New Nevada Law

New Nevada Laws Passed in 2021 Impacting Business & commerce

The Nevada State Legislature met in Carson City recently and worked hard to pass nearly 564 Bills in the 2021 session.  These Bills ranged from decriminalizing speeding tickets to expanding voting procedures.  These next series of blogs will go through all the changes made to Nevada laws in all area’s from banning specific types of weapons without serial numbers to increasing taxes on the mining industry to help fund our education system in Nevada.  Even though the session just ended, the law that have made there way to the governs desk an become effective once signed by the Governor.  The following Bills these blogs have been signed by the Governor. 

With the session only just ended, Bills they enacted are still making their way to the governor’s office. This Blog will focus on the Bills passed that impact business and commerce in our state.  

Assembly Bill 28: The Nevada state legislature passed a number of Bills helping businesses in our state compete against out of state competitors by providing advantages to companies based in Nevada. Assembly Bill 28 changes the law in order to provide local businesses better opportunity to obtain state contracts by penalizing out of state bidders based on other states policies. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7270/Text

Assembly Bill 60:   This Bill appears to be a result of the current political atmosphere and the “Me Too” movement. This Bill quashes provisions of a contract or a settlement agreement if they prevent any party to the agreement from testifying about a crime, sexual harassment, discrimination or retaliation. This Bill prevents businesses from “paying off” employees or partners from testifying about those improper acts. 

Assembly Bill 61: Assembly Bill 61 is a welcome measure to try to control the ridiculous amount of Robo calling that is occurring in our state and the price gauging that took place during the pandemic. The Bill classifies Robo calling and raising prices without merit during a state of emergency as a deceptive trade practices and penalizes the companies for these practices.  Many businesses profited during the pandemic by raising prices on basic needs items astronomically.  

Assembly Bill 106: Assembly Bill 106 was passed in February and provides $50 million for small businesses and nonprofits impacted by the pandemic.  These funds are intended to help the many small business’ in our state that went months without revenue due to the Governor’s restrictions during the Covid 19 pandemic.  

Assembly Bill 359:   Assembly Bill 359 requires translation of contracts and other business documents. Most state, school and other county forms have been available in Spanish for many years.  

Assembly Bill 363: Assembly Bill 363 is affectively a tax increase for anyone who is using a property as a short-term rental or renting through websites like Airbnb and requires them to pay lodging taxes.

Assembly Bill 399: Another interesting Bill that passed was assembly Bill 399 which was likely lobbied by animal rights activists in our state. This Bill requires that all eggs sold in the state of Nevada the certified as cage free with a few exceptions. The term “Cage-free” is a term that is regulated by the USDA and means that the eggs come from hens that are not raised in cages.  It means that the hens can “freely roam a building, room, or enclosed area with unlimited access to food and fresh water during their production cycle, but [do] not have access to the outdoors.” https://www.ams.usda.gov/sites/default/files/media/USDA%20Grademarked%20Product%20Label%20Submission%20Checklist.pdf 

Senate Bill 114: Another Bill likely passed through the efforts of lobbyists for the cannabis industry is Senate Bill 114 which allows for restaurants and manufactures of food products to sell and produce foods and drinks that contain hemp products in Nevada. Hemp is high in protein and products include hemp oil, hemp milk, hemp seeds, hemp protein powder and many other food items. Historically, hemp products were purchased at health food stores. Hemp has many health benefits.  Many people associate hemp with marijuana.  However, hemp has no mind-altering effects and does not contain enough THC to impact mood.  The term “hemp” is defined as cannabis that contains 0.3 percent or less THC content by dry weight.

https://www.healthline.com/health/hemp-vs-marijuana#hemp

Senate Bill 237: Another Bill that is a successful result of lobbying efforts by the LGBTQ community is Senate Bill 237. This Bill provides for small businesses that are owned by members of the LGBQT community to be eligible for various forms of state assistance and incentives and provides protection from discrimination towards those businesses. 

Senate Bill 248: Senate Bill 248 is a welcome relief to our citizens and especially people injured in auto accidents. It requires that collection agencies provide written notice to anyone who owes a medical debt at least 60 days prior to taking any action to collect the debt. This allows for the debtor to contact the insurance company or the medical provider to make payment arrangements prior to collection actions being taken.   It is also important to note that in Nevada, a hospital cannot attempt to collect a debt against you until they have billed your health insurance.  

Senate Bill 260:   This Bill is Nevada’s attempt to prevent our citizens personal data from being sold on the open market by website operators. The Bill extends restrictions that are already in place to website operators that use a seller’s personal data and prevents them from selling that data to brokers who buy and sell the personal information of website users.  Although this sounds good on paper, it is important to know that the web is a worldwide entity and users or operators outside our state may not be bound by these state restrictions.  And if jurisdiction is found that they are operating in Nevada and are subject to this law it would be very difficult and resource intensive to find them and catch them. However, it does give our attorney general leverage in the event that any mass distribution of Nevada resident information is found to have occurred by a website operator. It is likely that the offenders that would be prosecuted would be large entities like Facebook or Google if violations of the law were fold to have taken place.

Senate Bill 320: Senate Bill 320 affects third-party food delivery companies most likely companies like Uber eats or Postmates. This Bill requires that these companies have written contracts with the restaurants. This Bill likely arises from conflict during the pandemic between food delivery services and restaurants. That requires the terms to be written so that both parties know the terms and the payment terms that are in place.

The Law is ever changing and at the personal injuries law offices of At TheOneLawyer.com, are always staying on top of new laws and cases that impact our clients and our community.  At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical Bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

YOUR INSURANCE COMPANY IS REQUIRED TO OFFER YOU COVERAGE FOR YOUR MEDICAL BILLS and DAMAGES?

Three Things your insurance company is required to do:

  1. Offer you UIM/UM benefits equal to your liability coverage;
  2. Offer you  medical payments coverage in the amount of $1,000.00;
  3. Obtain your written rejections if you do not purchase these coverages.

Auto insurance is complex and has many layers.  There are a lot of different coverages that make up what people think of as their auto insurance. This blog will focus on what is known under Nevada Law as the “higher offer rule.” This statute requires auto insurance companies to offer all Nevada insureds underinsured motorist coverage in the same limits and amounts as your comprehensive collision coverage that you purchase.  In addition, it mandates that insurance companies to offer $1,000.00 in medical payments coverage to cover medical bills, continue reading here for a professional guidance.

In July of 2018, the legislature increased the minimum motor vehicle liability coverage for Nevada to $25,000 in bodily injury per person and $50,000.00 per accident and $20,000 in property damage per accident. This is commonly cited as 25/50/20 from the previous limit’s requirements of 15/39/10. It is highly recommended by TheOneLawyer.com to purchase limits greater than that if you are able to afford higher limits as these are very low.  Liability insurance and protects you and your assets if you are liable for causing an accident to pay the other drivers and passengers. However, you also have the option of purchasing UIM coverage which covers your own injuries in the event that the adverse driver has no insurance or does not have enough insurance to pay your damages. https://www.investopedia.com/terms/u/uninsured-motorist-coverage-um.asp

The law is very clear and specific regarding this issue in the state of Nevada.  The legislature passed the following law to allow consumers to understand their options when it comes to purchasing auto insurance in Nevada: 

NRS 687B.145  Provisions in policies of casualty insurance: Proration of recovery or benefits; uninsured and underinsured motorist coverage; coverage for medical expenses; insurer not entitled to subrogation upon payment made because of underinsured vehicle coverage.

. . . 

2.  Except as otherwise provided in subsection 5, insurance companies transacting motor vehicle insurance in this State must offer, on a form approved by the Commissioner, uninsured and underinsured vehicle coverage in an amount equal to the limits of coverage for bodily injury sold to an insured under a policy of insurance covering the use of a passenger car. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage. Uninsured and underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of the insured’s own coverage any amount of damages for bodily injury from the insured’s insurer which the insured is legally entitled to recover from the owner or operator of the other vehicle to the extent that those damages exceed the limits of the coverage for bodily injury carried by that owner or operator. If an insured suffers actual damages subject to the limitation of liability provided pursuant to NRS 41.035, underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of the insured’s own coverage any amount of damages for bodily injury from the insured’s insurer for the actual damages suffered by the insured that exceed that limitation of liability.

3.  An insurance company transacting motor vehicle insurance in this State must offer an insured under a policy covering the use of a passenger car, the option of purchasing coverage in an amount of at least $1,000 for the payment of reasonable and necessary medical expenses resulting from a crash. The offer must be made on a form approved by the Commissioner. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage.

       . . . 

This law forces auto insurer companies to give their insured’s notice, on an approved form, that they can purchase medical payments coverage and underinsured motorist coverage. It is important to note that insurance companies are required to offer you $1000.00 in medical payments coverage, but you can purchase much higher limits than that to cover your medical bills.  At the personal injury Law Offices of TheOneLawyer.com, we urge our clients to purchase a minimum of $5,000.00 in medical payments coverage to protect them and pay co-pays and out of network bills.  If you do not have health insurance, you should purchase much higher limits. 

The law requires that the insurance company offer UIM/UM coverage to an insured person in the amount equal to the limits of their liability bodily injury coverage.  This means that if you purchase liability limits in the amount of 100/300, the insurance company must offer you UIM/UM coverage in the amount of 100/300.  The insurance company has the legal duty to prove that they made this offer at the time insurance was purchased and to keep in their possession the applicable forms. The insurance company is also required to use language “understandable to the layman” in these forms meaning that the forms used cannot contain technical terminology that may be difficult to interpret. 

Most insurance companies in Nevada use the same form because the form needs to be approved by the Nevada Department of insurance.  After the policy is purchased, although the insurance company is not required to re-offer the coverage at the time of renewal, “Each renewal must include a copy of the form offering these coverages.”.   At the personal injury accident law offices of TheOneLawyer.com, we urge you to review your insurance policies yearly.  It is important to review your insurance policies regularly to make sure that the coverage that you have is the best needed for your family and needs can change from year to year. If you have any questions regarding any insurance policies or coverages, please feel free to call the personal injury Offices of TheOneLawyer.com. We have been practicing personal injury law and have worked directly for a major insurance company in the past.  Call the personal injury Offices of TheOneLawyer.com to answer any questions that you have regarding your auto insurance policies and coverages.

If you have a question regarding UIM/UM coverage and/or any questions regarding any personal injury, whether from a car accident or a slip and fall or any combination of injuries, please do not hesitate to call TheOneLawyer.com. At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Recent Changes to Nevada Pet Law

Recently, people have taken to the streets to protest in Nevada to ask for changes to Nevada law concerning animal cruelty.  Last September protesters gathered to lobby for stricter penalties for the miss treatment of animals in our state. As a result, a new ordinance past Las Vegas states that a person convicted of harming killing or abusing a pet will be barred from owning another pet for two up to five years. City officials recently broadened penalties for animal cruelty in our state. Under a recent ordinance past which was spearheaded by Las Vegas councilman Stavros Anthony, it is now illegal to tie your tether a pet outside for more than 10 hours during a 24 hour. Furthermore, they cannot be tethered outside at all if the National Weather Service has issued a heat advisory. It is sad that this commonsense principle must be passed into law based upon recent horrible events concerning animal cruelty in our state.

In addition, under the ordinance, when temperatures reach 105° pet owners are required to have some type of cooling mechanism such as a misting system or portable air conditioners if their pet is outside. Commonsense says you would keep your pet inside during such extreme temperatures.  The new ordinances which disallow tethering your pet which means tying them up outside bring the law in the City of Las Vegas against animal cruelty into alignment with other states. Under these city provisions the duration allowed to tether a pet in the city is strict then the states 14-hour limit.  This means that in the city you are not permitted to tether your dog for more than 10 hours and in the state, you are not allowed to other dogs more than 14 hours.  Specifically, the city ordinance states as follows:

1.2 Dog restraints and enclosures

With regard to dogs, it is a crime in Nevada to restrain a dog for more than fourteen (10) hours during a twenty-four (24) hour period. (In Las Vegas, the limit is 10 hours in a 24-hour period.) It is also illegal to restrain a dog by either:

using a prong, pinch, or choke collar or similar restraint, or

using a tether, chain, tie, trolley or pulley system, or other device that:

is less than twelve (12) feet in length, or

fails to allow the dog to move at least twelve (12) feet or,

allows the dog to reach a fence or other object that may cause the dog to become injured, entangled, or to die by strangulation after jumping the fence or object

Animal advocates praise these new ordinances which will protect Nevada pets from the extreme temperatures of the summer.  These new ordinances come at the advocation by Councilman Anthony as a result of recent animal cruelty events which would shock most of our collection collective conscience.  These new regulations made by the city of Las Vegas mirror the changes made by the city of North Las Vegas in December after the very sad story of Lily the laboratory retriever.

In August 2020 retriever Lily died after being tethered it outside in the heat in North Las Vegas. The owner Arnold Galanto, 42, was formally charged in January in North Las Vegas Municipal Court. The charges came about a month after the city in December changed the ordinances to allow harsher penalties for such blatant animal abuse.  Galanto was charged with illegally tethering his brown Labrador retriever mix outside his home for two days on August 19 and 20th.  A very sad video came forward showing Lily lying partly in the sun with her mouth open. You could see that it was just torturing the poor animal. Sadly, Lily passed away from heat exposure.  The ordinance passed by the city of North Las Vegas in December reduce the time that a dog could be tethered outside during the 24-hour period from 14 hours to 10 hours.  Animal rights advocates pushed for felony charges to be filed in such a situation.  However, the new ordinance makes it a misdemeanor in such situations.

The new ordinance passed in the city of Las Vegas not only prevents a pet owner from owning an animal for two to five years following a conviction, and it also bars a convicted person from living in the same household as a pet or working at a place where they have access to animals such as a shelter. Animal cruelty and torture in Nevada is a misdemeanor crime in Las Vegas punishable by $1000 fine and up to six months.   However, it is a felony to harm or maliciously torture or kill a pet.  The city attorney prosecutes misdemeanor cases while the more egregious cases are turned over to the district attorney’s office.  Penalties can be severe, especially after the first offense:

1.3. Penalties

The punishment for unjustifiably maiming, mutilating, or killing any cat or any dog or any animal kept for companionship or pleasure (whether belonging to the defendant or not) depends on the defendant’s state of mind:

  • If the act is committed in order to threaten, intimidate, or terrorize another person, it is a category C felony in Nevada carrying one to five (1 – 5) years in prison and up to $10,000 in fines.
  • If the act is committed willfully and maliciously, it is a category D felony carrying one to four (1 – 4) years in prison and up to $5,000 in fines.

Otherwise, the punishment for a first-time offense is a misdemeanor, and the penalties get harsher with each successive offense within a seven (7)-year period. And depending on the circumstances the defendant may be ordered to surrender ownership or possession of the allegedly mistreated animal:

A first offense of animal cruelty within the preceding seven (7) years is prosecuted as a misdemeanor in Nevada carrying:

  • two (2) days to six (6) months in Clark County Detention Center (or another county jail), and
  • 48 to 120 hours of community service, and
  • $200 to $1,000 in fines, and
  • restitution for all costs associated with the care and impoundment of any mistreated animal including money expended for veterinary treatment, feed, and housing

A second offense of animal cruelty within a seven (7)-year period is also a misdemeanor in Nevada. The sentence is increased to:

  • Ten (10) days to six (6) months in Clark County Detention Center (or another county jail), and
  • 100 hours to 200 hours of community service, and
  • $500 to $1,000 in fines, and
  • restitution for all expenses for the care and impoundment of the mistreated animal such veterinary services, food, and shelter

Finally, a third or subsequent offense of animal cruelty within a seven (7) year span is prosecuted as a category C felony in Nevada. The punishment includes:

  • one to five (1 – 5) years in prison, and
  • maybe up to $10,000 in fines, and
  • restitution for the expense of treating, feeding, and housing the mistreated animal.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area.  We are pet owners and active in charitable pet organizations.  We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

an Your Employer Require you to get a Covid -19 Vaccine?

As many of us are heading back to the office and we wind down from this historic pandemic, a lot of companies are requiring their employees to become vaccinated in order to come back to work. The short answer to this question is, yes, companies can legally require their employees to become vaccinated in order go back to the workplace. Recent guidance from the U.S. Equal Employment Opportunity Commission which is the federal agency that oversees workplace compliance establishes this requirement. www.eeoc.gov/coronavirus. Employers can, in fact, require employees to get a Covid-19 vaccine and prevent them from coming to the workplace if they refuse to be vaccinated, the federal government said in guidelines issued recently.

Public health experts believe employers will play a significant role in vaccinating enough people to reach” herd immunity” and help end a pandemic that has tragically killed more than 500,000 Americans. Widespread covid vaccinations will prevent people from dying and restart an economy that has taken the jobs of many Americans in the past year.  Employers had been waiting for guidance from the U.S. Equal Employment Opportunity Commission, the agency that also enforces laws against workplace discrimination, because requiring employees be tested for the coronavirus touches on thorny medical and privacy issues covered by the Americans with Disabilities Act of 1990.

Just like companies can require employees to get drug tested, federal laws do not prevent companies from requiring employees to provide proof of vaccinations.   It should be noted that companies are required to keep this information confidential.  However, just like requiring vaccines for children to go to school, there is an exception to this requirement. If an employee has sincerely held religious beliefs or a disability that prevents them from becoming vaccinated, they may be entitled to special accommodation under the Americans with Disabilities Act. These accommodations could include requiring the employees to wear facemasks while at work, social distance from others, and get frequent COVID-19 tests or the company can allow the employee to work remotely.  

Government entities such as schools in the military can require vaccination for entry. This practice follows the Supreme Court case of Johnson vs Massachusetts  197 U.S. 11, 25 S. Ct. 358 (1905) that allowed the states to require people to be vaccinated against smallpox. The decision paved the way for public schools to require vaccinations from students. In that case, Justice John Marshall Harlan delivered the decision for a 7–2 majority that the Massachusetts law did not violate the Fourteenth Amendment. The Court stated that “in every well-ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand” and that “real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own [liberty], whether in respect of his person or his property, regardless of the injury that may be done to others.” 

The Court went on to hold that “mandatory vaccinations are neither arbitrary nor oppressive so long as they do not “go so far beyond what was reasonably required for the safety of the public.”  Massachusetts was one of eleven states that required smallpox vaccines for all of its residents at the time.  The Court found that smallpox was “prevalent and increasing in Cambridge” at the time and the regulation in question was “necessary in order to protect the public health and secure the public safety” Jacobson argued that he had a bad reaction to vaccines in his home country of Sweden and that he should be medically exempted from being vaccinated.  The state refused his request and fined him five dollars which is the equivalent of $150.00 today.  Jacobsen had offered proof that there was disagreement in the medical community as to whether the smallpox vaccine would actually spread of the disease.   However, the Court found that it was left to the legislature, not the courts, to determine which of the “two modes was likely to be the most effective for the protection of the public against disease.”

I have been asked if the HIPPA statute which is the Health Insurance Portability and Accountability Act has protections for patients to keep their vaccination records and health information confidential. It is important to note that that act applies to healthcare providers and not employers.

Despite re-openings and push to get America vaccinated, some employers are still reluctant to require vaccinations. A recent survey conducted by the Rockefeller foundation and Arizona State University of more than 1,300 medium and large companies in the United States and the United Kingdom found that more than half said they would require employees to show proof of vaccination. The survey showed that nine out of ten said they plan to encourage or require their employees to become vaccinated.  Not all companies are requiring their employee’s to be vaccinated.

Some companies are providing incentives for their employees to get vaccinated. For example, Target is providing up to four hours of paid leave time for all of their employees to get vaccinated and covering their transportation costs to and from their appointments. The supermarket giant Kroger is giving each employee $100 if they provide proof of vaccination. Some employers, however, are not quite as bold. For example, Delta Airlines is not requiring vaccination of its current employees only for new hires. Likewise United Airlines said it will require newly hired employees to provide proof of vaccination and is providing three days of vacation time to all flight attendants who receive at least one dose of the vaccine. But they are not requiring current employees to become vaccinated.

The issue of vaccines raises political debate in this country and there are many people who are vehemently opposed to vaccines and likewise many people are just as strongly in favor of vaccines.  The use of vaccines should not be a political issue.   It is an issue of public health and that is how the law addresses this matter. Laws governing vaccines are part of the public emergency doctrines and put in place to protect citizens from the wide spread of disease. Many of our grandparents and great grandparents lived through the polio epidemic as well as the Spanish flu epidemic. This is the first pandemic of most of our lifetimes, and if nothing else has shown how life can change so rapidly from disease and pathogen ‘s that we can’t even see. It is my hope and goal that we will all do our best to keep each other safe whether from vaccine or social distance or wearing a face mask, it is all of our duty to protect our neighbors and do the best that we can to stay healthy and keep our friends and family safe.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

What if I am Injured in Multiple Accidents?

What Do I do if I am involved in Multiple injury accidents? 

  1. Seek medical care for the second accident immediately following the accident; 
  2. Explain in detail any new symptoms you are having;
  3. Make notes of the difference in your condition after the second accident;
  4. Make an appointment with the same doctor so she can document your new injuries or a worsening of your previous injuries;
  5. Be candid with all your doctors about both of your injury accidents.

If you are injured in two different accidents close together, you can recover for both injuries from both accidents. You will need to immediately inform your car accident lawyer about the second accident. It’s not an unusual scenario. According to Mike Morse, if you are injured in an auto accident and two months later is injured in a second car accident involving different defendants, insurance companies for the adverse driver’s  will want to point the finger at the injuries coming from the other  accident.  The case is now more complicated due to the multiple injuries. The question becomes, how will the insurance companies to handle the apportionment of the injuries when there were two accidents causing the same or similar injury? Will I Have to go to Court For a Car Accident Claim? It is important to contact an attorney after any injury accident. At TheOneLawyer.com Henderson Injury attorneys, we will make sure your rights are protected.  With nearly ten years of experience representing the insurance companies, Henderson Injury Accident attorney Laura Payne-Hunt, Esq. has the experience you need to battle the insurance company.  The law is well settled regarding burden of proof regarding the injured plaintiff who is involved in multiple car accidents.  The Nevada Supreme Court ruled on the issue of multiple injuries from multiple car accidents.  

The Nevada Supreme Court ruled on the issue of injuries from multiple accidents in the case of Kleitz v. Raskin, 738 P.2d 508 (1987). In the Kleitz decision, appellant Kleitz was injured in an automobile accident on December 23, 1981. His treating doctor examined Kleitz and found that he was suffering from a loss of lumbar curve due to muscle spasms.  The doctor saw Kleitz on January 25, 1982 and believed that Kleitz should be hospitalized.  Hi doctor was of the opinion that Kleitz may have suffered a herniated disc from the December 23, 1981, accident.

               Unfortunately, while Kleitz was driving to the hospital on January 25th, Kleitz after his doctor’s appointment, was involved in a second automobile accident which caused injury. The driver of the adverse vehicle in the second accident was respondent, Ellen Raskin. In 1985, Kleitz brought suit against the persons involved in both the first accident and the second accident. Kleitz settled with the first accident defendants but reserved his rights against Raskin. Raskin then moved for summary judgment alleging that the second accident did not cause additional injury to Kleitz. Summary judgment is when a party asks a court to make a finding as a matter of law, rather than allowing a jury to decide the facts.  Raskin used the doctor’s testimony who stated that he had examined Kleitz before and after the second accident and found that his condition was unchanged in support of the  motion for summary judgment .  Kleitz moved for partial summary judgment on a legal issue asking the trial court if two unrelated  at fault drivers in two separate automobile accidents produce an injury to the plaintiff which cannot be apportioned between the two impacts, are both jointly and severally liable to the plaintiff?

The trial court granted Raskin’s motion for summary judgment finding that “Inasmuch as plaintiff cannot apportion damages as between tortfeasors, the jury would have nothing upon which to base a reasoned opinion as to damages to be awarded in the event liability was established.”  On appeal, the Nevada Supreme Court concluded that under the facts presented, the plaintiff must prove that the second accident defendant’s actions were the cause of the injury. Once this is shown by the Plaintiff, the burden of proof then shifts to the defendant to apportion damages. If the defendant fails to meet his burden, then he is jointly and severally liable for the entire amount of the plaintiff’s damages attributable to the injury.

In reaching this decision, the Nevada Supreme Court relied upon the Washington Supreme Court case of Phennah v. Whalen, 621 P. 2d 1304 (1980). In Phennah, the plaintiff was injured in two separate automobile accidents that took place about four months apart. Trial testimony of the doctors clearly established that both accidents caused the plaintiff’s injury, but there was no basis for apportioning damages between the accidents. The issue before the court in Phennah was whether the plaintiff was required to offer an evidentiary basis for the segregation of damages among multiple defendants. The Wisconsin Supreme Court made the following ruling:

“Once a plaintiff has proved that each successive negligent defendant has caused some damage, the burden of proving allocation of those damages among themselves is upon the defendants; if the jury finds that the harm is indivisible, than the defendants are jointly and severally liable for the entire harm. Id. 1310.”

The Nevada Supreme Court agreed with the findings and result in the Phennah decision and noted that a similar legal principle is also found in section 433B(2) of the Restatement of Torts, which explains that the rational for placing upon the defendant the burden of apportioning damages as follows:

“As between the proved tortfeasors who has clearly caused some harm, and the entirely innocent plaintiff, any hardship due to lack of evidence as to the extent of the harm caused, should fall upon the former.” Restatement (Second) of Torts, Section 433B Comment D (1965).

As stated in both the Restatement and the Phennah decision, the plaintiff must first establish that both the defendant’s actions were the cause of his/her injuries and then the burden shifts to the defendant to apportion damages.  The Nevada Supreme Court reversed summary judgment but stated that Raskin may renew his motion for summary judgment at which time Kleitz must demonstrate a genuine issue of material fact concerning whether the second accident contributed to his injury.  A review of this case las shows why it is important for your doctors to state that you have injuries from both accidents.  Staying with the same doctors for both accidents will help your case.  

The best way to protect your claim if you are involved in two injury accidents of any kind is to be candid and honest with your attorney and your doctors about these conditions at your first consultation. Henderson Auto Accident Injury attorneys at the Law Offices of Laura Payne Hunt, have handled hundreds of cases involving victims of multiple car accidents. Your truthfulness about your medical conditions and injuries will allow your doctors to understand your new injuries.  It is important to be open about your past medical history.  This honesty will put you in the best position possible for a maximum recovery in your case. Insurance companies and defense attorneys will have access to past accident history whether or not you are candid.  It can damage your case if they find it be other means.  That is why it is important to remember all of your past injuries when discussing your case with your attorney and your doctor and let your attorney and doctors know about these issues. If you are not honest in disclosing these conditions in the beginning, you are setting yourself up for many different problems including harming your credibility, ruining your entire case, and even subjecting yourself to legal action.

If you have a question about a prior accident or multiple injuries, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our Henderson and Las Vegas Accident injury offices today.  At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

          At the Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC we are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury Henderson offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

THREE THINGS TO KNOW ABOUT YOUR AUTO INSURANCE CONTRACT

  1. Your insurance company has a duty to pay up to your purchase limits to settle any   claim against you if they can;
  1. Even when your insurance policy does not have enough coverage to cover the damages, the insurance company still has a duty to defend you against any claim or lawsuit;
  1. You have a duty to cooperate with your insurance company under the terms of the policy in order to be covered.

This may sound like complex lawyer mumbo-jumbo. As a former insurance defense attorney, I represented the insurance companies against personal injury claims for many years. Insurance policies are required by law provide different coverages and different benefits under the terms and conditions of the contract. As suggested by San Angelo Insurance most people think of insurance as just something they buy because they must in order to drive a car. But insurance policies are somewhat complex and provide different benefits. They contain different responsibilities for the insured drivers themselves. In this blog I will break down the duty of an insurance company to pay on your behalf if you are at fault as well as the duty of an insurance company to defend you against damages and liability following an accident that could potentially be your fault. 

Every insurance policy contains different provisions. One major provision is the duty to pay on your behalf up to your state of limits. This is what most people think about when they think about their insurance. When you are at fault for an accident you have purchased insurance policy up to a certain limit. The state minimum limit in Nevada is $25,000 per person and $50,000 per accident. Many drivers are driving around with this level of coverage. This is a very low insurance policy to cover personal injury accidents and $25,000 per person does not go very far in the event of a major automobile collision. Opting for a car insurance can really be a huge life-saver in times of unforeseen accidents that can jeopardize your finances. If you haven’t gotten one yet due to skepticism before, you can quickly find out the cost of your vehicle insurance through the use of sites like https://forbrukerguiden.no/bilforsikring-kalkulator/

When people are taken to the hospital because of an auto accident and sustain person injuries, the bills can quickly exceed these limits.  Ambulances bills and hospital bill can be very expensive. If you are driving around with the minimum coverage and find yourself at fault for a severe accident-causing personal injury, your limits may not be enough to cover the damages. As explained by San Angelo Pronto Insurance, your insurance company may send you a letter that states something like “Your automobile insurance policy limits may not be enough to cover the injuries and damages involved in your recent accident.”

Often this is a form letter that is sent out without careful review of the claim.  If the injured party has already made a demand to settle their personal injury claim for inside of your policy limits, this letter should not be sent. The insurance company has a duty to try to settle every claim against you for your stated limits. If they choose not to settle the claim when an offer is made by the other side for your policy limits, they will be responsible for any judgment above your policy limits. However, if no demand is made and the other side will not settle for your policy limits, your insurance company will continue to defend you.  And they will what is called in the law, indemnify you up to your policy limits. That means basically pay on your behalf a judgement up to your policy limits. That is why it is extremely important to maintain coverage that will protect you and your family. 

The Duty to Defend 

Separate and apart from the duty to indemnify in each insurance policy is the duty to defend. That is a duty that the insurance company maintains throughout the claims process even if they have paid your policy limits. Generally, they will not pay your policy limits without a release and they will continue to defend you. However, even if your policy limits are paid to the other side, if they refuse to execute a release and attempt to get a judgment personally against you for the excess damages your insurance company has a duty to continue to defend you against any claim or lawsuit to try to keep the damages as low as possible. That is part of their contract. 

Your Duty to Cooperate 

Is extremely important that you report any accident to your own insurance company right away. You have a duty to cooperate with your own insurance company during the investigation process so that they can obtain any information necessary in the event that they must step in to defend you for any reason. A lot of people think it was not my fault I am not calling my insurance company. In the state of Nevada, as we have discussed in prior blogs on TheOneLawyer.com talking about personal injury auto accidents, they cannot raise your rates when you are not at fault. That is codified by state law. When you are in an accident, regardless of whether people have sustained personal injuries because of the accident, it is important that you report the accident to your own insurance company.  This allows them to investigate so they are ready in the event that a claim pops up, they have gathered information to defend you. If you do not cooperate with your insurance company, there is a possibility they may not cover you for your breach of contract when you have failed to report information to them. This is perplexing to many of our clients as they do not like to involve their own insurance company. We advise them that by law their rates cannot be raise and as their attorney we will make sure that the insurance company follows the law. At the law Offices of TheOnelawyer.com we have many years of experience representing insurance companies and handling contractual claims under automobile casualty policies. If you have been involved in a personal injury accident, call our office today as we will make sure you are protected and that you receive the compensation that you deserve for your personal injuries resulting from an automobile accident.

By contacting a lawyer immediately, you can receive the most money for your injury claim. At TheOneLawyer.com we will quickly obtain the report for you.   Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim and maximize the money you receive in your pocket after your bills and fees are paid.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WHAT IS AN UMBRELLA POLICY

THREE REASONS YOU NEED TO HAVE AN UMBRELLA POLICY

  1. If you own your home or properties outright with no mortgage, they are assets for a 

 judgment against you that an Umbrella policy would protect;

  1. The cost of umbrella coverage is usually quite reasonable for the level of protection;
  1. An umbrella policy covers not only you, but your family members or residents of your household against excess liability on your auto’s homes and boats collectively;

What is an umbrella policy?

You have probably heard the term umbrella coverage but may not know exactly what that means. An umbrella policy as it is usually referred to in the industry is a type of personal liability insurance policy that will cover you and your family for claims that are over and above or in excess of your regular homeowners, auto, or boat policy insurance. Umbrella insurance covers not only the policyholder but members of your family and household as well. Umbrella policies cover injuries to others and/or damages to their personal property. It generally does not protect your own personal property but rather covers you against liability. There are some umbrella policies that do have Uninsured motorist coverage and if you can find that type of policy, that is the best type of policy to get. 

Umbrella insurance is generally quite reasonable and if you own your home out right without a mortgage or have substantial personal assets that could be executed against (for example you do not have mortgages on your homes, loans on your vehicles, large savings or business property) it may well be worth the cost to protect you and your family. 

How an Umbrella policy protects you

The best way to really explain how an umbrella policy can protect you and your family is through the use of examples. Basically, an umbrella policy is excess coverage meaning additional money that can be paid to someone you injure in the event that your underlying insurance policies do not have enough coverage. This is an area that people rarely think about when buying insurance. People purchase their insurance and they generally do not think of the worst-case scenario. As attorneys, that is what we do. Having worked for a major insurance company for many years, I have seen many situations where people have been in the position that they do not have enough insurance coverage to cover the liabilities that they have incurred. Often this happens when you have teenage children. The best way to convey the need for an umbrella policy is through the following examples:

  1. Your teenager goes out and gets into an accident or someone is seriously injured causing them to suffer an amputation. Your policy is a 100/ 300 policy which means $100,000 per person and $300,000 per accident which is generally acceptable and considered to be enough coverage for most situations. As you know, $100,000 would not be near enough coverage to cover someone who loses a limb in an accident. Although your insurance company will continue to defend you because the duty to defend is separate from the duty to pay, ultimately a judgment against you could be rendered for over $100,000 and he would be personally liable for that judgment. The injured party could execute the judgment on your home, bank accounts, and  on even your income.
  1. Picture another situation where you send sandwiches to your child’s school in a good faith effort to provide a snack for the kids. Unfortunately, one of those children suffers a severe anaphylaxis reaction and requires hospitalization. Suddenly the $100,000 that you have in liability coverage on your homeowner’s insurance policy does not cover the child’s extensive hospital stay. Your umbrella policy would cover those damages. 

I could go on and on and list different scenarios that I have personally observed over the years where the underlying policies are not near enough to cover the damages inflicted. These are always accidents and never intentional. 

Who is covered by the policy? 

As you can see from these examples referenced, an umbrella policy covers not only you, the policyholder, but everyone in your household. This can be extremely important for families with teenage drivers. We pray that our kids will be careful and most of the time they are. However, sometimes their inexperience lends itself to accidents that cause extensive damage. Not only teenage drivers can cause liability but having lots of kids at your house playing in the pool or running around can lend itself to kids getting hurt and incurring hospital bills over and above your regular coverages. Having this additional coverage for unforeseen accidents that can occur with your family members can protect your family from catastrophic liability and your assets. An umbrella policy can also cover many tragic situations that unintentionally happen in everyday life from various accidents.

Deciding whether you need an umbrella policy.

When buying insurance, especially when bundling your home and auto, you should always ask the agent about the cost of an umbrella policy. It is a decision that can only be made once you know what your options are in buying insurance. Sometimes the agent will try to advise you against an umbrella policy and state that it will make the “lawsuit happy lawyers” just sue you. I can tell you as an auto and injury attorney and a long-time insurance defense attorney, I have seen many cases where the injuries are not driven by a “lawsuit happy attorney” but by a serious accident. Unfortunately, death, loss of limb and catastrophic injury are not as uncommon as you would think from auto and pool accidents primarily. Sadly, people die every day in these types of situations and the damages are not driven by “lawsuit happy attorneys” but experienced auto injury attorneys like my firm and by the tragedy of the losses themselves.  

The question is how likely you are to find yourself in the situation? Thankfully, the odds are small and that is why the cost of umbrella policies are not usually that high. It is basically like gambling.  You put your money on the table and hope that you will not need the coverage but in the event that you do it will save you from potential bankruptcy and can  save your family’s economic stability  and most likely your retirement.

The costs of umbrella policies

The cost of an umbrella liability insurance policy is contingent upon the coverage you purchase, the state you live, and your level of risk based on your claims history. The more homes or cars and household members on your policy the more expensive it will be. But as far as insurance goes, the cost of an umbrella insurance policy is quite reasonable compared to other types of insurance, especially considering the level of coverage they provide. Most umbrella insurance policies provide at least $1 million and generally cost about 150 to 350 per year. You can expect to pay about another $75 per year for a $2 million policy. You can see that no other type of insurance that provides this level of coverage at anywhere near this cost. That is because the odds that the insurance company will have to pay out on any one given policy are slim and insurance policies are underwritten based upon the odds of liability.  That is why they are cost-effective and a reasonable way to protect your family from the unexpected. The cost of these policies is born between many homeowners and auto insurance policy holders so the company can spread out their risk.

Requirements to be eligible for an umbrella policy

In order to obtain an umbrella insurance policy, you must have your home and auto with one carrier. In addition, you must carry a certain level of coverage. You cannot maintain the state minimum policy of 25,000 per person and $50,000 per accident and purchase an umbrella policy. Most major carriers require at least a 100 per thousand dollar per person and $300,000 per accident and some carriers require much higher than that to purchase an umbrella policy. What that means to you is that your auto insurance rates may be slightly higher in order to be able to purchase an umbrella policy depending on the level of coverage you currently hold.

When to purchase umbrella policy

If you have paid off your home, an umbrella policy is something you may definitely want to consider. It is a very simple process, and you will need to call your agent.  You may be able to purchase this online but we highly recommend that you contact the agent to make sure that everything in your file is correct. Sometimes in the electronic world  information does not get transferred and it may show in your file that you do not have a pool when you actually do have a pool. When purchasing this level of coverage, it  is wise to discuss the purchase with the agent on the phone or in person and go through your home and auto coverages at the same time.  

Meaning, you want to  make sure everything for your home is insured properly –if you have a dog, that it is covered — if you have a pool,  that it is covered.  This is important because if it is not listed in your policy correctly and you have a claim because of a pool, or a dog  they can deny your claim because they never input the information correctly and then that’s a whole new lawsuit. If you have any questions or would like any additional information regarding the purchase of a personal liability umbrella policy, please do not hesitate to call us at TheOnelawyer.com, at any time. We are always here to talk about your casualty liability insurance needs to make sure your family is protected in the event of an accident.

By contacting a lawyer immediately, you can receive the most money for your injury claim. At TheOneLawyer.com we will quickly obtain the report for you.   Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim and maximize the money you receive in your pocket after your bills and fees are paid.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

HOW MUCH RENTAL COVERAGE YOU SHOULD HAVE?

FIVE REASONS YOU NEED TO HAVE RENTAL COVERAGE AND THE RIGHT COVERAGE

  1. Even if the accident was not your fault, the other driver’s insurance company will investigate the accident before authorizing a rental car which could take days or weeks;
  1. If you are at fault for the accident your insurance company will pay for a rental while    car is being repaired;
  1. The insurance company will usually put you in a midsize car which most of us would  

 consider a small car;

  1. If you need a larger vehicle as a rental, you need to upgrade your rental coverage which is generally very inexpensive, and most people do not know about it;
  1. Less Time and less stress. If your car is wrecked and you have rental coverage, your own insurance company will immediately put you in a rental car without waiting or paying out of pocket.

After a car accident, dealing with the stress of repairs injuries and continued life is the best reason to hire an attorney to relieve those stresses.  At TheOneLawyer.com, we are experienced auto accident injury lawyers who can help you immediately.  Unfortunately, one thing an attorney cannot always do immediately is put you into a rental car if you do not have rental car coverage on your policy.  We can get you reimbursed later.  Even if you are not at fault for the accident, the at fault driver ‘s insurance company will not authorize a rental car immediately.  Although our experience will make sure you are reimbursed if the accident is your fault, this can create a headache you just do not need.  The adverse insurance company will investigate the accident and determine who was at fault.   This can often take several days or even up to 30 days. If you do not have rental car coverage on your policy, you could have to scramble to find a vehicle and pay this out of pocket until you are reimbursed. If the accident is determined to be not your fault the adverse insurance company will reimburse you for the expense.  

However, they will likely argue the amount that you paid or not pay promptly. For this reason, we urge our readers to put rental car coverage on your own automobile insurance policy. If you add rental coverage on your policy, your insurance company will put you into a rental and authorize repairs on your vehicle immediately. That is because an auto insurance policy is a contract between you and your insurance company. That means when you pay for your policy of insurance you buy certain coverages. When you purchase those coverages your own insurance company is obligated to comply with the contract and provide rental car coverage if you have rental and collision to repair your vehicle.  As a note, you generally cannot get rental coverage if you do not have collision coverage. This means that your insurance company will put you into a rental car while your insurance company or the other driver’s insurance company is paying to repair the vehicle.

Most clients come to us with the misconception that everything will be handled immediately if it is not their fault, and everyone will also know immediately that is not their fault. Unfortunately, this is far from the case. Even rear end accidents where fault appears clear, there is usually delays with the other insurance company verifying the facts of the accident, obtaining a police report, speaking to their own insured, and verifying the facts before they will issue payments. That is why maintaining your own coverages to protect you and your family is critically important. 

Rental reimbursement coverage usually referred to as “rental coverage, pays for various transportation expenses, including a rental car or public transportation fees, while your vehicle is being repaired after a covered insurance claim. Rental coverage does not apply if your vehicle needs maintenance work or if you need to rent a car on vacation.

Rental reimbursement coverage may be called “rental car coverage” or “transportation expense coverage.” It is almost always an optional coverage on an auto insurance policy which means you need to add it to your policy and pay an extra premium for the coverage.  However, the average cost is usually less than the cost of one day of rental.  Having worked with thousands of accident victims on the personal injury cases in Las Vegas and Henderson, most people need transportation immediately to prevent additional disruption of their daily lives.  If you are reading this, I urge you to check your declarations page which is the first page of your policy and make sure you have rental coverage.  

THERE ARE DIFFERENT LEVELS OF RENTAL COVERAGE

This series of blogs has focused on different types of coverages and the amounts that you likely need. Rental car coverage is usually a rather inexpensive coverage to purchase. What most people do not know is that there’s often levels of rental car coverage which usually only very a few dollars in cost on your premium. Some people do not care what type of vehicle they are placed in while their vehicles are being repaired and if that is you, then obtain the lowest cost rental coverage. We have had clients who drive large vehicles and need them for their families, or their work and they are upset or even often extremely inconvenienced if they are placed in a small vehicle under their policy. If you are one of those people, it would be wise to purchase an upgraded rental policy that will allow rental coverage usually up to $50 a day instead of $30 a day. If you look on any of the travel sites, you will see that the difference of $30 a day and $50 a day in obtaining rental car is vastly different.  It is amazing how far $20 a day will go a long way in determining what type of vehicle you would rent.  For a few dollars a year, your family could be spared the great inconvenience of stuffing your four children or mother-in-law or carpool work friends into a compact vehicle. 

By contacting a lawyer immediately, you can receive the most money for your injury claim. At TheOneLawyer.com we will quickly obtain the report for you.   Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim and maximize the money you receive in your pocket after your bills and fees are paid.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

HOW MUCH TOWING COVERAGE YOU SHOULD HAVE

THREE REASONS TO HAVE ROADSIDE ASSISTANCE INSTEAD OF TOWING

  1. Roadside assistance will include towing coverage for your vehicle for any reason whether it is an accident or a break-down;
  1. Roadside assistance coverage will provide you with help in the event you have a flat tire or mechanical defect, but towing coverage will not provide coverage for those issues;
  1. There is no need to pay for towing coverage and roadside assistance so you should pick one or the other and I recommend roadside assistance.

One coverage no one ever really thinks about until they need it is their towing coverage. There are actually different levels of towing and the cost can be quite high if your vehicle needs to be towed for a long distance. For example, most towing coverage is covering a certain number of miles usually in the city from 10 to 20 miles. If you have to have an accident out on the highway or somewhere far from a body shop, you could wind up with quite the towing bill.  You would also be at the mercy of whatever towing company was used. For example, if your insurance coverage covers the first 20 miles of towing and your vehicle winds up needing to be towed 50 miles, you could be on the hook for is much is five dollars a mile or better for those last 30 miles. Generally, towing coverage is very inexpensive and to increase it to a higher mileage of towing is usually only a couple of dollars. It is a coverage that no one thinks about and unfortunately, agents really overlook. In fact, I think very few people even have an agent anymore. Many people just go online and purchase their coverage. Insurance companies are not inclined to offer you better coverages for small amounts of money so often the most economical pops up and unless you click a drop-down button or look further, you may assume that is the only level of coverage offered. 

Where do I have towing coverage?

Road-Side Assistance

Towing your vehicle coverage can come from two different places. You can have a roadside assistance policy on your main insurance or through a separate carrier like AAA and that will cover towing. Roadside assistance policies generally have limitations on towing and a slightly higher fee associated with a better towing package. It is important to look at what you are buying and see if you would benefit from a slightly increased premium for better coverage to tow your vehicle from a long distance.

Auto Insurance Policy

Towing coverage can also be on your primary auto insurance policy. It is not necessary to have duplicate coverage. Roadside assistance policies are generally better because they will come out and change a flat tire or assist you in the event that your vehicle breaks down. You will get more bang for your buck from the roadside assistance policy then a towing policy on your primary auto policy.  Therefore, TheOneLawyer.com, we highly recommend that you have a roadside assistance policy instead of a towing policy.   Many major carriers offer their own roadside assistance, or you can purchase one separate from your auto insurance coverage through a different carrier.  

It has been our experience at the onelawyer.com and dealing with auto accident cases and injured clients that people generally do not even know what towing coverage they have. It is something they just assume is built into a policy and sadly it is not. When you are buying auto insurance or reviewing your auto insurance coverages be sure to check your towing coverage and see what coverages are on the policy.  You do not need to have two policies of roadside assistance and towing. You can put only towing on your automobile liability and comprehensive policy. However, that will only cover towing in the event of an accident and not a breakdown. Therefore, we highly recommend that you purchase roadside assistance instead of towing because it will help you in many more situations such as a breakdown, a flat tire, being locked out of your vehicle or any other mechanical breakdown issue that you may encounter.  If they cannot fix your vehicle on the site, they will tow your vehicle to the nearest body shop.

Below is a comparison of Roadside assistance policies done by motor1.com

Best Roadside Assistance ProviderAverage CostBBB RatingCoverageTowing LimitPolicy Limits
1. Progressive$16A+Towing, winching, jump-start, fuel delivery, battery change, lockout service, flat tire change, on-scene labor15 miles or nearest repair shopService limits vary by policy
2. AAA$38–$164A+Towing, flat tire change, jump-start, fuel delivery, mechanical first aid, locksmith service, identity theft protection, passport photos, trip planningThe nearest gas station, AAA-approved repair facility, or preferred mechanicLimit of 4 service calls per membership year
3. Better World Club$58-$98A+Battery jump-start, flat tire change, lockout service, fuel delivery, trip routing, discounts on hotels, rental cars, and more5 miles with the Basic Auto package, 100 miles with the Premium Auto packageLimit of 4 service calls per year
4. USAA$14A-Towing, lockout service, jump-start, flat tire change, fuel deliveryNearest repair shopPays up to $100 per occurrence
5. Geico$14A+Towing, jump-start, flat tire change, lockout serviceNearest repair shopLimit of 5 service calls per year
6. CARCHEX$60–$110A+Towing, mechanical first aid, flat tire change, emergency battery service, lockout service, fuel delivery, theft reward, trip route mapping25 milesLimit of 5 to unlimited service calls per year, depending on package
7. Allstate Motor Club$86–$144A+Towing, jump-start, fuel delivery, lockout service, flat tire change, trip planning$150–$250 benefit per tow, depending on packageLimit of 3–5 service calls per year, depending on package
8. AARP$64–$84A+Towing, flat tire change, fuel delivery, battery boost, winching, lockout service, trip routing, auto theft reward, emergency hospital bond, arrest bond certificate, legal defense reimbursement, trip interruption guarantee5 miles with the basic package, 100 miles with premium packageLimit of 3–4 service calls per year, depending on package
9. OnStar$300–$756FAutomatic crash response, automatic emergency services contact, towing, flat tire change, fuel delivery, stolen vehicle assistance, remote vehicle diagnostics, 2GB hotspot data40 miles or nearest repair shopService limits vary by customer and state
10. American ExpressFree*A+Towing, winching jump-start, fuel delivery lockout service, flat tire changeNearest repair shopOnly provides coordination and assistance with obtaining services (cost of services are the responsibility of the customer)
https://www.motor1.com/reviews/409428/best-roadside-assistance-plans/

By contacting a lawyer immediately, you can receive the most money for your injury claim. At TheOneLawyer.com we will quickly obtain the report for you.   Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim and maximize the money you receive in your pocket after your bills and fees are paid.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

HOW MUCH COLLSION INSURANCE SHOULD YOU HAVE?

TOP THREE REASONS TO HAVE ENOUGH COLLISION COVERAGE

  1. If you crash into an expensive car, you will have enough to cover the repairs;
  1. If there are multiple cars involved, you will have enough coverage for the repairs to all;
  1. If you crash into an expensive vehicle and a block wall owned by the city you will have enough to cover repairs to the vehicle and the wall

What is liability collision coverage?

Often referred to simply as liability coverage, liability collision coverage covers the damage to other vehicles or personal property that you may destroy as a result of your own negligence. Insurance that is required by law is often referred to as liability insurance. However, liability insurance generally has two parts. The first part is liability for bodily injury that you could inflict upon another driver because of your negligence. The second part of liability insurance is for property damage that you could inflict due to your own negligence. These two coverages are bundled together and referred to as liability insurance. This blog is dedicated to the property damage portion of what is generally referred to as automobile liability coverage. Every state has a different minimum amount of property damage coverage required by law. In the state of Nevada, you are required to carry $20,000 in liability coverage for property damage. In the age of the obsession with high-end vehicles, $20,000 is a staggeringly low amount of money to cover property damage in the event of a major accident. 

In the state of Nevada, if the cost to repair a vehicle exceeds 65% of its value, it is declared a total loss by state law and your automobile insurance liability carrier would be required to pay the fair market value of that vehicle. It is not difficult to see a situation where an automobile collision could result in extraordinarily high property damage — damages well over $20,000.  It is also important to point out that liability collision coverage refers to collision coverage for other vehicles or property that are damaged as a result of your own negligence and it has nothing to do with your own vehicle. If you want to cover damages to your own vehicle because of an accident that was your fault, you need to maintain collision coverage. Collision coverage will be the sole topic of future blog. Collision coverage refers to coverage that you purchase to cover your own vehicle regardless of who was at fault if the vehicle is damaged in a collision.  Collision coverage is not governed by limits. The only limit would be the full fair market value of the vehicle that is covered on the policy.

DETERMINING HOW MUCH LIABILTY COLLISION COVERAGE TO CARRY

Unfortunately, the need for how much liability collision coverage is much more complex.  Nevada law only requires that you maintain $20,000 in liability collision coverage. However, picture this scenario. You are driving to work one morning, and you receive a call from your child who has forgotten his science project.  You know that your child has worked on this project for the past three weeks and it will be 40% of their entire class grade. Although you are irritated, you want to help your child succeed and, in your haste to get home, you turn left in front of the vehicle oncoming and cause an automobile collision.  To compound the situation, the car that hit you is a brand-new high-end vehicle.  Even worse, the car spins into a traffic pole and becomes a total loss. If you are carrying minimum insurance limits, you are going to be personally liable to that driver for the damage to his vehicle. But — you think –lucky for you the high-end vehicle driver maintains her own insurance and she’s covered by her insurance company. Not so fast, it is not that easy. When the driver struck that pole, it caused damage to property which you are also liable to repair. Not surprisingly, the cost of the repairs to the pole are significant based upon the city’s pay scale.  You are also liable for that bill. There are a lot of scenarios that would exceed $20,000 in property damage resulting from an automobile collision.

In the past, most people bought their insurance from an agent and they were able to sit down with someone knowledgeable about buying insurance and purchase the right coverage for their needs. In the world we live in, people are buying insurance online, often while multitasking and even making these major purchases in the wee hours of the morning.  Although surfing Amazon in the wee hours of the morning and seeing the surprise that lands at your door two days later can be fun, (not that I have ever done that, LOL) purchasing insurance that way will not be fun following one of the scenarios previously discussed.  This is a purchase you must put some consideration into.  

Avoiding personal exposure.

The primary purpose, even the sole purpose, of maintaining automobile liability coverage is to protect you, your assets, and your family from personal liability in the event you are at fault for an automobile collision. The time to determine the amount of coverage you need is not the time that you are stepping out of your car to call 911. It is a decision that should be made with great thought and consulting with an insurance agent. I urge you to purchase your insurance from a reputable experienced casualty insurance agent so that they can discuss your family’s needs and assets to help you purchase the right coverage.   At the law offices of TheOneLawyer.com, we have over 20 years of experience in litigating automobile insurance casualty claims and are happy to answer any questions you may have regarding what type of coverage you may need. We have seen thousands of scenarios over the years and can help you determine what coverages would best protect you and your family. Please do not hesitate to call us with any questions regarding insurance coverages.  I highly recommend that you carry a minimum of $50,000.00 in liability property damage coverage and ideally you should have at least $100,000.00 in liability collision coverage. 

By contacting a lawyer immediately, you can receive the most money for your injury claim. At TheOneLawyer.com we will quickly obtain the report for you.   Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim and maximize the money you receive in your pocket after your bills and fees are paid.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.