Handling Accident

You are in a car accident and you call the police. They ask you if you are injured. At that moment, you are in a state of shock and are not feeling any pain. The police tell you to exchange insurance information with the other driver.   Many people want to know, what gives the police the right to no longer come to all car accidents scenes. The answer may surprise you. It was actually the Nevada State Legislature who said that no report is needed in these types of car accidents. Nevada Revised Statute, (NRS) §484E.070, establishes the right that no report need to issued in any minor, “non-injury” causing auto accident. The key provisions of NRS §484E.070:   NRS 484E.070 Written or electronic report of accident to Department by driver or owner; exceptions; confidentiality; use as evidence at trial. ….     2.   . . . the driver of a vehicle which is in any manner involved in an accident on a highway or on premises to which the public has access, if the a...

You are in a car accident. Your car is damaged, needing extensive repairs. You need your car to get to work, take care of your family and do every other errand to manage your life.  But the at-fault driver’s insurance company is dragging their feet on getting you a rental car. So, you rent a car yourself. After weeks of rental car, you decide you can no longer afford it.  You rely on friends and family for another week, while your car is being repaired.   It turns out the insurance company never gets their act together and you have three property damage losses:1. Car Repair costs; 2. Rental Car Costs; 3. Vehicle Value and 4. Loss of Use for your own car while you didn’t have your car or a rental car. The seminal case on car issues after a car accident is Dugan v. Gotsopoulos, 117 Nev. 285 (2001)   Car Repair Costs. This is the easiest property damage to prove. Evidence of the car repair costs from the car repair shop can be used to document your out-of-pocket car re...

The Nevada Arbitration Rules (“NAR”) govern arbitrations in Clark County, Nevada. Rule 6 describes how an arbitrator is actually selected in your personal injury case. First, the arbitration commissioner gives both parties identical lists of 5 arbitrators. These 5 arbitrators are randomly chosen from the arbitration commissioner’s global list of approved arbitrators in Las Vegas. Each party only has 10 days to strike up to 2 arbitrators on the list. If both sides strike 2 different arbitrators each, then the remaining fifth arbitrator will be the arbitrator that decides your case. If both parties have stricken the same arbitrators on the 5 person list, then the arbitration commissioner will randomly pick an arbitrator from the remaining names.   It is important to note that the parties are able to bypass this 5 arbitrator list if they choose to do so. This is done by the parties jointly selecting an arbitrator from the arbitration commissioner’s global list or a private arbitrator...

Mediations and settlement conferences are one of the most useful tools in your injury attorney’s tool belt to settle Las Vegas litigation cases. Both are ways to settle your case and avoid trial. In Las Vegas personal injury cases, a mediation is meeting, with an experienced personal injury attorney and/or former judge, to possibly settle your case.  All of the parties and their attorneys will be present during the mediation.   Prior to the mediation, each parties’ attorney will submit confidential mediation briefs, discussing the case and providing all necessary supporting documentation. The mediator will have received and reviewed these briefs prior to the date and time set for the mediation. This way, the mediator will have a thorough understanding of your case, before you even walk into the door to meet the mediator. During the mediation, the mediator will meet with each side privately in an attempt to bring the parties together for a successful resolution of the cas...