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SAFETY TIPS FOR A SAFE AND HAPPY 4TH OF JULY

 Do you know what fireworks are legal in Clark County, NV? With quarantine  

rules slowly lifting around the country, it’s time to celebrate with family.

Check out this week’s blog to for holiday rules and safety tips. 

At The One Lawyer.com we are wishing you and your family a safe and happy Fourth of July for 2020. With quarantines  slowly lifting around the country, I hope that everyone can once again enjoy time with family and celebrate. Besides maintaining hygiene requirements such as constant handwashing and social distancing,  the following are 10 important safety tips to remember to keep everyone injury free and healthy on the Fourth of July.

  1. Check with your local authorities to be sure that the fireworks you are using and purchasing during this holiday are legal in your area. Only fireworks that are labeled “Safe and Sane” are legal in Clark County.   In Henderson as well as throughout Clark County,  fireworks that fly through the air, explode, or rotate on the ground are illegal within the county. They have been deemed to be unsafe because the firework user is not able to control where they land potentially causing a fire. Although illegal fireworks are often sold outside Clark County and on the Indian reservation within Clark County, they are still not legal to be used in the County. If you purchase fireworks on the Indian Reservation,  they are expected to be used on  the reservation in a designated area. They are not expected to be removed from the reservation. It is important to note that if illegal fireworks are brought into Clark County , they can be confiscated and the person using them can be charged with a crime and  fined  up to $1000 and/or six months in jail.  That is a substantial penalty and important to keep in mind when purchasing fireworks. In addition “safe and sane“ fireworks are illegal in Clark County only from June 28 until  11:59 on July 4th.
  1. When lighting fireworks, it is extremely important to keep safety equipment on hand including a bucket of water and a fire extinguisher. Fire extinguishers generally cost in the neighborhood of $30-$50 and are well worth the investment to keep on hand during the holiday and all year round.  Also, place all used fireworks in the water bucket to prevent accidents.  If possible, light fireworks near a hose for quick water access in case of emergency.
  1. It is extremely important to supervise children closely when using fireworks and sparklers. Never allow children to play near the location that fireworks are being set off and make sure that someone is in charge of accounting for all children at the celebration throughout the evening. Accidents happen when adults lose track of the little ones and think someone else is watching them. Make sure someone is designated to watch the children during the celebration.   This is also important for pool safety as many Fourth of July celebrations take place around pools.  It is extremely important to make sure that little ones are well supervised at all times during the celebration.
  1. Make sure you are not wearing loose clothing when using fireworks and sparklers. It is easy for clothing to catch fire.  Things like lose shirt sleeves, fringe on clothing, wide shorts, blowing skirts, and drawstrings can blow into the spark and catch fire.  Choose your celebration entire with these tips in mind. 
  1. It is also important to keep all pets away from fireworks. In fact,  best practice is to keep pets indoors. They are often spooked by the loud noise and commotion and can runoff. They can also be injured by stray fireworks or by getting into the mix to close to the fireworks. Keep our firm friends safe inside away from fireworks during the celebration. This is probably equally important for their mental health.
  1. If you light a firework and it fails to function as it is supposed to, do not re-light the firework. This can be dangerous as the firework is clearly defective and can go off in an unintended way causing injury to people and property. If a firework is defective soak it in water and throw it away.  
  1. Be sure to always light fireworks in an open area.  Never light a firework in a container especially one that is glass. This can cause an explosion and fragments to fly into observers causing severe injury to your family and friends.  
  1. Never light fireworks in forest areas or near trees.  It is important to make sure that there is a clear and open perimeter when lighting fireworks to prevent a fire.  
  1. In addition to fireworks, most people are using outdoor grills during the holiday. Make sure that your grill is cleaned periodically and that there is no grease buildup .  A grease build up can be a potential fire hazard.
  1. Some makes and models of grills will drip grease underneath.  Be sure to keep pets and small children away from the grill during the celebration.  In addition to drips, be sure someone is attending to a hot grill at all times to prevent fire or injury to your young guests.  

By following these simple safety tips and being prepared for the unexpected during the Fourth of July celebration you can protect your family and friends from potential dangerous situations. Celebrating our independence should be a joyous and safe occasion for everyone.

IF SOMEONE IS INJURED BY A FIREWORK TAKE THE FOLLOWING STEPS

Fireworks injuries can be severe and life threatening.  Seek medical attention immediately.  If your or a  loved one is injured.  There are steps that you should take and an attorney should be contacted the next day.  If injury occurs, it is important to immediately take the following steps:

  1. Take as many photos as possible of the firework, the scene, the debris, and  the injury. 
  2. Gather the names, address and phone numbers of all persons who witnessed the accident. 
  3.  Most significantly, if possible, keep all remnants of the firework that caused the injury including the packaging and the receipt if available. If not, find out where the firework was purchased and when as soon as possible.

INJURIES FROM FIREWORKS

According to the Consumer Product Safety Commission, in 2018 there were five fireworks related deaths. Those deaths were associated with reloadable aerial devices and all of those victims died from direct impact of the fireworks.  It is extremely critical that if a firework does not perform immediately as intended,  do not attempt to re-light the firework  and immediately douse the firework with water. Firework malfunction’s account for many serious injuries and even death.

In 2018 there were an estimated 9,100 injuries from fireworks that were treated in US emergency room departments. According to the Consumer Product Safety Commission,  about 36% of those victims were children under the age of 15 years old. The report found  that children 10 to 14 years of age had the highest rate of injury that required  emergency treatment.  

In addition, although sparklers are generally considered to be a harmless fun suitable for the little ones, there were an estimated 500 in the emergency room treated injuries associated with sparklers in 2018. It is very important to supervise children closely when using any type of firework and always assume that any firework cannot cause injury. 

https://www.cpsc.gov/s3fs-public/Fireworks_Report_2018.pdf

If you were a loved one has been has been injured in any type of accident, please call the offices of TheOneLawyer.com today. 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 you Should know About a Renters Insurance Policy

If you are renting a residential property to live in, you need to 

have renters insurance with liability coverage and property replacement coverage,

 not actual value coverage.  Check out this week’s blog to learn more.

Top Five Things to Know About Your Renters Insurance Policy

  1. Your Landlord Is Not Responsible To Cover Your Possessions

 In The Event Of Disaster;

  1. Renters Insurance Is Generally Very Reasonable to Buy;
  1. Renters Insurance Will Not Cover Your Home Business;
  1. Most Renters Insurance Policies Also Cover Temporary Accommodations In The Event That You Have To Move When Your Rental Property Is Damaged;
  1. Most Commercial Leases Require You To Have Renter’s Insurance.

It is extremely important to have renter’s insurance to cover your personal belongings in a home that you are living in and renting but do not own. Most people are surprised at the cost to replace all of their everyday household items in the event that disaster strikes. You accumulate many items overtime such as small appliances, pots and pans, clothing, small jewelry items, shoes, purses etc. If a fire were to strike the premises that you are renting, the landlord’s policy, with certain exceptions, would not likely cover your personal items. You could have to start over if you do not carry renter’s insurance.  

Why You Need Renter’s Insurance

As mentioned above, most of us accumulate many personal items overtime, some that are special, some that are utilitarian, and many that are necessary in our everyday lives. Rental insurance covers personal property of yours that is damaged, lost, or stolen from your rented home. It  can also cover injuries to other people that occur when they are at your rented premises. For example, let’s say that you have a party and someone is injured while there and it is determined to be your fault, whether from possibly mopping the floor or having a trip hazard on the premises. If that person sues you or brings a claim of injury against you,  your renter’s insurance policy could cover such a claim. If you do not have renters insurance, you could be personally liable to someone who is injured on your premises for something that you negligently did.

Renter’s insurance also provides reimbursement for loss and damage to possessions of yours as a result of fire or vandalism. Often times renters think that the landlord‘s insurance would cover all of their property if a fire were to occur or some other disaster. This is simply not the case.  In fact,  most leases that you will sign will specifically exclude coverage for your personal possessions. That is why renters insurance is very important when you are renting your living space. Renters insurance will help pay your costs if you suffer such a loss by reimbursing you for your lost or damaged valuables.  

However, just like homeowner’s insurance, you can buy an actual cash value policy, which we do not recommend.  Actual cash value means that if you purchased a pair of shoes for $50 and they are destroyed in a fire, you are only entitled to the actual value of those shoes which is likely what you’ve could’ve sold them for which may be as little as a dollar.  However if you purchase a policy that is called “replacement cost coverage”  for your personal possessions, you’ll be entitled to payment for whatever the cost would be to purchase those shoes at today’s value which could be higher than $50. Therefore at TheOneLawyer.com we urge you to look at your rental policy and make sure that you have replacement value. 

Sadly, an actual cash value policy has very little value if you are renting your premises and many insurance companies will pray upon renters in selling these policies knowing that the payout will be very small in the event of a significant disaster. Protect yourself and understand the language of these policies. If you are renting your premises, make sure that you have replacement value coverage.  

Do You Have to Have Renters Insurance?

Although you are not required to carry renters insurance by law like car insurance, most commercial leases require you to obtain renters insurance and provide proof of such insurance to the landlord. Even if the landlord does not require you to purchase renter’s insurance, I urge you to buy a renter’s insurance policy to protect your personal possessions. It is surprising how much we accumulate and the cost associated with replacing all of your daily utilitarian items if you had to buy everything new at one time. 

Rental policies can provide great relief in the event of a disaster.  In addition to replacing your personal items and protecting you from personal liability, most renter’s insurance policies also cover temporary accommodations in the event that you have to move when your rental property is damaged due to fire, water, or smoke and becomes uninhabitable. This can also be life-saving at times if you and your family are living in a rented premises and the premises are somehow destroyed. Your landlord would not be required to pay for you to live somewhere else while the premises were being repaired.  The cost of temporary accommodations, whether it be another rental property or a hotel, could be extremely costly as it could be a lengthy period of time before your rental is re-inhabitable. Some policies may even cover moving expenses to move any remaining property to a new rental. Discuss these issues with your agent when you are purchasing your policy

The Cost of Renters Insurance

In discussing all of these coverage options, you are probably wondering how much is all of this going to cost me?  Of course, it depends on the level of goods that you are insuring and the cost of your valuables.  However, most rental policies are in the neighborhood of $100-$250 per year on average depending on the community you live in and the amount of insurance you are covering. The national average for renters insurance is $15-$30 per month. This small investment could save you tens of thousands of dollars in the event that disaster strikes and you are forced out of your rental property and lose all of your possessions.  

Like most recommendations for purchasing insurance by TheOneLawyer.com, I highly recommend that you go with insurance company that you are familiar with. Although it may sound cliché, I usually recommend clients to go with a carrier they’ve seen commercials for on TV.   Your larger carriers are more competitive in their rates and in their policies. However, with every purchase it is imperative that you know the exclusions and the coverages that you are buying. That is why it is best to purchase from an agent where you can discuss these issues at the time of purchase instead of trying to navigate an online check the box type system.

Renter’s Insurance is not Usually Tax Deductible 

I answer this question because I have had it asked several times over the years. The short answer is no, generally speaking renter’s insurance is not tax-deductible, unless you use part of the rented space regularly and exclusively to operate a small business.  If that is the case, you may deduct a portion of your renter’s insurance on your taxes as a business expense for the limited square footage that you operate your business in on your rented premises. This would be the same on a homeowner’s policy where you can deduct part of the space as office space. Talk to your tax professional because this deduction is very limited to the percentage of square footage that you use for your business.

How Much Renters Insurance Should You Have?

Like all insurance, the amount of renter’s insurance that you should carry is contingent upon the level of value of your personal property and the area in which you live. In some areas, the cost of temporary housing can be extraordinary if you live in a high income area such as San Francisco. That is a big reason to have renter’s insurance by itself.  Also, make sure your policy is a replacement value policy and that it is high enough to cover all of your personal goods including luxury items. Many renter’s policies provide very low limits so it is important that you look at the limits of coverage that you are being offered and raise them according to the value of your personal items. 

Like a homeowner’s policy, they will assume that you have goods of everyday value and it will not cover high dollar works of art, jewelry, musical equipment, coin collections or any items or collections of high value.  Just like on a homeowner’s policy, you will need to obtain a rider on your renter’s policy to cover any high dollar goods that you have. I also highly recommend that you photograph all of your high dollar items and keep those photographs or digital records off the premises so that in the event of disaster, you have proof of loss for the insurance company.

What Does Renter’s Insurance Cover?

Renter’s insurance generally covers the same losses as a homeowner’s policy such as damage from fire and smoke. Remember that your coverage is limited to the amount you purchase and you are subject to the deductibles that you purchased. Renter’s insurance also covers you from theft whether your items are stolen from your home when it is burglarized or stolen from your car while traveling. 

Another question that arises is whether or not items in a storage unit are covered under your renter’s insurance policy. Generally speaking,  if they are stored off property they would not be covered under your renter’s policy. However, some policies may cover personal items stored offsite or you can buy additional coverage through the storage facility for those items. If you are a person who maintains a storage unit to store your personal items of any value,  you definitely need to talk to the agent when you are purchasing your renter’s insurance about whether you need a separate policy, which you likely do, for the storage unit. Many storage facilities also offer supplemental insurance for your unit and you may want to check with them as well.

Does Renter’s Insurance Cover My Car?

Although a renter’s policy will often cover belongings that are personal that are stolen from your car, it does not cover your vehicle itself. Most people understand that they need vehicle insurance to cover damage to the car.   Sometimes there is confusion is this area because items that are stolen out of the car can be covered on a renter’s policy, but damage to the car itself would be covered under the vehicle policy.

Does Renter’s Insurance Cover Me If My Dog Bites Someone?

We have often been faced with a situation where a client contacts our office and they have been bitten by a dog that is owned by someone who is renting a property.   Many renter’s insurance policies cover some breeds but do exclude certain breeds. Some will not provide any coverage for high-risk breeds. If you are renting a property you need to make sure that the coverage you are buying will cover any bites that may be inflicted by any pet  that you have. If you have a pet that is excluded by certain carriers, you will need to shop around to make sure the coverage you are purchasing covers you, your pets, and all of your valuables. You do not want to find out what type of coverage you have at the time you need to make a claim. It is also important to note that in Nevada,  the landlord is generally not liable for any injuries inflicted by your pets on another person

Does Renters Insurance Cover Me If My Home Is Flooded?

Just like homeowner’s policies, most rental insurance policies do not cover flood damage. If you live in an area that is prone to floods you need to discuss flood insurance with your agent at the time you are purchasing your rental policy. If a leak within the property causes damage to your personal items you will likely be covered. However, if floodwaters come from an outside source you will not likely be covered for your personal items if you do not purchase flood coverage separately. Many carriers offer this coverage with your renter’s policy. If you live in a flood prone area be sure to talk to the agent about adding flood damage coverage to your renter’s policy.

Where Can I Buy Renters Insurance?

Renter’s policy coverage is extremely common and  most major carriers offer rental policies. You usually can get a discount on your renter’s policy, just like a  homeowners, if you purchase your auto and renter’s policy from the same carrier. It is important to know all of your insurance needs when you go to talk to an agent. Many people buy coverage online and don’t understand all the exclusions and limitations on most standard insurance policies. At TheOneLawyer.com, I  urge you to buy your insurance from a licensed, reputable agent and discuss your needs with them to make sure you are getting the coverages that you need.

If you were a loved one has any question about insurance or has been injured in any type of accident please call the offices of TheOneLawyer.com today. 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 you Should know about Landlord Policies for Rentals

If you are renting out a residential property as a landlord, you need to 

have enough liability coverage and property replacement coverage,

 not actual value coverage.  Check out this week’s blog to learn more.

Top Five Things to Know About Landlord Policies for Rental Properties

1. Always purchase “replacement value coverage” and not “actual value” coverage.

2.  Know the Exclusions in the Policy like Flood and Earthquake;

3. Be sure to Purchase Enough Liability Insurance;

4. You need to Have a Landlord Policy If you do Live on the Property;

5. You need Coverage for Liability for Accidents on your Rented Property.

You may ask yourself what is the difference between homeowners insurance and landlord insurance. There are a lot of significant differences between the two policies that have important coverage effects and legal ramifications. Similar to a homeowner’s policy,  a landlord policy covers the building itself and any other structures on the property such as a pool house or detached garage. Generally speaking, to purchase homeowner’s insurance coverage you must live in the home. The name is misleading because just because you own the home doesn’t mean you should have a homeowner’s policy. If you are living in the home and renting out a room or part of the home you will want to discuss this situation with your agent. However, if you are planning to rent the entire property you really need to purchase landlord insurance.

 You may be asking at this point what is landlord insurance? Landlord insurance is coverage for a property owner who is renting out a property as a residential home. As the landlord, it is important for you to protect yourself from financial loss that tenants or renters may inflict on the property such as fire or other damage. You can also obtain insurance on the property to cover loss of income in the event that your rental property becomes uninhabitable for a given period of time.

Landlord Insurance Covered Items

As discussed,  landlord insurance covers damage to the actual building and some personal property for covered events such as storms, theft, or damage caused by the tenants residing in the property. Landlord insurance will cover the replacement costs (if you purchased a replacement policy and not an “actual value” policy”) of items in your rental property in the event of a total loss.   Landlord policies  also generally include liability insurance. This is coverage that will protect you against claims and lawsuits that arise from the property. This can occur if a tenant or visitor is injured on the rental premises and you find yourself being sued as a result. This can be extraordinarily important especially if the rental property has a pool and someone is injured in the pool. Your liability insurance will help cover the costs associated with injury claims that arise from accidents on property that you own.

Aside from personal injury claims, liability insurance will also cover you if a problem with the properties such as a leaking pipe or mold damage destroys a tenant’s personal property and they file a claim against you for damage to their property.  It is extremely important to have liability insurance on your rental property.  As noted earlier, liability coverage will also cover and compensate you for lost income in the event that the rental property becomes uninhabitable due to damage that is deemed to be a covered loss such as a storm or fire.  Your loss of income coverage is also often referred to as “rental reimbursement coverage” and will prevent you from losing the income you would’ve had if you were collecting rent while the property is being repaired.

Like all other policies, you can also purchase “optional coverages“ as a landlord such as natural disaster insurance, rent guarantee insurance, and landlord contents insurance to cover your personal property such as furnishings or carpet you may have left in the rental property. Talk to your agent about what specifically you would like to cover on your rental property as the landlord.

Why Is Landlord Insurance Different From  Homeowner’s Policy

“Landlord policies“ protect you from property damage to the premises as well as liability claims against you. Rental damage is damage that occurs when disaster or unexpected events caused substantial damage to the property. This coverage will cover damage by a tenant.  It covers the cost of rebuilding or repairing the property. Like a homeowner’s policy, this coverage will have limits that you should be aware of, including deductibles and limitations on covered items.   You will need to make sure you are covered at replacement and rebuild coverage. I  usually recommend making sure your policy has up to 150% coverage which is generally referred to as replacement coverage.

You may be asking yourself if you have to have landlord insurance. Unlike car insurance, landlord insurance is not required by law but you would be extraordinarily unwise to leave your valuable property vulnerable by not carrying landlord insurance on rental properties. The same hazards can occur to your rental properties from fire, vandalism, and other disasters that can cause extensive property damage to your residence.  If your property is damaged over $100,000 from a fire or storm and you do not carry this coverage,  you will simply have to pay the damage out-of-pocket or accept the loss. 

It is important to understand that rental insurance purchased by tenants does not cover the structure of your property. You need to purchase landlord insurance when you are not the resident of premises that you are leasing to someone else. Sometimes a landlord will leave a homeowners policy in place when they move out and simply continue to pay the policy when renters move in. This is an unwise decision. This could cause the carrier to deny coverage because they were not advised of the risk they are writing for and the policy could be deemed to have been fraudulently obtained. It is extremely important to be accurate and honest when applying for insurance because they can take the position that you did not advise them of the true facts and therefore were fraudulent in obtaining your policy. if you rent a premises, whether you once lived in it or not,  at the offices of TheOneLawyer.com  we would urge you to obtain a rental policy on that property.

Cost Associated With Landlord Insurance

Clearly this is difficult to answer in a vacuum because insurance rates vary considerably based on many underwriting factors. Rates can be as low as $500 per year for a small rental property or several thousand dollars a year for a large property with a swimming pool.  Often times people assume that landlord insurance will be much less than homeowners insurance because of the fact that the carrier is covering less property because personal property contents are not usually covered.  However the liability associated with rental properties is generally much higher and what you’re not paying for on personal contents you will be paying for the risks involved with renting property to persons who do not have the same respect for the premises that an owner would.  Costs vary greatly depending upon your geographic location, the size of the property, how many overall rental units you have, the age and condition of the properties you are renting, whether your properties are up to current building codes, whether you have burglar alarms, whether  the community that your property is located in is gated, whether the property has fire sprinklers installed in the units, the type and amount of coverage you are purchasing, whether the premises or complex has a swimming pool, and whether you allow people to smoke in the premises.  

One thing that is for certain, rates can vary widely from carrier to carrier so you are well advised to spend the time to compare rates for landlord insurance policies in your area. A good agent can explain the coverage options available to you and look for discounts that you may qualify for to make the coverages more affordable.  If you or a loved one has been injured on a rental property, please call the offices of TheOneLawyer.com today to discuss your injury. If you are a landlord and have questions about your policy, please feel free to call us for a free consultation with any questions you may have about coverages that may be available to you

Exclusions

This is perhaps the most important section that you should look at when you receive your Landlord policy, just like a Homeowner’s policy.  It is a good idea to discuss the exclusions with  your purchasing agent when buying your policy. All policies have different exclusions but many have standard exclusions.  You do not want to learn of the exclusions at the time you need to make a claim. For example, flood insurance is almost never covered in a standard landlord policy if the flood water comes from somewhere off of your property. If this is the case, and the property is in a flood region, you will need to look into flood insurance. In addition, most policies do not cover things like earthquakes, landslides, mold, wear and tear, bug infestations, wind or hurricane damage or construction needed to bring the property up to code.

 It is important that your review the exclusions in the policy you are leasing. If you live in an area of a country where the property may be prone to a landslide or an earthquake or a flood or any other damaging incident that is specifically excluded in the policy you will need to look into other coverage or determine if they provide that type of insurance for a different expense. 

If you were a loved one has any question about insurance or has been injured in any type of accident please call the offices of TheOneLawyer.com today. 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 you Should know about Exclusions in your Home Owners Insurance Policy

It is important to know what is not covered in standard homeowners 

 insurance policy a when you are buying your home insurance . For example most 

don’t cover floods or earthquakes.  Check out this week’s blog to learn more.

TOP FIVE MOST COMMON THINGS NOT COVERED BY YOUR HOMEOWNERS POLICY

1. Flood Damage;                         

2. Earthquake Damage;

3. Luxury Items Lost; 

4.  Home Business Items; 

5. Aggressive Dog Breeds.

Buying a home is usually one of the biggest investments of most consumer’s lives. One of the first things people generally do before they finalize the sale is to obtain homeowners insurance on the property. Many people think that having homeowner’s insurance in and of itself will protect them in all circumstances. It’s often too late when homeowner’s find out that things they thought they were covered for they are not. It is extraordinarily important to protect your family and your life’s investment of your home by knowing the exclusions that are in the policy before you need to make any claims. There are common exclusions that are generally found in most standard homeowners policies. This is perhaps the most important section that you should look at when you receive your homeowner’s policy or ask the purchasing agent about when buying your policy. All policies have different exclusions but many have standard exclusions.  You do not want to learn of the exclusions at the time you need to make a claim. For example, flood insurance is almost never covered in a standard homeowners policy if the flood water comes from somewhere off of your property. If this is the case, and you live in a flood region, you will need to look into flood insurance. In addition, most policies do not cover things like earthquakes, landslides, mold, wear and tear, bug infestations, wind or hurricane damage or construction needed to bring your home up to code. It is important that your review the exclusions in the policy you are purchasing. If you live in an area of a country where your home may be prone to a landslide or an earthquake or a flood or any other damaging incident that is specifically excluded in the policy, you will need to look into other coverage or determine if they provide that type of insurance for a different expense.   The following is a list of the ten most common exclusions in your standard homeowner’s policy.

  1. Water Damage

Water damage sustained by your home is often not covered by your standard policy of homeowners insurance. This generally includes flood damage or damage related to sewer system issues.  This is likely the trickiest area in homeowners insurance. It is standard that floodwaters that come from an outside source such as a raging river, typhoon, or excess rain water that creeps into the house are not covered by standard homeowner’s policy. If you live in a flood prone area, near large bodies of water or just in a state where flooding is common, it is extremely important that you purchase flood insurance on your property. A standard homeowner’s policy generally does not cover flood damage for water that comes from an outside source. 

Sometimes damage to your home from water can be covered if it occurs from a “sudden and unexpected occurrence.” This is extremely important to note. This means that if you have a toilet overflow while you were out of the house that causes extreme damage or a burst pipe, that damage may be covered under your homeowner’s policy because it is “sudden and unexpected.” However, if you have water damage from a long time leaking pipe that is a maintenance issue that will not likely be covered under your homeowner’s policy. In addition, if you have water back up and sump discharge or overflow, coverage is usually available for these type of issues as an add on. Sump pumps are usually found in homes with basements and if you have a basement you may want to talk to your agent about getting coverage for damage that may be caused by a sump pump overflow.

  1. Earthquake

Many people are shocked to learn that most homeowner’s insurance policies usually exclude “earth movement“ for example earthquakes, sinkholes, and mudflows. While you’re basic homeowners insurance may not cover these type of damages, you can easily add that type of coverage. Earthquake and earth movement such as a sinkhole or landslide coverage is typically not even available as a separate policy but rather  it is generally an “add on“ to your current insurance coverage. Therefore, if you live in an area that is prone to earthquakes, you should add that coverage to your policy

  1. Intentional acts exclusion

This exclusion means that any damage that is intentionally caused by you or someone in your home is not covered under your homeowner’s policy. Meaning if you have a situation where you or resident causes extensive damage to the home, on purpose, it will not be covered under the policy.  In some policies this can also apply to damage that they deem could be “preventable. This can apply to a long-term maintenance issue that causes extensive damage that was not fixed by the homeowner. If you have a question on a homeowner’s claim that is not clear on its face, you would be well served to contact an attorney to discuss the claim prior to contacting your insurance company. It is important to remember that insurance companies are often trying to find a way not to pay for your claim. Therefore, if something unusual occurs that cause’s extensive damage to your home, call TheOneLawyer.com before you contact your insurance company to discuss your claim and your policy.

  1. City Or County Code Violations

If there comes a time when your property is deemed out of code and no longer up to the standard building code regulations in your area, you cannot make a claim on your homeowners policy to cover the cost of upgrading your property to meet the new building codes. However, you can obtain an endorsement that is generally called “rebuilding ordinance or law coverage endorsement” to your policy. In Nevada, this may not come up with any regularity but if you are purchasing a home that is extremely old you may want to discuss this type of coverage with your agent.

  1. High-value Items

Most homeowner’s policies have a limit that they will pay out for expensive items such as coin collections, jewelry, instruments etc. The list of high price tag items is endless and if you are in possession of specific items of any large value you must get a rider on your policy to cover those specific items. Sometimes, you may have seen the Antiques Roadshow that  the appraisers will always give the participants an “insurance value“ meaning that you need to insure specific high dollar items independently on your homeowner’s policy. When you go to purchase your homeowners policy you would be well served to bring a list of expensive items that you own to discuss with the agent and make sure your policy will cover those items. In addition, I would send a letter to my agent after your meeting listing the items that are being insured and advise that you have been told by your agent that your policy will cover said items. Finally, you also want to photograph those items and keep them somewhere off property in the event that your home is damaged , vandalized or robbed in the future to show proof of ownership.  Again,  it is important to note that insurance companies will not always  be on your side when they are negotiating your claim.

  1. Identity Theft

Most people know that this is not a covered item on a homeowner’s policy. However many main stream carriers are now offering this policy in conjunction with bundling other policies like auto and home. This is a very important coverage to have in this day and age. This can be more costly to your overall well-being then a fire in your home. Be sure to ask your agent or your company if they offer this type of policy.  At TheOneLawyer.com we highly recommend that you obtain this coverage independently if it is not available through your carrier

  1. Aggressive Dogs In Certain Breeds Of Dogs

It is becoming more and more common for homeowners insurance companies to specifically exclude certain breeds of dogs. This would affect you if your dog falls into one of those categories and bites someone. Having worked for insurance company for many years, I often saw certain breeds of dogs engaged in more aggressive behavior than other breeds. I am a diehard dog lover so I tend to love animals and want to protect them.   However, it is important that you protect your family in the event that your dog is spooked or for some reason becomes aggressive and bites a visitor. Even the sweetest dogs are capable inflicting harm if they become scared for some reason. If you own one of the breeds that are often excluded by certain carriers, you need to shop different carriers because not all companies exclude certain breeds of dogs.

If you obtain a pet after you buy your homeowner’s policy, be sure to call them and advise that you now have a pet. If you advised your company that you did not have a pet when you purchased the policy, but you later have a pet, you need to contact them and make sure that your pet is  covered on your policy.

  1. Pools and Trampolines. 

I do not believe this is a common exclusion but I have seen policies over the years that exclude pools and trampolines from coverage when accidents are subject to lawsuit. It is important to ask your agent if your policy has such an exclusion if you have a pool or trampoline. Again, this is not a common exclusion but I have seen it and if someone is injured in your pool or on a trampoline at your property and sues you, you want to be covered by your homeowner’s policy. Be sure to check for this exclusion before purchasing your coverage if this applies to you. 

This brings me to another valuable point,  and where this situation is most likely to arise.  If you add a pool to your property or trampoline after you purchase the property, you absolutely need to contact your homeowners company and advise them to add this to your policy.   If you purchased a policy and you wrote on the application that you had neither a pool nor a trampoline and an accident occurs arising from either one, you may be personally liable for the damages and your company may not cover you because this was not part of the policy you purchased. 

  1. Defamation Claims

This may seem kind of crazy at first but in 15 years of practicing law, I have seen much crazier. Let’s say your neighbor sues you for defamation of character because you said something while you were running for the board of directors and they believe that you defamed them in the process. Homeowners insurance does offer personal liability coverage when you are responsible for an injury to someone else arising out of the ownership of your home. It will depend greatly on how the policy is worded whether or not you would be covered for this type of event. I have seen it go both ways over the years and  I believe that most policies are written somewhat vaguely when it comes to personal liability. Therefore, this may be covered under some policies. 

  1. Business Claims

More and more people are working at home in the age of the internet and certainly in the age of COVID-19. If you are doing business from your home it is important to tell your agent and discuss business insurance with them. Most homeowner’s policies exclude home run businesses. Therefore, any of your equipment that you use, which could be extensive in some cases, would not be covered under a standard homeowner’s policy. Just because your business is from your home does not make it covered on the homeowner’s policy. If you are operating a business out of your home and you have extensive equipment or inventory, you really need to have a business policy. You can generally obtain one through your same company. It is my experience that they are not very expensive and are usually in the neighborhood of $400 to $800 per year depending on the level of equipment and inventory that you maintain.

These are the most common exclusions that are found in most homeowner’s policies and I hope reading this blog has reminded you to contact your agent or make an appointment and sit down and determine exactly what’s covered under your policy and determine if you need to put any riders on your policy.   Whether it be for a home business, additional pets, modifications to your home, or the purchase of high dollar items, you need to make sure you are covered. At TheOneLawyer.com we urge our clients to review their policies every few years to make sure they are covered. Please feel free to contact us for a free insurance review to discuss your coverages. 

If you were a loved one has any question about insurance or has been injured in any type of accident please call the offices of TheOneLawyer.com today. 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 you Should know about a Home Owners Insurance Policy

There are important things to know when you are buying your homeowners 

insurance like making sure you have replacement value coverage and not 

actual value coverage.  Check out this week’s blog to learn more.

Top Five Things to Know About Your Homeowners Insurance Policy

1. Always purchase “replacement value coverage” and not “actual value” coverage.

2. Always ask you agent about policy “Exclusions” or read the exclusions sections of 

     the policy.

3.  Flood damage is not covered on a standard homeowner’s policy.

4.  There is a cap on the value of certain belongings in most standard policies.

5. Most homeowner’s policies do not cover earthquake damage.

If you’re like most people, when you purchase a home you find an agent or you go online and you buy “homeowners insurance” on the property.  This purchase is usually one of the biggest purchases of people’s live and yet very few people read the homeowners policy or even really know what they’re buying.   Other than the replacement costs or value costs that they put on the “dec page,” most people know nothing about the policy and assume it will cover any and all damage that happens to their home.  This is, unfortunately, not the case.   Homeowners policies can be complex but there are certain things that you need to understand and look for when purchasing homeowners insurance. 

I will try to simplify this so that you know what to look for on your policy. In the photograph above there is what is referred to in the business as a “dec page” which is short for declaration of coverage’s. This is the simplified version telling you how much they will pay for any individual covered loss. However what they do not put on the declarations page are the numerous exceptions and exclusions to payments that they (the insurance company) will make that are contained in the booklet that you will receive in the mail at some point in the future. Some of you may, if you’re an organizer, save this in a file and if you’re not really an organizer, you may toss into the trash. As a note, it is really important to keep those policies for all insurance, whether it is for a car, a home, or renter’s policy.  It is important for you to keep a file of everything that comes in the mail regarding the policy.  Even if you do not review this information at the time you receive the booklets, it is important to keep in the event you need to make a claim.  Below I will list the standard coverages that are contained in most homeowner’s policies and a basic overview. I will also discuss common exclusions. Please note, I will be writing a subsequent blog in a week or two that deals only with exclusions in Homeowners policies and how to protect your family and property.  Finally,  I will talk about coverages that you should opt into and know about that may fit your specific needs that cover things such as operating a business from home or having valuable property such as musical equipment, family jewelry or antiques that will not generally be covered under a standard policy.  These items may have significant value that you will need to add to most policies.  I will begin with those standard coverages that are listed on your “declarations page

Dwelling coverage

To put it simply this is the coverage that covers the physical structure of your home including the walls and roof.  This is the portion of the policy that covers the cost of rebuilding and/or repairing your home in the event that damage occurred from a covered event.   The amount of this coverage is often determined by the carrier.  It is not the market value of your home as the land is not calculated into this amount of coverage.  If your home is older and it would be more costly to restore it with the original features, be sure to discuss this with your agent.  

Personal property coverage

This is coverage that covers the personal items inside your home such as furniture, clothes, appliances, bedding, books and any personal items you have. You usually have several options when it comes to covering personal property and you always need to verify that you cover this property at replacement value and not fair market value. A lot of policies will sell the standard version of actual cash value and this is not what you want. That means that the refrigerator that you purchased in your home that you originally paid $2000.00 for, may now only be worth $400.00.  However, you will still have to buy a replacement refrigerator in the event that your house burns down.  This could be a very costly mistake if the only option you have is actual value for all the belongings inside your home such as furniture, appliances, and personal items such as clothing etc.  This is an important question to ask or box to check when you are buying insurance. Always make sure you have replacement value coverage.

Liability protection

This actually comes up more than you may imagine and can cost you a significant amount of money if you do not have enough coverage. Liability protection is coverage that will defend you by paying attorney’s fees and damages if someone sues you or files a claim against you after they are hurt on your property.  I highly recommend that you have at least $100,000.00 in coverage for Liability Protection.

Guest medical protection

This is usually an inexpensive coverage and it is well worth the cost. This coverage covers the cost of medical expenses for someone who’s injured on your property. Let’s say, for example, you have kids playing basketball in your front yard and one child goes up for a layup and falls and breaks his arm. For various reasons a claim could be made against you as the child was injured on your property. Many times, having this guest medical protection can satisfy your guest’s medical bills without further litigation 

or claims. 

Exclusions

This is likely the most important section that you should review when you receive your homeowner’s policy.  This is why is it best to go to an agent to buy insurance and review all the exclusions with them.   Every policy has different exclusions, but many have standard exclusions.  You do not want to find out about the exclusions at the time you need to make a claim. For example, flood insurance is generally not covered in a standard homeowners policy if the flood originates from somewhere off of your property.  If you live in a flood prone region, you will need to purchase flood insurance separately.  In addition, people are often surprised to learn most policies do not cover things like earthquakes, mudslides, mold, landslides, wear and tear, bug infestations, wind or hurricane damage or construction needed to bring your home up to current code. It is imperative that you review the exclusions in the policy you are purchasing. If you live in a place where your home may be prone to a landslide or a hurricane or an earthquake or a flood or any other damaging incident that is specifically excluded in the policy, you would be wise to look into other coverage or inquire if the carrier you are buying from provides that type of insurance for a different expense. 

Additional Coverages or Riders

There are a number of “extra” coverages you can add to most homeowners policies to fit your needs. The following are a few of the most common.

  1. Extra Contents Coverage It is important to know that most of the coverage

s are a flat percentage of the amount of insurance on the home itself. For example: contents coverage is 50% of the insurance on the home itself. If you insure your home for $100,000, the contents coverage will be $50,000. For a minimal extra charge, you can increase the coverage on your contents without increasing the amount of insurance on the home itself.  If you have valuable contents, you will need to raise this coverage.  In addition, if you have particular valuable items, you need to cover them separately because there is usually a flat rate limit for items like jewelry, antiques, furs, musical equipment, art, etc.

2. Replacement Cost Most large insurance companies offer “Guaranteed Replacement Cost Coverage” for an additional premium. If this is not available you should go with a company that offers this coverage.  This coverage should be available for your roof as well with no deduction for depreciation.

3. Personal Property Extensions of coverage Another example regards special limits on certain types of personal property. For example, most policies limit their coverage for the theft of furs or jewelry to $500. The limit for firearms or computers is often $1000. Many other items are also limited to $500 or $1000 since the homeowners program is designed to fit the coverage needs of the average policy holder. It is your responsibility to review the limitations placed on certain types of property and increase the coverage of one area or another by adding a “Scheduled Personal Property Endorsement” to the basic policy.  This is when you want to talk to an agent.

4. Additional Liability You can also purchase additional liability coverage and medical payments coverage for a nominal premium and I highly recommend this coverage.

5. Flood Insurance The most important exclusion is flood, as many people have learned to their detriment. If live in a flood prone area, any property/casualty insurance agent can help you get it. If you live in a flood-prone community, don’t risk going without flood insurance.

6. Earthquake Insurance No standard insurance policy, including the homeowner’s policy, covers catastrophic damage from an earthquake. For an additional charge, insurance companies offer an earthquake endorsement with your homeowner’s policy that will protect you in case your home suffers earthquake damage. In some areas, this coverage is typically inexpensive and should be considered. However, it can be more costly in earthquake prone areas like San Francisco but likely worth the cost to protect your investment.

If you were a loved one has any question about insurance or has been injured in any type of accident please call the offices of TheOneLawyer.com today. 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. 

HOW DID OUR GOVERNOR GET SO MUCH POWER

POWER OF NEVADA GOVERNOR

  1. The Nevada Governor is granted broad power by NRS 414.070;
  2. He can order the evacuation of any stricken areas in the state;
  3. He can exercise “all powers necessary” to promote safety and protection;
  4. He can allow medical professionals licensed in other states but not NV to practice;
  5. He can sell, lend, lease, or give materials or perform services for the purpose of emergency management.

You may find yourself, like many of us, asking how did the governor become so powerful. It seems like we have a dictator instead of a democratically elected official. This thought has crossed my mind as well. Maybe a two week quarantine at the governor’s order with a subsequent vote by the legislature seems like a little more democratic process. However, that is not the law or the process  in the state of Nevada, as you have probably observed over these past two months.  There is, in fact, law on the books in Nevada which, yes was voted on by the legislature a long time ago, allowing the governor to declare a state of emergency. 

There are two pieces of the law that gave governor Sisolak this authority. The first is a very old supreme court case from 1905 entitled Jacobson vs Massachusetts 197 US 11 (1905). That case was brought to the Supreme Court during the nationwide smallpox outbreak in the early 20th century. In addition, Nevada legislature enacted NRS 414.070 well over 30 years ago.   

The statute states that the governor has the power to “perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.”  This is an extraordinarily broad grant of power. Basically, what the governor wants to do he can do if he believes it’s necessary to keep everyone healthy. He has been delegated the power by our state legislature and so that’s his basis in law for being able to shut down our state.

The next question to ask is whether this grant of power by the state legislature is constitutional. It seems unusual for the legislature to be able to dedicate more power than they have. It is a basic rule that state governments, state legislatures, including the state of Nevada, have what’s often called the “police power.”  This is the power that they have to protect the public health, safety and morals, whatever that means to different communities. As for the coronavirus, clearly this would be utilizing the issue of protecting public health. 

The only limitations on the states police powers are the individual rights of its citizens, guaranteed in either the federal or state constitution. The question here would be one to the right to freedom of choice, basically the right to privacy of sort to make your own choices — the right of due process aka the right of freedom of choice. The applicable place in the United States Constitution would be the 14th amendment, the due process clause. 

Therefore, the legal question is “Does the governor’s order violate individual liberties and freedoms that are protected by the 14th amendment.?” This is where the case of Jacobson vs Massachusetts comes in. The legislature in Massachusetts, at the time of the smallpox outbreak, enacted a law that said some towns could require people to be vaccinated and some towns did that at the time. This started the lawsuit that made its way to the supreme court titled Jacobson vs. Massachusetts. In that case, the court upheld the law. The court reasoned that “because smallpox presented such a danger to the public health but it was within the state’s police power to require vaccinations.” The court held that a vaccination can be required and that was a more invasive procedure than closing your business,  especially if you have a religious objection to being vaccinated.   That being the case, the case of Jacobson vs Massachusetts certainly does suggest that there is constitutional authority to require businesses to close.

If the court were to hear the Jacobson case today, in this context, they would likely apply a higher level of scrutiny to the law. They would be more suspicious and maybe want to hear better evidence as to the reason it was necessary to close businesses down. Even if they did apply a heightened scrutiny and want to know more, it does seem likely, based on the law that the court would find there was a compelling reason why the states shut down businesses to stop the spread of the virus. I believe they  would likely uphold the Governors order.

The opponents may argue that there is a better way to protect the public health without being as invasive as closing all businesses. The court may consider this argument. However, the CDC has advised that businesses needed to close and that the best way to accomplish stopping the spread of the virus was to order a lockdown. It does appear likely that the Supreme Court would not hear the case and if they did hear the case, would likely rule that public health outweighed individual rights of due process as they did in 1905. 

With the state of politics at such dire odds in this nation at this time, and so many states with Democratic houses and Republican governors or vice versa, I would not be surprised to see some of these legislative or governor orders challenged to the state supreme courts and possibly ultimately to the United States Supreme court again after 115 years has gone by. If that does occur I will certainly update this blog.

 The state authority for the Governor’s order is NRS 414.070 and states as follows:  

NRS 414.070  Additional powers of Governor during existence of state of emergency or declaration of disaster.  The provisions of this section are operative only during the existence of a state of emergency or declaration of disaster. The existence of such an emergency or disaster may be proclaimed by the Governor or by resolution of the Legislature if the Governor in his or her proclamation, or the Legislature in its resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural, technological or man-made emergency or disaster of major proportions has actually occurred within this State, and that the safety and welfare of the inhabitants of this State require an invocation of the provisions of this section. Any such emergency or disaster, whether proclaimed by the Governor or by the Legislature, terminates upon the proclamation of the termination thereof by the Governor, or the passage by the Legislature of a resolution terminating the emergency or disaster. During the period when a state of emergency or declaration of disaster exists or continues, the Governor may exercise the following additional powers:

1.  To enforce all laws and regulations relating to emergency management and to assume direct operational control of any or all forces, including, without limitation, volunteers and auxiliary staff for emergency management in the State.

2.  To sell, lend, lease, give, transfer or deliver materials or perform services for the purpose of emergency management on such terms and conditions as the Governor prescribes and without regard to the limitations of any existing law, and to account to the State Treasurer for any money received for such property.

3.  Except as otherwise provided in NRS 414.155 and 414.340, to procure, by purchase, condemnation, seizure or other means, construct, lease, transport, store, maintain, renovate or distribute materials and facilities for emergency management without regard to the limitations of any existing law. The Governor shall make compensation for the property so seized, taken or condemned on the following basis:

(a) If property is taken for temporary use, the Governor, within 90 days after the taking, shall fix the amount of compensation to be paid therefor. If the property is returned to the owner in a damaged condition, or is not returned to the owner, the Governor shall fix within 90 days the amount of compensation to be paid for the damage or failure to return the property. If the Governor deems it advisable for the State to take title to property taken under this section, the Governor shall forthwith cause the owner of the property to be notified thereof in writing by registered or certified mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of the notice with the Secretary of State.

(b) Within the 90-day period prescribed in paragraph (a), the Governor shall make an offer in writing to the person or persons entitled to receive it of the amount of money proposed to be paid as full compensation. If the offer is accepted, the money must be paid out of such fund, funds or other sources as are available and no further action in law or in equity may ever be maintained in connection therewith. If the offer of payment is refused, the person or persons entitled thereto have the same rights as plaintiffs in actions of eminent domain insofar as the fixing of damages and compensation is concerned, NRS 37.06037.07037.080 and 37.090, so far as applicable, apply, and proceedings must be had in conformity therewith so far as possible. The action must be commenced within 1 year after the receipt of the offer of settlement from the Governor.

4.  To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the State and to take such steps as are necessary for the receipt and care of those persons.

5.  Subject to the provisions of the State Constitution, to remove from office any public officer having administrative responsibilities under this chapter for willful failure to obey an order or regulation adopted pursuant to this chapter. The removal must be upon charges after service upon the officer of a copy of the charges and after giving him or her an opportunity to be heard in his or her defense. Pending the preparation and disposition of charges, the Governor may suspend the officer for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section must be filled as provided by law.

6.  To authorize providers of emergency medical services and providers of mental health services who are not licensed, certified or registered, as applicable, in this State but hold a license, certificate, registration or similar credential in good standing in another state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States to practice their profession within their scope of practice as if they were licensed, certified or registered, as applicable, in this State for the amount of time necessary to assist in responding to the emergency or disaster.

7.  To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.

At the Law Offices of Laura Payne-Hunt, TheOneLawyer, 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 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. 

The Difference between a Worker’s Compensation Claim And a Personal Injury Claim in Nevada

Top Five Things to Know About Workers Compensation versus Personal Injury

1. For a personal injury claim, fault is required on the part of a defendant.

2. For a Worker’s Compensation claim, there is no need to prove fault.

3. In a personal injury lawsuit you are entitled to damages for pain and suffering.

4. In  a Worker’s Compensation claim you are not entitled to benefits for pain 

    And suffering.

5. You cannot sue your employer for damages when you are injured on the job. 

     You must pursue a Worker’s Compensation claim.

http://dir.nv.gov/WCS/Home/

We often get questions regarding the difference between personal injury claims and Worker’s Compensation claims. They are similar and there is overlap between the two claims. Both types of claims obviously involve a personal injury. The most significant difference between a personal injury claim and a claim that involves injury on the job, also known as a Worker’s Compensation claim,  is that a personal injury claim is based on fault and a Worker’s Compensation claim is based on being injured on the job. 

Personal Injury Claims Require Fault

A claim for personal injury is a claim in negligence which requires fault.  To recover damages in a car accident, a slip and fall, a dog bite, a medical malpractice claim or any type of claim that  involves personal injury, you  must show that there was a fault on the part of the adverse party. This means that we must prove, on behalf of our client, that someone did something wrong to cause injury to our client. We must also prove that our client was not over 50% at fault to recover damages. Conversely,  in a Worker’s Compensation claim you must simply prove that your injury happened on the job. This is a significant point in the law. To understand personal injury law you must understand that personal injury law is based upon the negligence of the acting tortfeasor which causes injury to a plaintiff or claimant. Accidents where simply no one is at fault do not qualify for a personal injury claim.  A Worker’s Compensation law is completely different from personal injury tort law.  

Worker’s Compensation Claims are No Fault Claims

Worker’s Compensation cases involve employees that are injured while working for their employer and are entitled to Worker’s Compensation benefits. Worker’s Compensation claims have nothing to do with who is at fault for causing an injury. In addition, Worker’s Compensation claims are based on an administrative process and are not generally handled in the district courts. They are completely separate and have their own body of regulations. For a Worker’s Compensation claim, an employee does not need to prove that the employer or any coworkers did anything wrong to cause their injury. In fact, even if it is the employee’s own fault that they were injured while they were working, they are still entitled to receive Worker’s Compensation benefits for their medical bills and part of their lost wages. 

Pain and Suffering Damages

The most significant and striking difference in Worker’s Compensation claims and personal injury claims are the damages that you are entitled to receive. In a Worker’s Compensation claim when you are injured on the job you are not entitled to damages for pain and suffering. These damages usually constitute a large part of a personal injury claim. In a personal injury claim, you are entitled under Nevada law to receive damages for the pain and suffering associated with your injury. For a personal injury claim you’re entitled to all of the damages that you have suffered including lost wages, medical bills, future medical expenses, any permanent injury, pain and suffering, loss of the enjoyment of life, lost earning capacity and any other damages that you incurred as a result of your injury

However in a Worker’s Compensation claim for injury received on the job, you can only receive partial weekly compensation for lost wages, permanent impairment benefits, medical bills, and damages for vocational rehabilitation which is training for a new occupation if that is necessary.  You cannot receive benefits for pain and suffering in a Worker’s Compensation claim. The theory behind this is that Worker’s Compensation is basically a negotiated benefit between the employer and the labor. Prior to instituting Worker’s Compensation laws in the early part of the last century, the only remedy a worker could obtain against their employer was to sue them for negligence. If the employer was not negligent employees could not bring a claim against them to recover their damages. Often times it was very difficult for employees to fight a large employer. Employers had way more resources and the ability to fight the employee through the legal system even if it was the employers fault.

The Worker’s Compensation system was devised to protect workers and compensate them for injuries they may have sustained while they were on the job. Because it is not a fault based system, the damages that they can recover are significantly less than damages they can recover for a personal injury claim when someone is at fault and negligent for causing their injury

You Cannot Sue Your Employer or Coworkers for Injuries on the Job

The trade off for making employers legally liable for any injuries sustained by employees while on the job was that employers could no longer be sued for injuries that employees sustained. Although the trade off may overall benefit most employees, it does come at a price.  It does allow employers to be negligent in causing injuries and not have to pay the same damages as if they were not an employer. However, if the employers conduct rises to the level of an intentional act as defined in the law and causes an injury to employee, the employee can file suit against the employer for said act. Courts, not wanting to disrupt the Worker’s Compensation scheme, have been very reluctant to find employer’s committed an intentional act to cause an employee’s injury and it is a difficult hurdle to overcome.

https://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP97-06.pdf

The Jones Act

An unusual exception to Worker’s Comp., which does not affect Nevadans really, is that crew members of any type of boats from a cruise ships to a two person commercial fishing boat are not entitled to Worker’s Compensation benefits. Under a little known act called the Jones Act, these specific employees are permitted to sue their employers for damages including pain and suffering. So if you are ever on Jeopardy and your are asked this question or you find yourself relocating and becoming a member of a crew of a vessel and get hurt,  you should contact an attorney immediately regarding your injuries  There is also another federal act called the Federal Employers Liability Act which allows interstate railroad workers to sue their employers for damages they receive on the job. Only the interstate railroad workers or workers who work for a rail  road that operates in more than one state qualify. Therefore, railroad workers that work for a railway that only operates in one state do not fall under this federal act.

What Happens When Personal Injury and Worker’s Comp

 Overlap

Personal injury and Worker’s Compensation law often overlap when you are driving in the course and scope of your employment and you are in a car accident. In those cases Worker’s Compensation law is activated as well as personal injury law. However the laws in Nevada are very adverse to injured workers and much more favorable to employers when it becomes to pay back of benefits for injured employees. If you are in an accident where someone else besides your employer is at fault but you were in the course and scope of your employment such as a car accident, then you have to pay back your employer for any benefits including, medical bills and lost wages, that the employer paid on your behalf from any amount of money you collect from the at fault party. This usually results in somewhat of a wash of one of the personal injury claim. 

Clients are often under the misconception that if they have Worker’s Compensation coverage and personal injury coverage they will receive a double recovery. That is not the law in the state of  Nevada. If you are injured on the job through the fault of a third-party you are entitled to Worker’s Compensation benefits and you have the right to sue the at fault party. However, Worker’s Compensation is entitled to be paid back the benefits they paid including your medical bills and lost wages and any payment for a disability rating that you received from any money that is paid from the at fault party. If there is excess payment from the adverse party over what Worker’s Compensation has paid you would be entitled to that excess. However, Worker’s Compensation always has a lien on your recovery for any benefits they paid. See  NRS616C.215.  

If you were a loved one has been injured in any type of accident please call the offices of The One Lawyer today. 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. 

FIVE THINGS TO KNOW ABOUT SHORT TERM RENTALS IN CLARK COUNTY

1) Short term rentals of less than 30 days for  private residences are prohibited in unincorporated Clark County.

2) Short term rentals of less than 30 days for  private residences are permitted in the city of Henderson.

3)  Short term rentals of less than 30 days for  private residences are prohibited in the City of North Las Vegas. 

4) Short term rentals of private residences are permitted in the City of Las Vegas.

5) All the cities that allow short term rentals require permits and annual fees to list a private residence as a short term rental. 

There are a lot of different ordinances for cities, municipalities and counties regarding the use of a private residence for a  short term rental. If you wish to become a lesser of a residential property for short term use more commonly referred to as an  “Airbnb” (trade name)  host, it is important that you know and understand the regulations that govern the location where your property sits. In Clark County, each city has its own regulations regarding short-term rentals. Most require specific licensing in order to use your property as a short term rental. In Clark County there are many different municipalities and I will talk about Las Vegas, the city of Henderson, and the city of North Las Vegas in this blog. There are also regulations in Laughlin and Mesquite which both allow very limited short term rentals.  With Las Vegas and the surrounding cities in Clark County being large tourist destinations, the ordinances regarding short term rentals are not favorable to property owners. In fact,  an overall reading of the ordinances clearly shows that they are discouraged by the cities. This is likely due to the fact that they do not want to them to  compete with the primary industry of tourism in this county. 

However, I believe that there is plenty of business to support the hotels and private property owners will support candidates in the future who feel the same. Unfortunately, at this time,  this appears to be a minority view.  When short term rentals are allowed there is generally significant amount of paperwork and costs associated with getting the permits to place your property on the market.  A review of  overall properties listed for short term use appears to reveal that there  are more listed properties than  permitted properties in the area. It appears that enforcement has been lax on the part of the cities and county. However,  they are free to enforce their regulations at any time and the city of Las Vegas has hired an outside company to check properties listed on the internet and determine if they are properly permitted within the city. If you are found to have listed your property and not have obtained the proper permitting you could be subject to fines by  the county or municipality in which your property is located. Below is an overview of the various regulations and requirements to list your private residence as a short term rental in the different municipalities in the area.

Short Term Rentals in Clark County

Clark County Code prohibits Short Term Rentals for less than 30 days. This is a strict rule.  Clark County Code § 30.44.010 (b)(7)(C) prohibits short-term rentals of residential properties in the unincorporated area of  Clark County. This prohibition is applicable to any lease of residential property for less than thirty (30) consecutive calendar days.  In addition, Clark County Code § 6.12.982 requires a short-term or “transient lodging” as it is referred to for over thirty days to  be separately licensed.  The code requires  an annual license fee of $300.00 and Clark County Code § 6.12.982 requires a short-term lodging tax, which must be paid for any short-term lodging operation.

In reviewing the Clark County website, city officials state that they are concerned that short term rentals disrupt the quality of life in residential neighborhoods because short term renters do not have any stake in the neighborhood. The county believes that short term rentals disrupt the “peaceful environment of residential neighborhoods“. They further state that short term rentals are illegal in unincorporated Clark County because they have not been regulated by the Clark County building and fire prevention department to ensure that the residential properties are in compliance with all codes Their website goes on to list a number of reasons why they do not approve of short term rentals in Clark County.

The specific code states as follows: 

C. “Transient commercial use of residential development for remuneration is prohibited in all residential zoning districts, or in any miscellaneous zoning district of this Title, except as otherwise expressly permitted. 

i. The provisions of this Section do not supersede private covenants, deed restrictions, declarations of restrictions and equitable servitudes which impose conditions more restrictive than those imposed by this Section, or which impose restrictions not covered or addressed by this Section. 

ii. The right to maintain a legal nonconforming transient commercial use of residential development for remuneration (profit) shall terminate within 3 years from August 19, 1998, after the use became legally nonconforming, subject to the following provisions:

a. Such a use shall not be classified as a legal nonconforming use, and shall thereafter conform to the regulations specified in this Section, if the use is maintained, or has been maintained, in violation of, or contrary to, private covenants, deed restrictions, declarations of restrictions, equitable servitudes, or the express terms of a deed of trust, loan or other purchase agreement or security instrument applicable to the residential developed property upon which the use is maintained.

 b. If any such legal nonconforming use ceases for any reason for a period of 30 days or more, any subsequent use shall no longer be classified as a legal nonconforming use and shall thereafter conform to the regulations specified in this Section. 

c. Nonconforming uses and structures established pursuant to this Section are subject to the regulations concerning nonconforming uses and structures set forth in Chapter 30.76 (Nonconformities) of this Title for the period specified in subsection (7) (c) (ii) above. 

https://www.clarkcountynv.gov/comprehensive-planning/zoning/Documents/3044.pdf

City of Henderson Short Term Rentals

The city of Henderson adopted ordinances in July 2019 for the operation of short-term vacation rentals which they shorten as “STVR.” They stated that any property owner who intended to use or operate a private residence as a short term vacation rental within the city of Henderson must register that property with the city every year and comply with the city of Henderson‘s short term rental regulations. Such regulations include a registration fee of $820 a year to be paid every year that the property is in  use as a short term rental property.  The city went on to adopt regulations and ordinances starting at 3591 referred to as the short term vacation rental development code regulations. These regulations include enforcement regulations. Said regulations can be found at:

https://www.cityofhenderson.com/docs/default-source/community-development-docs/development-code-revisions/ordinance_no_3591_july_16_2019—short-term-vacation-rentals.pdf?sfvrsn=2

City of Las Vegas, NV Short Term Rentals

The city of Las Vegas does allow short-term rentals with a great deal of regulation. Like the city of Henderson you will need to obtain a short term rental license in order to use your property as a short term rental in the city of Las Vegas. As of December 5, 2018 the city of Las Vegas limited short term rentals to owner occupied properties and hosts who are already licensed or had a pending application at the time. In addition, the city of Las Vegas requires short term rental owners to follow a number of operational requirements regarding insurance, zoning, taxes, and safety. They are required to maintain proof of liability insurance at a minimum amount of $500,000. There are  also restrictions that there must be 660 feet between short term rentals for all single-family homes. There are also regulations that commercial events like banquets, weddings and parties cannot be held in short term rentals in the city of Las Vegas.  The taxes fees and regulations, again, make it cumbersome for property owners to use their properties as a short term rentals in the city of Las Vegas.

City  of North Las Vegas, NV Short Term Rentals

Short term rentals are prohibited in the city of North Las Vegas. 



If you have a question about leasing your private residence as a short term rental, feel free to contact TheOneLawyer.com.  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. 

Penalties for Driving Without Insurance and Requirements for Insurance in Nevada

FIVE FACTS ABOUT CAR INSURANCE REQUIREMENTS IN NEVADA

1) There is no grace period for insurance lapse in Nevada.

2) A one day lapse in insurance coverage can result in a minimum $250 reinstatement fee if your registration is revoked.

3) Fines for not having insurance can be greater depending on how long the lapse is and if you had any previous lapses in insurance coverage.

4) You are allowed to present your insurance card to an officer by your cell phone

5) Insurance companies in Nevada are required to validate the status of Nevada insurance  policies to the department of motor vehicles.

In Nevada there is no grace period when it comes to a lapse in your car insurance coverage. That means that if your coverage even lapses for one day, there could be a suspension of your registration. That also means that there could be a minimum fine of $250 to reinstate your registration. Nevada has longer fines and fees for driving without insurance depending upon how long the lapse was and if there were any previous lapses in insurance coverage.   It is extremely important not to let your insurance lapse.  However, the fines could be minimal in comparison to having an accident without car insurance. Damages for personal injuries and vehicle damages to another person that you may be involved in an accident with could drive you into bankruptcy.  Whether you have insurance or not you are still liable for any damages that you caused during the operation of your motor vehicle. If it all possible, it is critical not to let your insurance policy lapse on your vehicle.  And if that happens, you should consider public transportation until you can have the policy re-issued.  

There are several areas to keep in mind regarding insurance requirements in Nevada.   First, insurance companies are required to report to the department of motor vehicles.  Secondly, it is mandatory to have insurance in Nevada and if you have a lapse you could be required to provide additional information to the department of motor vehicles.

Insurance Company Reporting

Insurance companies that are licensed to do business in the state of Nevada are required to work with the Department of Motor Vehicles  and validate the status of Nevada insurance policies upon request by the Department. The Department of Motor Vehicles  has a program called LIVE that periodically asks insurance companies if certain vehicles have current Nevada liability insurance coverage. You are only required to carry liability insurance in Nevada which will pay for claims of other drivers against you. However, at TheOneLawyer.com  we highly recommend that you have coverage on your own vehicle including UIM, towing, medical payments coverage and rental. Many drivers in Nevada are not insured and you could be at great risk. 

As a brief review, towing coverage covers the cost of towing your vehicle from the scene of an accident. Always have your vehicle towed to your home, NOT to the tow yard. I have written blogs on this issue before.  It is very difficult to get your belongings out your vehicle from a tow yard. Your insurance company will pay to have it towed to the body shop. UIM/UM  coverage stands for under-insured and uninsured motorist coverage that covers any injuries you have if someone else hits you when it’s not your fault and they don’t have insurance or they don’t have enough insurance. Rental car coverage is pretty self-explanatory but it’s critical for people who need transportation immediately. Your own insurance company will put you in a rental car the next day. The adverse insurance company may take a week or even 30 days to put you in a rental car while they are “investigating the accident.”  Finally medical payments coverage is very important and it is coverage that pays your medical bills or co-pays so that you don’t wind up in collections while you are trying to negotiate with the adverse driver. I have several blogs that detail all of these coverages.  Please take a look or feel free to call us at TheOneLawyer.com if you have any questions.

What is an SR 22

In Nevada, if you are found to have been financially irresponsible in the past by not having insurance for more than 91 days then you may be required by the department of motor vehicles to have SR 22 insurance form on file. This is a certificate of responsibility that would be required by your insurance company to file with the Department of motor vehicles. Of course, this will significantly increase your rates as insurance companies will first, know you have been  irresponsible in the past and second, be required to provide additional paperwork with your policy. The company is required to notify the Department of motor vehicles immediately if you fail to pay for or terminate your insurance coverage.   Penalties for failure to maintain the SR 22 requirement will include a suspension of your driver’s license and registration of any vehicles registered to you. This is an extremely harsh penalty and therefore, it is extremely important to maintain your insurance policy in Nevada.

Nevada Insurance Requirements

Nevada requires, like most states, that you carry liability insurance to protect other drivers that you may be involved in an accident with on the roadway when it is your fault. State minimum coverage is different in different states. In Nevada you are required to carry $25,000 per person for bodily injury and $50,000 for bodily injury for all persons in the other vehicle. This is usually referred to as a 25/50 policy, meaning that you carry coverage of $25,000 per person for people in the adverse vehicle or $50,000 for all persons in any other vehicles involved in an accident when it is your fault. Drivers in Nevada are also required to carry $20,000 in property damage coverage for damage to the vehicle that you hit in the accident. With the cost of vehicles these days, $20,000 may well be insufficient to cover the damage to another vehicle, especially if there’s more than one vehicle involved in the accident. At the offices of TheOneLawyer.com, we urge our clients to carry coverage higher than the minimum state limits required in order to protect you and your family.

Carrying Proof Of Insurance

In Nevada, you are required to always have proof of your automobile insurance with you at all times while you’re driving. Under the statute, this can be presented electronically and technically the officer is not supposed to look at anything else on your phone. However, if they “unintentionally” look at something on your phone that could be another problem. We strongly urge you to carry a paper copy of your Nevada proof of automobile liability insurance coverage in your glove box along with your registration. Always remember to put the updated card in your glove box when it comes in the mail from your insurance company or print one if you are paperless with your insurance company. We urge clients not to go paperless with their insurance companies because sometimes things are “out of sight out of mind.” It is easy to forget these types of matters. It is easier to remember when that card shows up in the mail.

If you or your loved ones have any questions about insurance or penalties or coverages, please feel free to call the offices of The One Lawyer or email us 24/7;  we are always available to answer any questions you may have regarding insurance. At the Law Offices of Laura Payne-Hunt, TheOneLawyer, 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. 

FIVE FACTS ABOUT PET OWNERSHIP IN NEVADA

 If you live in Henderson, North Las Vegas, or the City of Las Vegas, you are required to have a license for your pet.  If you live in Clark County and are not part of the cities, you are not required to have a license.

2)  You are required to vaccinate your pet against rabies by the age of four months and every three years thereafter.

3) You are required to spay or neuter your pet unless you have a license to breed the animal.

4) You are required to pick up your dog’s waste.

5) It is illegal to feed or provide food for pigeons.

Every local jurisdiction has what are called municipal codes or city ordinances. These are bodies of law that are written by the individual cities and towns and counties concerning matters of local importance. Although many of the city ordinances are similar in different cities or to the county, there are instances where there are differences. City ordinances are usually easy to read and short, unlike the state statutes and often difficult to understand. Although this ordinance is different for the county than it is the cities, many ordinances are very similar. For example each municipality requires you to pick up waste after your pet and all have some version of a barking statute. To easily locate city ordinances for any city in the country for any topic, follow this link https://library.municode.com/    Ordinances for Clark County and the cities contained therein can be found at the following links: 

For the city of Henderson, the codes can be found at : 

https://library.municode.com/nv/henderson/codes/code_of_ordinances

For the city of Las Vegas, the codes can be found at : 

https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT7AN

For the city of North Las Vegas, the codes can be found at : 

https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances

For the Clark County, the codes can be found at : 

https://library.municode.com/nv/clark_county/codes/code_of_ordinances

GENERAL RULES FOR PET OWNERSHIP

Pet Licenses

For example, if you live in the city of Las Vegas, North Las Vegas or Henderson, you are required to have a license for your pet through the city. That is a  license that you would obtain at the local city office and renew every year. They are generally not very expensive. However, a note of caution, I found out that you needed a license when a not so kind neighbor called in our small dog as being loose when she got out of the yard. Animal control came immediately and picked up our little white dog and took her away in their truck. When I went to retrieve her I was fined $75 by the city of Henderson for not having a pet license. Who knew??? I guess as an attorney I should have investigated that fact. That is really the most important reason to have the pet license to avoid fines.  It’s generally a couple of dollars a year to renew and around $10-$30 to obtain a license.  For example, the city of Las Vegas charges $25 for an unaltered pet and $10 for a pet that is spayed or neutered. There are usually special discounts for service dogs and seniors or military personnel.  When you register your pet, you will generally need to bring in proof of current rabies vaccinations.  You can obtain that from your veterinarian. 





PET WASTE 

It is required for all pet owners in the City of Las Vegas, the City of Henderson, the City of North Las Vegas and in Clark County to pick up their pets waste.  The county ordinance states as follows: 

10.36.020 – Solid Waste Excretion.  

 It is unlawful for the owner or person having custody of any animal to permit, either willfully or through failure to exercise due care or control of such animal, any animal to excrete any solid waste upon any sidewalk of any public street or public park, or to excrete any solid waste upon any real property under the control of or in the possession of any other person, or upon the floor of any common area in any apartment house, tenement house, hotel or other multiple dwelling, or upon any entranceway, stairway or wall immediately abutting on a public sidewalk, or upon the floor of any theater, shop, store, office building or other building used in common by the public, or upon the floor, elevator or stairway of any depot or station or public waiting room, or upon any floor, elevator, stairway, entranceway, office, lobby, foyer or patio used in common by the public; provided further, that no violation of this section shall occur if the owner of the offending animal promptly and voluntarily removes the animal waste.

The City of Las Vegas Ordinance states as follows: 

It is unlawful for any person owning or having custody or care of any animal to allow the animal to excrete any solid waste upon any public property, upon any real property owned by or leased by another person or upon any common area of an apartment or similar complex; provided, however, that no violation of this Section shall occur if the owner or other person having custody or care of the animal promptly and voluntarily removes the waste.

(Ord. No. 6180, § 7, 3-7-12; Ord. 3618 § 154, 1991)

BARKING

It is required  for all pet owners in the city of Las Vegas, the city of Henderson, 

the city of North Las Vegas and in Clark County to keep their pets barking to a minimum. 

The county ordinance states as follows: 

10.36.010 – Noise annoyance.

No person shall own, keep, harbor or possess any animal which, by loud or frequent habitual barking, 

yelping, braying, crowing or other noise, causes annoyance to the neighborhood or to 

any person in the vicinity.

(Ord. 1023 § 10 (part), 1987)  (Ord. No. 3877, § 11, 6-15-2010)

LEASH LAWS

It is required for all pet owners in the City of Las Vegas, the City of Henderson, the City of North Las Vegas and in Clark County to keep their dog on a leash.  The county ordinance states as follows: 

10.36.040 – Restraint and sanitation.

 (a) No person owning or having possession of any animal other than a cat, shall cause, permit or allow the animal to stray, run or in any manner be at large.

(b) Every person who is the owner of any unsterilized dog or cat as permitted by Chapter 10.08, and keeps the same upon his premises under his control, shall keep the animal restrained by a fence, cage, coop, chain, leash or other adequate means so that the unsterilized dog or cat shall not leave or escape from the premises upon which it shall be kept.

CHICKENS

An interesting and random fact, which is the fun part of blogging, is that it is required for all chicken owners in the City of Las Vegas, the City of Henderson, the City of North Las Vegas and in Clark County to keep their chickens contained.  The county ordinance states as follows: 

10.36.030 – Poultry and birds. — It is unlawful for any person to keep, or cause to be kept, on premises over which any such person may have control within the county:

 (a)Any poultry or birds that are not, at all times, confined within a suitable outbuilding, coop, or enclosed runway; however, a keeper of racing or homing pigeons may permit the same to be exercised in free flight for not more than one hour daily; provided, that all other times such pigeons are confined appropriately;

 (b)Poultry kept within any dwelling house, basement, subbasement, or cellar.

(Ord. 1023 § 10 (part), 1987)

PIGEONS

Another interesting and random fact is that it is illegal to feed the pigeons in the City of Las Vegas, the City of Henderson, the City of North Las Vegas and in Clark County,  The county ordinance states as follows: 

10.36.035 – Pigeon control.

 (a) The roosting or lingering of wild pigeons poses a health and property hazard in addition to offending the aesthetic senses by pigeon contamination. Such roosting or lingering of wild pigeons is declared to be a public nuisance.

(b) It shall be unlawful for any person to encourage the lingering, roosting and/or congregating of wild pigeons by providing food—including but not limited to, grain seeds, greens, bread crumbs and miscellaneous food scraps—intended for wild pigeon ingestion on public or residential property.

(Ord. No. 4539, § 1, 11-7-2017)

If you have any questions regarding pet ownership, contact TheOneLawyer.com.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer, 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.