With the intense traffic in Las Vegas, accidents are a common occurrence. An auto accident creates a certain level of chaos in your life by damaging your property, causing injuries, and injuring third parties. Individuals injured in an auto accident can seek compensation for their losses from the person responsible.
If you cause an accident in Nevada, you will not only deal with your injuries and losses but also battle lawsuits from other involved parties. The bodily injury liability coverage helps pay for the losses resulting from accident injuries to third parties. Nevada has minimum insurance requirements that drivers must carry for their protection and that of other road users.
Choosing the right coverage for this type of insurance is complicated because it will determine the out-of-pocket costs you are likely to incur. If you are liable for or injured in a car accident in Nevada, it pays to have a reliable personal injury lawyer to help you navigate the compensation process.
Overview of Bodily Injury Liability Insurance
Bodily injury liability insurance is part of your auto insurance policy. This cover covers the losses of third parties if you are at fault for the accident. Nevada is a fault state. Therefore, the person liable for the accident will be responsible for compensating the victims. You are liable for a collision if your actions or inactions contribute significantly to the accident.
You can cause an accident through an error in driving, operating a faulty vehicle, or failing to follow basic traffic rules. A person injured in an accident could suffer various losses, including the loss of wages, future earning capacity, and medical bills. Your bodily injury liability cover will pay for these losses.
Nevada law requires drivers to have at least the minimum amount of coverage. In addition to paying the victims for their damages, this insurance cover protects you from lawsuits that could arise if you are determined to be at fault for the accident.
Your bodily injury liability insurance will only pay for third-party injuries and losses if you are at fault for the accident. Therefore, determining fault and liability for a collision is critical in any accident in Nevada. Figuring this out will help determine the amount your insurance will cover and what you owe out of pocket to compensate the accident victims.
Injuries that Qualify for Bodily Injury Liability Insurance
Depending on the severity and type of accident, victims of collisions can suffer a wide variety of injuries. An injured person has a right to compensation from the liable party. Common injuries that your bodily injury liability insurance can cover for third parties in an accident include:
Soft Tissue Injuries
Sprains, strains, and tears to the muscles are painful injuries caused by the force and impact of a crash. Depending on their extent, soft tissue injuries can take a while to recover and may require surgery. This could result in extensive medical bills and missed work days to nurse the injuries. A person who suffers a soft tissue injury in an auto accident can be compensated using bodily injury liability coverage.
Whiplash
A whiplash injury arises when your head is jolted back and forth in a collision. This could occur in rear-end or head-on collisions. With a whiplash injury, a victim could suffer extensive pain and sometimes be unable to work for days or weeks. Treatment for this type of injury will require rehabilitation, and surgery may be necessary in severe cases.
Broken Bones
Broken bones are a common injury in auto accidents. This type of injury happens when the body absorbs pressure and trauma from the crash. Depending on the collision's severity, even the strongest bones in the body could break.
Broken bones take a long time to recover and can result in prolonged stays in the hospital. During this time, huge medical expenses could accumulate, and the victim may be unable to work. If you cause this type of injury to another person, your bodily injury liability coverage can compensate them.
Traumatic Brain Injuries
Trauma to the head can cause a traumatic brain injury. This is one of the most serious injuries that a person could suffer from an accident. A traumatic brain injury can have a long-term and devastating impact on a person’s life.
Victims of a traumatic brain injury from an accident will be entitled to compensation for all the losses they might incur from the injury. If you cause such injuries, you will want enough bodily injury liability coverage to avoid incurring out-of-pocket expenses.
Losses Covered by the Bodily Injury Insurance Liability
If you are liable for an accident that causes injuries to third parties, your bodily injury liability could help them pay for the following expenses:
Medical Expenses
Most injuries resulting from an auto accident will require treatment. Medical expenses after an auto collision accumulate when the emergency responders arrive at the scene and begin offering first aid services. The medical bills continue to accumulate as the victim stays in the hospital until they recover from the injury.
The bodily injury liability coverage can pay for the following medical expenses:
- Ambulance trips
- Consultation fees
- Hospital stays
- Equipment and medical procedures
- Surgery
- Medications
If the victim sustains injuries that require prolonged care or rehabilitation, the insurance coverage will still be responsible for the bills.
Lost Wages
Some accident injuries take a while to recover. While a victim sits at home or in a hospital nursing the injuries, they could miss weeks or months of work. For this reason, your insurance coverage must compensate them for their lost wages.
Lost wages are the earnings that a person loses due to their injuries. The lost wages could be in the form of monthly income, overtime pay, bonuses, or income from self-employment. Determining the loss of earnings is done using a lost wages letter. Thus, a letter was written by the victim’s employer showing the number of work hours they missed and the amounts they could have earned during that time.
If the victim does not have regular employment or obtains self-employment income, billing statements, and tax returns could help prove their lost wages.
Lost Earning Capacity
An injury from an auto accident can render a victim incapable of returning to the job position they held even after full recovery. This could occur when a person suffers a permanent injury like a traumatic brain injury, spinal cord injury, paralysis, or amputation.
Loss of future earning capacity can be devastating, especially when the victim is the breadwinner in their family. If you cause such injuries to another person, your bodily injury liability insurance will pay them for what they would have earned without the injuries.
Proving a loss of earning capacity will require testimonies from financial analysts and career lists showing the victim's future career prospects. Some of the factors that could be considered before the payment of this damage include:
- The victim's age and their life expectancy
- The victim's health before the accident
- The years that the victim has before retirement
- Prospects of career advancement or promotion
Pain and Suffering
In addition to the financial losses that the accident injuries cause, a victim can suffer physical and emotional pain from the situation. The trauma from the accident can cause emotional problems and affect the victim’s well-being.
Although pain and suffering cannot be equated to a dollar value, the victims of an accident will be entitled to compensation. This will be possible when you have bodily injury insurance liability coverage.
Burial and Funeral Expenses
Losing a loved one in an auto collision can be a big blow for their family and loved ones. The cost of a burial and funeral can take a toll on their finances as they grieve. If you cause an accident that results in the death of another person, the family of the deceased is entitled to commendation.
Your bodily injury liability coverage will cover burial and funeral expenses for the victim, which can lessen the family's financial burden.
Legal Fees
Your bodily injury liability coverage cannot pay for your losses or injuries. However, it will cover your attorney's fees if the victims of the accident you caused file a personal injury lawsuit against you. This could occur when the insurance coverage does not pay them enough for the losses they incur.
Minimum Bodily Injury Liability for Drivers
Under Nevada law, drivers must carry 25/50 bodily injury liability. Although this amount is enough to keep you in line with the law, it may be insufficient to cover all the losses that the victims of the accident face. If this happens, you may be facing a lawsuit for the balance.
If you cause injuries to multiple individuals, the insurance will be divided proportionally depending on the severity of the injuries for each party. Some of the factors you must consider when determining the amount of bodily injury liability coverage you must purchase include:
Income and Assets
You could be vulnerable to a personal injury lawsuit if you have many assets or a lot of money in the bank. If an accident victim sues you for their injuries and losses, the court can order you to pay them from these assets, putting you in financial trouble. Therefore, if you have assets that you want to protect, you must have enough liability coverage in case of a catastrophic collision.
Whether or Not Your Assets are Exempt
Under Nevada law, your homestead is exempt from a forced sale. However, you must declare that homestead in the county where you live. Unfortunately, other assets and properties may not be exempt. Therefore, it pays to have enough bodily injury liability coverage.
The Cost of Additional Insurance
While having enough insurance will save your assets and finances, you should not go into debt to purchase insurance. You must ensure that you are comfortable with the payments you are expected to make by the insurance company.
Purchasing a Bodily Injury Liability Coverage
When purchasing auto insurance coverage in Nevada, you must have expert guidance. Depending on your circumstances, you could purchase your insurance from an independent agent, a direct writer, or an exclusive agent. Before offering your personal information to an insurance agent, you must ensure they are licensed.
- Insurance companies will consider several factors when determining the amount you will need to pay for your coverage:
- Driving record. A driver with a poor record is considered a risk. Therefore, the insurance company may mandate that you pay a higher premium. This will be the case if you have been involved in an auto accident.
- Your location. The insurance company will determine your premium payments depending on where you live and how prone the location is to accidents.
- Your credit score. Your credit score could be a significant factor in determining the amount of bodily injury liability insurance you must purchase.
When you are determined to be the fault party in an accident, your insurance provider will be responsible for covering the medical expenses, lost wages, and suffering caused to the victims of the accident. Although this insurance cannot compensate you for your injuries, you can claim compensation if another person contributed to the accident.
Nevada is a comparative negligence state. Therefore, all individuals who play a role in the accident will be responsible for a percentage equal to their fault. When choosing the right bodily insurance coverage, you can use these tips:
Assess your Needs
Your need for bodily insurance liability will depend on how much you drive, where you drive, and the people you are likely to have in your vehicle at a given time. You want enough coverage to pay for damages in worst-case scenarios or when the collision causes extensive damage.
Compare Different Policies
While having enough bodily injury liability coverage is essential, you should only pay for what you need. The bodily injury liability will only cover other people's losses. Instead, you can pay for what is enough and use the rest of the funds for supplemental insurance coverage that can benefit you.
Not all insurance coverage is equal. Before choosing the right time, you must check out their reviews, rages, and the ease of filing a claim. If your insurance does not compensate the injured parties, they can file a claim against you.
Supplemental Auto Insurance Coverage in Nevada
Your bodily injury insurance coverage will only pay for the injuries you cause to third parties after an accident. Therefore, your injuries or any damages done to your vehicle after an accident cannot be paid. You can avoid incurring out-of-pocket expenses after an auto collision by having the following additional coverage:
Comprehensive Insurance
This type of insurance coverage will pay for the damages done to your vehicle if you are partially or entirely at fault for the accident. Comprehensive coverage can also compensate you if poor weather conditions, vehicular theft, or roadway hazards damage your vehicle.
Medical Payments Coverage (MedPay)
If you are injured in an accident where you are at fault, your bodily injury liability will not cover your medical expenses. Instead, it’s aimed at covering the losses of injured third parties who could sue you for your role in the accident. Therefore, you must have health insurance that can cover your medical expenses. The medical payment coverage helps you pay for all costs associated with treating your accident injuries, regardless of where the fault for the accident lies.
Uninsured or Underinsured Motorist Coverage
If you are in an accident where you and the other driver are uninsured or underinsured, this insurance coverage can help you cover the losses for the injured parties.
Personal Injury Protection
Personal injury protection coverage covers injuries you suffer after an accident in Nevada. The bodily injury liability insurance will only pay for injuries to third parties. Therefore, you will need insurance to cover your medical expenses and lost wages if you suffer injuries that prevent you from working. With PIP, you will not need to worry about out-of-pocket expenses for losses resulting from your accident.
Collision Coverage
This supplementary insurance will cover vehicle and property damages from an auto accident. This insurance will pay for your car repairs and reimburse you for other losses you insured in the accident.
Find a Competent Personal Injury Lawyer Near Me
Nevada is a fault state, so if you cause an accident where third parties are injured, you must compensate them for the losses arising from their injuries. As a driver, you must have $25,000 of bodily injury liability to protect yourself from lawsuits that could be brought by pedestrians, drivers, and passengers injured in an accident.
This insurance coverage will pay for medical excuses, lost wages, loss of consortium, and death resulting from an accident for which you are liable. The first step you need to take after being involved in a collision is to consult a personal injury lawyer. The lawyer will guide you through determining fault for the accident and defend you in a personal injury lawsuit.
At the Las Vegas Personal Injury Attorney Law Firm, we will offer the expert legal guidance you need to protect your rights after an accident and in a personal injury claim in Las Vegas, CA. Contact us at 702-996-1224 to discuss your situation.
