Do I Have to Go to Court for a Car Accident Claim?

February 25, 2021 Car Accidents

In Nevada, car accident victims have three options to secure compensation from an at-fault driver. You can file an insurance claim against the at-fault driver or under your own coverage if you have the appropriate policy. You can also file a personal injury lawsuit against the at-fault driver in Nevada civil court. Not all car accident claims end in the courtroom, but there are certain situations where filing a lawsuit is in your best interest.

The Nevada Insurance Claim Process

Insurance claims typically resolve faster than lawsuits, and many accident victims can secure the compensation they need by filing a claim. After you file an insurance claim, an adjuster will investigate the accident and determine who is responsible. If the company believes the policyholder is liable, you will receive a settlement offer and your case will resolve.

However, it is important to remember that your motivations may differ from the insurance company’s goals. An insurance company has two main jobs: to fully investigate any accident claim it receives, and to protect its bottom lines, which can make it difficult to secure maximum compensation.

In some cases, your attorney can evaluate any settlement offers you receive and negotiate for a higher amount on your behalf. If the insurance adjuster denies your claim and is acting in bad faith, your attorney can file an appeal with the company.

When Should a Car Accident Victim File a Lawsuit?

Many car accident claims resolve in the insurance process. However, there are situations where you may need to file a lawsuit.

  • Nevada drivers often purchase set amounts of liability insurance. You can only claim compensation up to the at-fault driver’s policy limits. If you suffer severe injuries and require damages that exceed these policy limits, you may want to file a lawsuit.
  • As an injured person, you require full compensation to heal from your injuries and pay for any long-term costs related to your injury. However, the insurance company may not offer a sufficient settlement and refuse to negotiate the offer with your attorney. If the company will not provide the compensation you deserve, a lawsuit may be your best option.
  • In cases involving unclear or complex liability, an insurance company may deny your claim and refuse to pay for your damages. In this situation, you may want to take your case to trial for the court to decide who was responsible.

It is also important to note that not all personal injury lawsuits end in the courtroom. In many cases, insurance companies settle the case before it reaches trial. Even if you file a personal injury lawsuit after your accident, it is not a guarantee that you will go to court.

Do You Need a Lawyer After a Car Accident?

While filing a lawsuit allows you to collect larger amounts of compensation, the trial process can be risky. The court is responsible for deciding whether you deserve compensation and how much you should receive. If the court believes you are partially responsible for the accident, it may reduce your award by the percentage of liability you share. If you are more than 50% responsible, you will not receive any compensation.

Whether you are filing an insurance claim or lawsuit, you need an expert Las Vegas car accident attorney on your side. Your personal injury lawyer can provide multiple benefits throughout your case, from negotiating with insurance adjusters to protecting you against shared liability in the courtroom. Contact a Vegas personal injury lawyer as soon as possible to discuss your legal options.