Car Accident Lawyer Henderson Nv – Deciding whether to accept a settlement offer is one of the most important decisions you will make when filing a claim with an insurance company for a negligent driver following a car accident. You can feel very uncomfortable if the insurance company offers you a settlement right after your collision. You may be eager to settle your claim and receive your check. However, you may be concerned that the amount offered is too low.
If you are in this situation, you are not alone. Many who have been involved in a car accident worry about how to deal with a low settlement offer from the insurance company.
Car Accident Lawyer Henderson Nv
If you are offered a settlement that you feel is too low, you have the right to refuse it. In fact, you don’t want to accept a settlement offer right after the crash because you don’t yet know the full value of your claim. It takes time to know the extent of your injuries and reach maximum medical recovery—the level where you’ve recovered as much as you want and know what your medical bills and lost wages will be.
What To Do After A Car Accident In Las Vegas Nv
You may be afraid that the insurance company will not give you any settlement if you refuse the first one. Fortunately, this is rarely the case. The initial quote is just the beginning of the conversation between you and the insurance company. Their original offer may be deliberately false in the hope that they can trick you into accepting less than what you are entitled to in the settlement.
If you decide to decline the insurance company’s settlement offer, you’ll want to do it the right way. Here’s what you need to do:
If you haven’t already, hire an experienced Nevada car accident attorney right away. Never make a decision about a settlement offer without first consulting an attorney. He will know how much you will receive in the settlement and can protect your legal rights.
After your attorney conducts an investigation, he or she can send a written request to the insurance company to reject their offer, stating your claim and making an offer. It can make it easier to talk to your insurance adjuster. Be prepared that it may take several offers and appraisals before your claim is settled.
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If the insurance company refuses to be fair, or the deadline for filing your claim is about to expire, you don’t have to settle your case. Your attorney will file a civil lawsuit on your behalf and file a lawsuit for equitable compensation. You may be able to settle your case before going to a jury trial.
A question I have received many times from clients over the years is, “Can we go after the property of the person who hit me?”. This question is usually asked when discussing the policy limits offer from the insurance company for the negligent driver. In this situation, one of two issues is at play: 1) the policy limits are not sufficient to fully compensate the customer; and/or 2) We prepare a claim on my client’s uninsured motorist policy (“UIM Policy”). My clients often feel (and rightly so) that it is unfair that the other driver’s policy does not cover their injuries. As a result, they will inevitably ask if we can claim the driver’s property. In more than a quarter of a century of work, the answer to that question has always been a resounding “No.” There are very good reasons for this.
First, in most cases where there is insufficient insurance, the negligent driver is subject to the minimum medical restrictions. This usually indicates that the negligent driver has no assets to protect and potentially lives to pay. When this is the case, it will take years of steady income to fully compensate the client. This requires “following” the reckless driver from job to job and location to location as they try (as they almost certainly will) to avoid paying the fines and penalties. Additionally, unless alcohol is involved, a similar judgment can be entered in bankruptcy. This means that the entire amount of the judgment, minus the amount of the insurance policy, will effectively be lost when the bankruptcy is completed.
Second, the customer assumes that the insurance company will immediately pay the policy limits, giving them the opportunity to prosecute the negligent driver. Insurance companies take on two roles: an indemnity role (paying a judgment or claim) and a defense role (paying a lawyer to defend you if you are sued). Unless the insurance company agrees to release all claims, they will not (and cannot) settle the case. That means the client will go to court and get a judgment. Only the insurance company can pay the insurance limits. Going to court and going to court almost always requires high costs. Similarly, settlement fees tend to increase when a lawsuit is filed and/or the case goes to trial. It is possible for the customer to end up with less money than they would have originally bargained for with the policy limits.
Las Vegas, Nv Car Accident Lawyer » Friedman Injury Law
Finally, if UIM coverage is available, it doesn’t make sense to not accept the at-fault driver’s policy limits and proceed with a bill from the client’s insurance company. Customers are hesitant to file a claim against their own insurance company. They always assume that their rate will go up. As I mentioned in the previous post, this is not the case. Nevada law prohibits an insurance company from raising premiums simply to file a no-fault claim on the part of their insured. Not using UIM benefits is like paying for health insurance and insisting that you pay instead of leaving the doctor’s office or hospital to pay for their insurance. No one would think to do this. However, the insurance industry has done a good job of scaring people into thinking they will have to pay a lot of money without using coverage. That’s why it’s important to have an experienced personal injury attorney represent you throughout the compensation and legal process.
In the event that you have UIM coverage but choose to pursue an at-fault driver beyond their policy limits, you may not be able to access your UIM benefits unless and until you collect the full amount of the judgment against the driver who is guilty. You may also receive compensation in this amount, which means you may not be able to find your policy limits to fully compensate you for your injuries.
The time may come to proceed with the negligent party’s property. However, that would be a very difficult situation. Always seek out an experienced personal injury attorney to help you navigate your car accident case. Let Jones Wilson’s experience help you get the maximum return on your claim.
In most cases, if a family member or friend is injured as a passenger in a car being driven, you are usually limited to filing a Bodily Liability (BI) claim. As a passenger in the vehicle and be insured under the insurance policy which allows you to get all the benefits under the policy. But even if your injuries are serious enough that the coverage limits aren’t enough to cover you all, the language in the insurance policy doesn’t allow you to file for UM coverage. /UIM). a claim against another person who is also considered an “insured” under the policy. Doing so would violate what are known as “anti-stacking” provisions under Nevada insurance law. However, the Nevada Supreme Court has issued an exception to this rule in cases where there are two or more drivers who are simultaneously found to be negligent. Delgado v. American Family Insurance Co., 125 Nev. 564, 217 P.3d 563 (2009).
Henderson Car Accident Lawyer
In the town of Delgado, Dionysia Delgado was injured in a traffic accident while traveling as a passenger in a car owned and operated by Eunice Marcelino. Marcelino attempted to turn left into the northbound lanes of Nellis Boulevard in Las Vegas. A northbound vehicle owned and driven by Toquanda Dean struck Marcelino’s vehicle, killing Delgado. Marcelino is insured by American Family Insurance Group for liability up to $50,000 per person, and has auto insurance up to $25,000 per person. Dean carries an insurance policy with a liability limit of $15,000.
Delgado applied for two motorist insurance policies and reinstated the liability limits under those two policies. She argued that her injuries exceeded the policy’s two liability limits and filed a first-party UIM claim against Marcelino’s American Family policy. American Family dismissed its first-party claim based on its position that under Nevada law, an insured subject to a liability policy cannot also recover under the same auto insurance provision.
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