In an accident, what info should I get from the other driver?
After a car or truck accident, you should get the other driver’s:
- Name, address, and phone number: You may want to call their phone at the scene to ensure you have the number correct on your phone.
- Driver’s license information: You can take a picture of their license or write down the information included.
- Insurance information: You can take a photo of their insurance card.
- License plate number
- The color, make, and model of the car
If you did not get any of this information, but the police were called to the scene, this information should be written down on the police report.
What Other Information Should You Obtain at the Scene?
Once you have obtained the information from the other driver, you may want to get contact information from any eyewitnesses. There are a few steps you should take when getting into an accident. They can give their account of the accident later on.
You may also want to take photos of the scene, including:
- The vehicle’s position
- Any skid marks
- Any traffic control devices
You may also want to take note of the weather at the time of the accident.
What Information Should You Avoid Giving the Other Driver?
While you must exchange information with the other driver, you should never admit fault or say, “I’m sorry.” The other driver can claim that you admitted you caused the accident.
You should also avoid speculating about the other driver’s actions while speaking with the police.
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Is Nevada a Fault State? What Is a Fault State?
Some states have what are called “no-fault” laws. In these states, each party files with its own insurance company, regardless of who caused the accident.
Nevada is a fault state. As a “fault” state, the driver who causes the accident is responsible for any injuries, lost wages, and property damage that result. You would then file a claim for compensation with the liable driver’s insurance company. Your compensation will come from their liability insurance policy.
All drivers in Nevada are required to have the following insurance amounts:
- $25,000 bodily injury liability per person
- $50,000 bodily injury liability per accident
- $20,000 in property damage
How Soon Should I Tell My Insurance Company About My Car Accident?
You should tell your insurance company about your car accident as soon as possible. Most car insurance companies allow you to report your accident through a mobile app, so you don’t even need to call.
What Should I Tell My Insurance Company?
It would help if you told your insurance company the basics:
- When and where the accident happened
- The type of accident
- Who was involved
- The other driver’s insurance information
Should I Tell the Other Driver’s Insurance Company Anything?
You do not need to tell the other driver’s insurance company anything besides the basics, such as your name and when and where the accident occurred. If the insurance adjuster asks for a recorded statement, you can deny the request and direct any questions to your attorney.
What Happens if the Other Person Does Not Have Insurance in a Car Accident?
All drivers in Nevada are required to have insurance. However, not all drivers obey the law. Over 10 percent of drivers were uninsured in Nevada in 2019, according to the Insurance Information Institute (III). If you are injured in an accident, and the other party does not have car insurance, you may be frightened and not know where to turn. Depending on your situation, you may have options.
Medical Payments Coverage
You may have also purchased Medical Payments (MedPay) coverage when you purchased car insurance. This policy covers your injuries and your passengers’ injuries regardless of fault. While it does not cover all your losses, it will cover your injuries up to your policy limit.
It will also cover you if you were injured in a pedestrian accident.
Uninsured/Underinsured Motorist Coverage
Uninsured/underinsured motorist protection (UM/UIM) coverage will cover you and your passengers if the other driver does not have insurance. This policy will also apply if the other driver flees the scene.
What Happens if I Get Into a Car Accident and I Do Not Have Insurance?
If you are involved in a car accident and do not have insurance, you may have to pay the other party’s medical bills and other losses out of pocket. This means the other party may sue you. However, this only applies if you caused the accident. If the other driver was at fault, they would be responsible for their injuries and expenses.
You should still be able to recover compensation for your injuries from the other driver, even if you do not have insurance. Per Nevada insurance law, you should be able to recover up to $25,000 for your injuries.
You May Face Other Penalties
Driving without insurance is illegal. If you were driving without insurance, your license and registration might be suspended. You will also face fines of $250 or more. In some cases, you could face jail time.
Do I Have a Case if I Don’t Feel Injured?
While you need to be injured (physically, emotionally, or financially) to have a valid personal injury case, some injuries take hours, days, or even weeks to show symptoms. Conditions that can have delayed symptoms include:
- Whiplash
- Internal bleeding
- Organ damage
- Spinal cord injuries
- Traumatic brain injuries, including concussion
- Back injuries
After an accident, keep an eye out for the following symptoms and go straight to the doctor if you experience any of them:
- Abdominal pain
- Headaches
- Numbness and tingling
- Confusion or memory loss
- Dizziness
- Fatigue
- Blurred vision
- Loss of consciousness
All of the above symptoms can be indicative of serious injuries.
What If I Wait Too Long to Go to the Doctor?
If you wait days or weeks after your car accident to go to the doctor, it can be more difficult to link your injuries to your accident. You can expect the insurance company to claim your injuries are exaggerated or stem from another event.
However, we have experience handling cases like these. We can use your medical records and hire expert witnesses to establish how the accident caused your injuries.
What if an Insurance Adjuster Calls Me?
Soon after your accident, an adjuster from the other party’s insurance company may call you to get your account of the accident. In most cases, they will request a recorded statement.
Do Not Agree to Give a Recorded Statement
While the insurance company may claim that it needs a recorded statement from you, this is not true. This recorded statement can be detrimental to your case. The insurance adjuster can use anything you say in your statement against you. They may ask leading questions or pressure you into admitting that you were not injured or contributed to the accident.
We recommend that you deny any requests for a recorded statement and direct any questions the adjuster may have to our team.
Do Not Accept a Settlement Without Discussing it With Us First
The insurance representatives for the defendant may try to use scare tactics and stalling strategies to pressure you into accepting an out-of-court settlement for a value far below your case’s true worth.
Your attorney can help you by negotiating financial terms on your behalf. They can fight for your rightful compensation and help you avoid harassing phone calls and other unwanted contact from a third party.
Once you hire an attorney, all contact from the defendant’s representatives must go through your lawyer. This frees up your time to concentrate on recovering from your accident.
What if I Lost Wages Due to My Injury?
If your injury caused you to lose wages, you could recover compensation. You can recover any of the following:
- Any time you took off to recover from your injuries
- Any time you were unable to work due to the pain from your injuries
- Any time you took off for doctor’s appointments
You can also recover compensation if your injuries cost you money in the future. For example, if you work in a factory that requires you to stand for long periods, an injury can keep you from doing that. You may need to work fewer hours or get a less-paying job. You can recover the difference in pay.
You can also recover compensation if your injuries take away your ability to work. If you are self-employed, you can still recover compensation; however, those losses may be more difficult to calculate. Our team will help you determine what you can recover for lost wages.
Nevada Car Accident Statistics
There were more than 51,000 motor vehicle accidents in Nevada in 2010 (the most recently available data for this information), leading to almost 19,000 injuries and 257 fatalities. While that number is staggering, Nevada roads have become increasingly deadly. Since 2010, fatal car accidents have increased, with deaths steadily increasing.
In 2015, 325 people lost their lives in Nevada traffic accidents, the highest number in seven years. Approximately 65 percent of these deaths occurred in Clark County, likely due to the large population and traffic volume in Las Vegas.
Nevada Fatality Rates, Compared to the U.S. Average
Nevada’s rise in fatal accidents coincided with the climbing fatality rate in the U.S. In 2011, Nevada’s fatality rate was 9.00 per 100,000 people, while it was 10.4 for the U.S. In 2015, Nevada’s rate of 11.2 surpassed that of the U.S., which was 10.9. Much of this might have to do with the increase in cars on the road. From 2012 to 2015, almost 300,000 additional vehicle registrations were recorded.
As accidents, injuries, and fatalities increase, so do the associated economic costs. Auto accidents and injuries cost the state of Nevada almost $2 billion in lost wages and medical expenses.
Six Common Causes of Rear-End Accidents
It is a myth that the vehicle in the back is always at fault for a rear-end accident. Countless ways rear-end accidents can occur, and depending on the circumstances, either driver could be responsible for the collision. In addition, a defective car part, poor road design, or other factors could cause the rear-end crash.
Here are six of the most common causes of rear-end accidents:
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Sudden braking
If the car in front of you breaks suddenly for a red light, a pedestrian, wildlife, or another reason, it can be difficult or impossible for the car directly behind them to stop.
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Speeding and Sudden Acceleration
In the same way, if the car in the back accelerates suddenly or is driving above the speed limit, a rear-end accident can occur. For example, if a car accelerates when they see a yellow light, it can strike the car ahead of it that is stopping at the intersection.
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Distracted driving
Taking your eyes off the road for even a few seconds can cause an accident. Answering a cell phone call, sending a text, or eating behind the wheel can mean not seeing brake lights coming on ahead of you.
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Tailgating
The main reason that you should not follow too closely is rear-ended accidents. The closer you are traveling to the car in front of you, the more likely you will not have the time or ability to stop in the event of sudden deceleration.
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Poor road design
Some rear-end accidents take place because a driver cannot see the road in front of them or because the road signage is confusing. In these cases, the rear-end accident may be the fault of the Department of Transportation or a municipality.
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Weather conditions
Wet roads or icy roads can make stopping take much longer than usual. In addition, rain, fog, or other low-visibility weather can make it difficult to see hazards on the road ahead of you.
In rear-end accidents, injury victims often assume that they don’t have a case, assume they are at fault or don’t understand what truly caused their crash. An experienced car accident attorney can help you understand your crash’s legal aspects and ensure you get the compensation you deserve.
Benefits of Hiring a Personal Injury Lawyer for My Accident Case?
Although you can seek compensation without legal counsel’s representation, doing so is likely not in your best interest. There are many benefits to hiring a personal injury lawyer in Las Vegas. Personal injury law is complex, and you must be aware of your rights and all available options before choosing how toGGGGG pursue justice for your injuries.
At De Castroverde Law Group, our attorneys are experienced in all types of personal injury claims and lawsuits, and we can create a detailed case to help you pursue the compensation you deserve. When you enlist a seasoned Las Vegas injury lawyer from our firm, you can be confident that your rights will be protected, your voice will be heard, and you will not be taken advantage of by the insurance company or the defendant.