Nevada Car Accident Legal Questions

You should remain diligent in following up with your insurance company and make sure that your insurance company is diligent in following up with the tortfeasor's insurance company.  If you are required to pay your deductible, you can pursue the tortfeasor for reimbursement of the deductible; however a better course of action may be to work with your insurer as it seeks to obtain reimbursement for its payments on the claim.... Read Answer

The statute of limitations in Nevada for personal injury claims is generally two years. There are exceptions to the rule if you were under the age of 18 at the time of the accident. You may also be able to make a claim for underinsured motorist coverage up to six years after an auto accident. Give our office call. We are here to help.... Read Answer

You should retain Counsel to review your matter and protect your rights.  Obviously in an accident in which no citations are issued, the testimony of eyewitnesses and parties and the physical evidence will be crucial in providing fault and liability.  You will want to preserve as much evidence as possible to be able to prosecute your claims.... Read Answer

There is no shortage to the value which counsel can provide in your discussions with a insurer regarding being properly compensated.  The issue can sometimes arise that smaller property damage claims are really too small to make use of counsel cost-effective (and are too small to really be able to obtain effective representation on anything other than an hourly billable basis).  However it is usually cheaper to at least consult with counsel at the outset to keep you out of trouble than to attempt to hire counsel after the fact to get you out of trouble.  Good luck.... Read Answer

The odds that you would be cited at this point for the traffic violation is slim.  However the other driver (or their insurer) could still bring an action for property damage related to the other vehicle.  However if the sum total of the damages is small enough, the odds that an action would he brought are likewise slim. ... Read Answer

You are under no obligation (at this point) to speak with the insurance company.  However the insurance company will have a right to step into the shoes of its insured and pursue reimbursement for damages if you were negligent.  While you can be evasive, the easiest course of action would be to not discuss liability but to discuss resolution of the claims with the adjuster.... Read Answer

If the case has been dismissed, you can either file a Motion with the Court to set aside the dismissal or can file a new lawsuit to collaterally attack or enforce the terms of the Settlement Agreement and Release.  It is a difficult process because the Court will presume that the action would not have been dismissed but for consideration. ... Read Answer

In the State of Nevada, the statute of limitations for personal injury action is generally governed under NRS 11.190(4)(e) which statutes that actions shall be brought within 2 years where its "an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another."  There are some exceptions based upon other causes of personal injury.  As far as a fair settlement offer, the appropriate measure of a settlement offer involves a multi-factored analysis ranging from nature of the injury, nature of the victim, non-economic damages and impact, percentage of fault, etc.  You should consult with an attorney within that field who can best evaluate your specific circumstances.... Read Answer