Tuesday, January 26, 2016

Minimal Liability for Auto Insurers in Nevada

      This post is a follow up to the previous post discussing the situation where a driver does not cooperate with their insurance company. Since that topic covered some issues, I think it would be helpful to go into more specifics. One important point of discussion is the minimal liability in Nevada. In Nevada NRS 485.185 sets out that all drivers must have a policy of at least $15,000 per person and $30,000 per vehicle to cover bodily injury or death.
      Another important issue topic is that of absolute liability. NRS 485.3091(5)(a) sets out that an insurance company has complete liability whenever injury or damage occurs to another driver as far as the requirement to pay at least in the amount of minimum required coverage, which is as of this time $15,000 per person, and $30,000 per vehicle despite any statements that are made by the person covered under the insurance policy. So this means that if person who is covered under the insurance policy is found to be at fault for an accident then their insurance company will be required to pay out at least the statutory minimum amount of insurance despite what statements their insured makes.
    The Nevada Supreme Court just ruled on this issue in Torres v. Nev. Direct Ins. Co., 131 Nev.Adv.Rep.54, 2015 Nev. LEXIS 61 (July 30, 2015). Basically in that case an insurance company argued that they should not have to pay anything to a person who was injured by their insured another drive who is found not be at fault in an auto accident because their insured did not cooperate with them or give them a statement. The Nevada Supreme Court ruled that the insurance company is still required to pay out the minimum policy limits in Nevada regardless of whether or not the driver under their policy cooperates.
    So at least $15,000 per person and $30,000 per vehicle will be available for someone who is wrongfully injured by someone else who has an automobile insurance policy, even if that person does not cooperate with their insurance company. There may also be more money available depending on the particular situation.

If your or someone you know has been injured in a auto accident please visit our main website at www.accidentawardslasvegas.com or call us at 702-343-0494.

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