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Common Nevada Personal Injury Law FAQs

Can I still file a personal injury claim in Nevada if the accident was partially my fault?

Yes, you can still file a personal injury claim in Nevada even if you were partially responsible for the incident. The Silver State uses a legal doctrine known as modified comparative negligence. The law allows you to seek damages as long as your responsibility for the accident is not greater than the other party’s responsibility, whether you were involved in a fender-bender on the Las Vegas Strip or a collision near Mount Rose in Reno. Specifically, you must be 50% or less at fault to recover any money.

If you are found to be 51% or more at fault, you cannot collect compensation. However, if your fault is 50% or lower, you can still collect, though your settlement will be reduced by your percentage of blame. For instance, if a court in Washoe County determines you are 20% at fault for an accident in Sparks because you were slightly over the speed limit, and your total damages are $100,000, your final recovery would be $80,000.

Insurance companies in Henderson, North Las Vegas, and Summerlin will try to exploit this rule by attempting to shift as much blame onto you as possible to protect their bottom line. Lerner and Rowe Injury Attorneys will ensure that the facts are presented clearly to minimize your degree of fault. Our experienced Nevada injury lawyers gather evidence from traffic cameras, witness statements, and police reports to build a strong case that reflects the truth of the situation.

Don’t let a greedy insurance adjuster in Clark or Washoe County convince you that you have no recourse just because you played a small role in the accident. Lerner and Rowe’s Nevada injury lawyers are here to fight for the maximum compensation allowable by law.

How do I pay my medical bills if the insurance company is delaying my Nevada personal injury claim?

It is incredibly frustrating to deal with mounting medical bills while a greedy insurance company intentionally delays your claim. Whether you are recovering from a slip-and-fall at Allegiant Stadium in Las Vegas or a multi-vehicle accident in Midtown Reno, those bills don’t stop coming just because an adjuster is dragging their feet. Fortunately, you have several options to keep your credit intact and your treatment on track while we fight for your full settlement.

First, you should use your own health insurance. Many victims in Henderson or Summerlin hesitate to do this because the accident wasn’t their fault, but your health insurance is designed to cover these costs immediately. If you have Medical Payments (MedPay) coverage on your own auto insurance policy, that is another excellent resource. MedPay is optional in Nevada, but if you have it, it can provide immediate funds for doctor visits and ER fees regardless of who caused the accident.

If you don’t have health insurance or MedPay, Lerner and Rowe Injury Attorneys can often help you seek treatment through a medical lien. This is a common practice in Washoe and Clark Counties, where local doctors and specialists agree to treat you now in exchange for payment later from your final settlement. This ensures you get the care you need at top-tier facilities in North Las Vegas or Sparks without paying anything out of pocket today.

Do not let an insurance company’s stall tactics force you into a lowball settlement just because you are worried about debt. Our savvy Nevada injury lawyers understand how to navigate these delays and hold insurers accountable. We work to ensure your medical providers are coordinated so you can focus entirely on your physical recovery.

Does Nevada require a ‘MedPay’ payout before I settle my injury case?

In Nevada, you are not required to wait until your case settles to receive a “MedPay” payout. In fact, the entire purpose of Medical Payments (MedPay) coverage is to provide immediate financial relief while your legal claim is still pending. Whether you are dealing with hospital bills from a crash near Summerlin or chiropractic costs following an accident in South Reno, MedPay is designed to pay out as soon as you submit your medical invoices to your own insurance provider.

One of the most significant advantages for Nevada residents is that MedPay is a “no-fault” benefit. This means your insurance company must pay your covered medical expenses regardless of whether you caused the accident on I-15 or were the victim of a distracted driver in Henderson. Furthermore, Nevada law is unique because it generally prohibits “subrogation” for MedPay. In many other states, if you get a settlement from the at-fault driver, you have to pay your insurance company back for what they spent on your medical care. In Nevada, you typically get to keep the full MedPay benefit plus your entire settlement, essentially allowing for a “double recovery” of those medical costs.

Insurance companies in Las Vegas and Washoe County are required by law to offer you at least $1,000 in MedPay coverage. If you have this protection, Lerner and Rowe Injury Attorneys can help you tap into these funds immediately to ensure your doctors are paid, and your credit remains protected. We understand that a greedy insurance adjuster might try to complicate the process, but our Nevada injury lawyers know how to force them to honor the policy you’ve paid for.

Do not let unpaid bills pressure you into accepting a lowball settlement offer. Our team is here to manage the paperwork and the insurance adjusters so you can focus on healing.

How long does an insurance company have to respond to a demand letter in Nevada?

In Nevada, the timeline for an insurance company to respond to a demand letter is governed by specific consumer protection laws found in the Nevada Administrative Code (NAC 686A.675). Whether you are filing a claim after a collision in Downtown Las Vegas or a slip-and-fall near the University of Nevada, Reno, insurance carriers have strict deadlines they must follow to avoid acting in bad faith.

Under Nevada law, an insurer must acknowledge your claim within 20 working days. Once you or your attorney submits a formal demand package with all necessary medical records and proof of loss, the insurance company generally has 30 working days to accept or deny the claim. If the company is unable to make a decision within that timeframe, they are legally required to notify you in writing, explaining exactly why they need more time.

These rules exist to prevent insurance companies in Henderson, North Las Vegas, and Sparks from using “stall tactics” to exhaust your patience. Greedy adjusters often try to drag out the process, hoping you’ll become desperate enough to accept a lowball settlement offer. Lerner and Rowe Injury Attorneys won’t let that happen to you. Our trusted Nevada injury lawyers track every deadline and hold insurers accountable in Washoe County and Clark County. If an insurer misses these statutory windows, it may be evidence of bad faith, which can significantly increase the value of your case.

Our experienced Nevada injury lawyers know how to put the pressure on insurance companies to ensure they don’t ignore your demand. We handle the aggressive follow-up required to move your case toward a successful resolution so you can focus on your health.

What is the ‘Bad Faith’ law in Nevada regarding insurance claim denials?

In Nevada, an insurance company has a legal duty to act in “good faith and fair dealing.” This means they must handle your claim honestly and fairly, rather than looking for every possible excuse to save money. If an insurer ignores the facts of your accident near the Las Vegas Strip or unreasonably denies coverage for a collision in Midtown Reno, they may be acting in bad faith.

Under the Nevada Unfair Claims Settlement Practices Act (NRS 686A.310), several specific actions qualify as bad faith. Common examples include:

Failing to conduct a thorough and prompt investigation of your injuries.
Misrepresenting policy terms or language to avoid paying out.
Offering a “lowball” settlement that is significantly less than what your case is worth.
Delaying payment without a reasonable explanation after liability has become clear.

When a greedy insurance company in Henderson, Sparks, or North Las Vegas violates these laws, they can be held liable for more than just the original value of your claim. In a successful bad faith lawsuit, you may be entitled to compensatory damages for emotional distress, attorney’s fees, and even punitive damages intended to punish the insurer for their misconduct.

The experienced Nevada injury lawyers at Lerner and Rowe Injury Attorneys know how to spot these stall tactics. We hold insurers in Clark County and Washoe County accountable when they prioritize their corporate profits over your recovery. If you feel like you are being treated unfairly or your valid claim was denied without a good reason, we are here to fight for the maximum compensation you deserve.

Do you have additional questions? Contact us today.