Category Archives: Car Accidents

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

Three Things your insurance company is required to do:

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

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

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

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

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

. . .

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

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

. . .

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

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

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

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

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

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

What if I am Injured in Multiple Accidents?

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

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

If you are injured in two different auto accidents close together, you can recover for both injuries from both accidents. You will need to immediately inform your car accident lawyer about the second accident. It’s not an unusual scenario. According to Mike Morse, if you are injured in an auto accident and two months later is injured in a second car accident involving different defendants, insurance companies for the adverse driver’s will want to point the finger at the injuries coming from the other accident. The case is now more complicated due to the multiple injuries. The question becomes, how will the insurance companies to handle the apportionment of the injuries when there were two accidents causing the same or similar injury? Will I Have to go to Court For a Car Accident Claim? It is important to contact an attorney after any injury accident.

At TheOneLawyer.com Henderson Injury attorneys, we will make sure your rights are protected. With nearly ten years of experience representing the insurance companies, Henderson Injury Accident attorney Laura Payne-Hunt, Esq. has the experience you need to battle the insurance company. The law is well settled regarding burden of proof regarding the injured plaintiff who is involved in multiple car accidents. The Nevada Supreme Court ruled on the issue of multiple injuries from car accidents cases.

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

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

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

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

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

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

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

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

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

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

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

HOW MUCH RENTAL COVERAGE YOU SHOULD HAVE?

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

Even if the accident was not your fault, the other driver’s insurance company will investigate the accident before authorizing a rental car which could take days or weeks;

If you are at fault for the accident your insurance company will pay for a rental while car is being repaired;

The insurance company will usually put you in a midsize car which most of us would

consider a small car;

If you need a larger vehicle as a rental, you need to upgrade your rental coverage which is generally very inexpensive, and most people do not know about it;

Less Time and less stress. If your car is wrecked and you have rental coverage, your own insurance company will immediately put you in a rental car without waiting or paying out of pocket.

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

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

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

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

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

THERE ARE DIFFERENT LEVELS OF RENTAL COVERAGE

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

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

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

HOW MUCH TOWING COVERAGE YOU SHOULD HAVE

THREE REASONS TO HAVE ROADSIDE ASSISTANCE INSTEAD OF TOWING

Roadside assistance will include towing coverage for your vehicle for any reason whether it is an accident or a break-down;

Roadside assistance coverage will provide you with help in the event you have a flat tire or mechanical defect, but towing coverage will not provide coverage for those issues;

There is no need to pay for towing coverage and roadside assistance so you should pick one or the other and I recommend roadside assistance.

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

Where do I have towing coverage?

Road-Side Assistance

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

Auto Insurance Policy

Towing coverage can also be on your primary auto insurance policy. It is not necessary to have duplicate coverage. Roadside assistance policies are generally better because they will come equipped with bumper jacks (which are used to raise the front end of the automobile. When you want to change tires, the car will have to be raised so the tires can be removed and replaced. Therefore, it is essential to have a jack that can handle these heavy loads) and change a flat tire or assist you in the event that your vehicle breaks down. You will get more bang for your buck from the roadside assistance policy then a towing policy on your primary auto policy. Therefore, TheOneLawyer.com, we highly recommend that you have a roadside assistance policy instead of a towing policy. Many major carriers offer their own roadside assistance, or you can purchase one separate from your auto insurance coverage through a different carrier.

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

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

Best Roadside Assistance Provider	Average Cost	BBB Rating	Coverage	Towing Limit	Policy Limits
1. Progressive	$16	A+	Towing, winching, jump-start, fuel delivery, battery change, lockout service, flat tire change, on-scene labor	15 miles or nearest repair shop	Service limits vary by policy
2. AAA	$38–$164	A+	Towing, flat tire change, jump-start, fuel delivery, mechanical first aid, locksmith service, identity theft protection, passport photos, trip planning	The nearest gas station, AAA-approved repair facility, or preferred mechanic	Limit of 4 service calls per membership year
3. Better World Club	$58-$98	A+	Battery jump-start, flat tire change, lockout service, fuel delivery, trip routing, discounts on hotels, rental cars, and more	5 miles with the Basic Auto package, 100 miles with the Premium Auto package	Limit of 4 service calls per year
4. USAA	$14	A-	Towing, lockout service, jump-start, flat tire change, fuel delivery	Nearest repair shop	Pays up to $100 per occurrence
5. Geico	$14	A+	Towing, jump-start, flat tire change, lockout service	Nearest repair shop	Limit of 5 service calls per year
6. CARCHEX	$60–$110	A+	Towing, mechanical first aid, flat tire change, emergency battery service, lockout service, fuel delivery, theft reward, trip route mapping	25 miles	Limit of 5 to unlimited service calls per year, depending on package
7. Allstate Motor Club	$86–$144	A+	Towing, jump-start, fuel delivery, lockout service, flat tire change, trip planning	$150–$250 benefit per tow, depending on package	Limit of 3–5 service calls per year, depending on package
8. AARP	$64–$84	A+	Towing, flat tire change, fuel delivery, battery boost, winching, lockout service, trip routing, auto theft reward, emergency hospital bond, arrest bond certificate, legal defense reimbursement, trip interruption guarantee	5 miles with the basic package, 100 miles with premium package	Limit of 3–4 service calls per year, depending on package
9. OnStar	$300–$756	F	Automatic crash response, automatic emergency services contact, towing, flat tire change, fuel delivery, stolen vehicle assistance, remote vehicle diagnostics, 2GB hotspot data	40 miles or nearest repair shop	Service limits vary by customer and state
10. American Express	Free*	A+	Towing, winching jump-start, fuel delivery lockout service, flat tire change	Nearest repair shop	Only provides coordination and assistance with obtaining services (cost of services are the responsibility of the customer)

https://www.motor1.com/reviews/409428/best-roadside-assistance-plans/

HOW MUCH COLLSION INSURANCE SHOULD YOU HAVE?

TOP THREE REASONS TO HAVE ENOUGH COLLISION COVERAGE

If you crash into an expensive car, you will have enough to cover the repairs;

If there are multiple cars involved, you will have enough coverage for the repairs to all;

If you crash into an expensive vehicle and a block wall owned by the city you will have enough to cover repairs to the vehicle and the wall

What is liability collision coverage?

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

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

DETERMINING HOW MUCH LIABILTY COLLISION COVERAGE TO CARRY

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

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

Avoiding personal exposure.

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

HOW MUCH BODILY INJURY LIABILIY COVERAGE SHOULD YOU HAVE?

1) You are less likely to get dragged into a lawsuit if you are at fault;

2) You are less likely to have personal exposure of your own assets;

3) You will be able to cover the damages of anyone you might injure in a car accident;

4) Family members in your car will be able to get their medical bills paid if you are at fault;

5) You will not have to file a bankruptcy if you have a major accident for which you are at fault.

As most people know, liability car insurance is required in almost every state in the United States. Yes, I did say almost. Surprisingly only 49 of the 50 states in the United States require all drivers to have liability coverage. In the state of New Hampshire, you do not have to have liability coverage if you’re able to prove to the state that you can meet the minimum financial responsibility requirements in the event of an accident. Make sure to contact a medical injury attorney to gather more information to win the case.

What that means is that the state minimum liability coverage in New Hampshire is $25,000 per person and $50,000 per accident and if you are in an auto accident and do not have liability insurance you would be required by the state to pay damages at least up to that amount out of your own pocket. Regardless of what state you are in, it would be very unwise to drive on the roadways without liability insurance. Every state has different requirements regarding liability insurance policies. Some states require underinsured motorist coverage or what is also known as personal injury protection. Other states only require bodily injury coverage and property damage liability coverage. Nevada is one of those states that only requires bodily injury a.k.a. liability insurance and property damage insurance for liability. The basic premise of insurance, although the laws and regulations vary from state to state, is to prevent people from being financially harmed by someone else’s negligence on the roadways.

The topic for this blog is how much liability insurance do you need to protect your family. Sadly, I think many people fail to ask themselves this question when purchasing their auto insurance. The State of Nevada requires you to maintain a $25,000 per person $50,000 per accident liability insurance policy for bodily injury to drivers which you may injure in an auto accident for which you are at fault. Although there are many different coverages on most automobile policies, this blog is dedicated to how much coverage you should have for someone who is injured as a result of your own negligence in an auto accident. Most experts recommend caring a policy that is $100,000 per person $300,000 per accident and $100,000 for property damage. What this means is that if you cause an auto accident, your auto insurance company will pay up to $100,000 for personal injuries to each occupant in the other vehicle or a total of $300,000 for a maximum. According to Mike Morse, practically speaking this means that if they were three people in the vehicle that you hit that were all injured seriously, they could potentially each recover $100,000 from your automobile liability insurance carrier. However, if there were four or more persons in a vehicle in which you were involved in the accident with and you were at fault, those injured persons would have to split a combined maximum of $300,000 to cover their injuries. With the cost of medical bills and hospitalizations, it does not take long for large medical bills to be incurred by persons injured in auto accidents.

DETERMINING HOW MUCH COVERAGE TO BUY

Whenever clients ask me about what kind of insurance they should have, I advise them to think of the worst-case scenario. I know this is something we don’t like to think about. However, that is the purpose of insurance. When you buy a homeowner policy, they essentially tell you what the worst-case scenario is because most major insurance companies determine the amount of coverage that will be necessary to rebuild the dwelling and replace its contents. Unfortunately, when you buy liability insurance there is not as precise a measure of potential harm. As an las vegas injury attorney who has handled thousands of auto accident claims both on behalf of a major insurance company and on behalf of the injured victims, I would strongly advise you to maintain enough liability coverage to protect you and your assets in the event of a major automobile collision. You can also obtain what is called an umbrella policy which I will dedicate an upcoming blog to that type of policy. In a nutshell, an umbrella policy refers to a policy of insurance for liability that is over and above a.k.a. in excess of the underlying casualty liability policy. What this means is that it’s just another layer of coverage they can generally be purchased for a reasonable yearly cost from the same insurance company that you buy your auto insurance policy from and maintain. Most major carriers require a large underlying policy to purchase an umbrella policy. But the umbrella policy covers any accidents that may happen on your home policy and your auto policy. Traditionally most carriers require either a 100/300 or 250/250 policy in order to purchase an umbrella policy.

So, when determining how much automobile liability coverage you should have it is important to consider your underlying assets. If you have a large estate, for example if your home is paid for, you would be wise to have a large liability policy either 100/300 or 250/500 because if the damages of the people that you are involved in a collision which exceeds your insurance policy, they could get a judgment and potentially seize your personal assets including your home or bank accounts. A lawsuit could take a long time to resolve, and become it’s own hurdle to overcome. An asset protection lawyer will be able to assist you to navigate the legal proceedings with the best chance of securing a positive outcome.

This is very scary to think about and that is why purchasing insurance to cover your personal property in the event that you are an accident is extremely important. Years ago, people would sit down with an agent and the agent will discuss their assets and their needs and advise them as to what type of policy would best protect them. There are still many great insurance agents, and I would highly recommend that when you purchase your insurance policy you make an appointment to sit down with an insurance agent from a major carrier and discuss your insurance needs. They will assist you in purchasing your policies with your needs in mind. Unfortunately, many people buy insurance online, sometimes late at night, with an iPad. I find late night iPad surfing to be a great time to catch up on the news, it is not necessarily a good time to make major purchases like insurance. Although I say that with some sarcasm, it is the world we live in. We live in a world where people buy everything online and often times, we are doing so many things at once that we do not start to really look at the buttons we are pushing. We are just trying to get to the end and buy. However, when buying insurance, it is extremely important that you consider the needs of you and your family and the potential losses that could be incurred if you do not have the proper insurance coverage.

For example, let’s say you are driving home from work one night and you get a frantic call from a dear friend that tragedy has occurred in your family. As you were talking to your friend traffic slams to a halt, and you look up and before you know it you have struck the car in front of you at a high rate of speed and the car has been pushed into another car which has spun into the sidewall and now there are three or four cars involved in this collision that happened almost instantaneously. As you collect your thoughts and get out of the car and start to call 911, that is not the time that you want to consider how much insurance coverage you are carrying. It is important to consider these types of scenarios at the time that you purchase your automobile liability coverage. If there are more than two or three cars in a collision, damages can quickly exceed six figures. Again, I urge you to sit down with an experienced insurance agent when purchasing your car insurance.

At the Offices of TheOneLawyer.com, we have over 20 years of experience in the insurance litigation industry and are happy to discuss your insurance needs at any time. We are not insurance agents, so we do not promote any carrier, nor can we advise on cost of coverages, but we can discuss what you should be looking for when you go out to purchase your insurance and what type of coverages will cover the damages that you may be facing. For any questions regarding your automobile insurance policy coverages please do not hesitate to contact us at TheOneLawyer.com.

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

HOW TO OBTAIN A TRAFFIC ACCIDENT REPORT IN SOUTHERN NEVADA

FIVE THINGS TO KNOW ABOUT HOW TO GET A POLICE REPORT FOR AN AUTO ACCIDENT

You will need to check the jurisdiction of the accident on the Police “tape” they will give you at the scene. Take a picture of that tape;

For the City of Henderson, you can obtain the report at no cost at: Henderson Police Records

Attention: Traffic Accident Records

223 Lead Street

Henderson, NV 89015

For the LVMPD, you can obtain the report for ten dollars at:

LVMPD Police Records Section

Attention: Traffic Accident Records

Martin Luther King Blvd., Bldg. C

Las Vegas, NV 89106

For the City of North Las Vegas, you can obtain the report for $5 dollars at: 2266 Civic Center Dr.
North Las Vegas, NV 89030
Phone: (702) 633-1715

For the Nevada Highway Patrol’ you can obtain the report for a cost of $10 at:

Nevada Highway Patrol Records Section

Attention: Traffic Accident Records

Sunset Road

Las Vegas, NV 89118

How to Get A Traffic Accident Report

Clients come to us and often they have the police tape which is a receipt type paper that the officer will hand you at the scene of the accident. It is critical that you keep this piece of paper. In fact, I strongly advise that you take a photo of it, so it is not lost. This document which looks like a receipt contains the insurance information of the adverse driver, their driver’s license information, and Vin number of the vehicles involved in the accident. It also has contact information for insurance companies, Houston personal injury lawyer and the other driver. Clients often believe that this is the actual police report. In fact, it is not. The police use this information that they input, and they prepare a complete report which can be retrieved from the department who investigated the accident. In southern Nevada there are four primary departments that have jurisdiction over traffic accident.

The department that responds to the scene will be either the City of Henderson, the City of North Las Vegas, the Las Vegas Metropolitan Police Department, or the Highway Patrol most likely. The document that you are given by the officer will clearly indicate which department is responding and their vehicles will also be marked as well. It is important that you go to the correct facility to obtain your report. These agencies are not crossed so one agency will not have the report of another. For example, the City of Henderson will not have a police report that was prepared by the Las Vegas Metropolitan Police Department. For your convenience, below we have listed the information of where to obtain and how to obtain each report. At Law Offices of TheOneLawyer.com we are able to get started on your case immediately to get you the treatment you need, and your car repaired quickly with the simple tape that you were given by the officer. At TheOneLawyer.com we will obtain the report on your behalf. If you would like to get the full report, each agency has their own guidelines and locations.

Obtaining a Report from the LVMPD

The cost to obtain a Traffic Collision Reports from the LVMPD is $10.00. You can request the report at LVMPD Police Records Section 400 Martin Luther King Blvd., Bldg. C, Las Vegas, NV 89106 or online. Your request cannot be completed without these important an email address, a phone number with area code and an event number or date/time and location of accident to obtain a report.

Obtaining a Report from the City of North Las Vegas

The City of North Las Vegas is open Monday through Thursday 9:00 a.m. to 5:00 p.m. (closed holidays). The day after a holiday and Mondays are usually the busiest days. The records office is located at:

2266 Civic Center Dr.
North Las Vegas, NV 89030
Phone: (702) 633-1715

They have the option to request a report by mail. To make the request by mail, include a copy of your identification, a notarized letter with case number and/or any other pertinent information and a self-addressed stamped/postage paid envelope. If you are requesting a 911 call or photos, the return envelope must accommodate a CD. You must include all fees for the reports with the request. The Record Division for the City of North Las Vegas is open to request copies of reports or to obtain background checks Monday through Thursday from 9:00 a.m. to 5:00 p.m.

The following is a list of the fees as of April 2021 (personal checks are accepted)

Police Reports	$5.00 per report
Police Reports on Microfilm	$4.00 for first page, $1.00 each additional page
Photographs	$10.00 if on disc, $2.00 per page for color photos
SCOPE (Background Check)	$10.00
Employment Background Check	$10.00 – The employer must present a signed release from the employee for whom the background check is being conducted
Requests for 911 Calls	$10.00 each
Radio Tickets	$5.00 each
Witness Statements	$5.00 each
Miscellaneous Report Attachments	$5.00 each

Obtaining a Report from the City of Henderson

Traffic accident reports from the city of Henderson are available online, free of charge, at crashdocs.org. If the accident is still under investigation, it will not be available until the investigation is complete and the case is closed. Henderson Police accident reports are generally available online approximately 48 to 72 hours after the accident. They can also be picked up at 223 Lead Street, Henderson, NV 89015.

Obtaining a Report from the Nevada Highway Patrol https://nhp.nv.gov/Reports/Crash_Report_Request/

In order to obtain a copy of a Nevada Highway Patrol Traffic accident report of a collision that you were involved in, in Southern Nevada, you can go to 4615 Sunset Road, Las Vegas, Nevada or you can go online. Remember you will need to allow seven to fourteen business days from the day of the automobile accident for accident report to be completed and available for release. Also, please not that each accident report will cost ten dollars ($10) and five dollars ($5) for a photo CD. Accidents involving fatalities will take much longer as the investigation is much more detailed.

WHY YOU SHOULD HAVE MEDICAL PAYMENTS COVERAGE ON YOUR AUTO POLICY

FIVE THINGS TO KNOW ABOUT MEDICAL PAYMENTS COVERAGE

MedPay will pay your medical bills even if you are at fault;

Medpay will pay all co-pays from the accident if you have health insurance;

Medpay will pay medical bills without a referral from an accident even if your health

insurance does not or you do not have health insurance;

The average cost to have MedPay per month is generally an additional $2per month for $1,000 in coverage to $37 for $25,000 in coverage for $25,000 in coverage;

https://www.valuepenguin.com/medical-payments-car-insurance-coverage

Medpay will cover funeral or emergency out of network expenses which health insurance often does not cover;

Medical payments coverage, often referred to in the industry as MedPay, is a coverage that pays for medical or funeral expenses that occur because of an auto accident without referrals, deductions, or hassells. It is an optional coverage that is available when you purchase your auto insurance policy or can be added later. This coverage covers the person who purchased the policy called the policyholder, any passengers and family members driving or riding in the vehicle at the time of an accident. As will be outlined below, this policy can sometimes extend to cover injuries you sustained outside of the car as a pedestrian. Most importantly, this is coverage that it applies no matter who is at fault for the accident. This is critical. If you cause the accident, this coverage will be the only coverage available to help with co-pays or any medical bills if you do not have health insurance. In Nevada, the insurance companies must offer this to you when you buy your insurance.

The relevant statute is NRS 687B.145(3) entitled “Provisions in policies of casualty insurance: Proration of recovery or benefits; uninsured and underinsured motorist coverage; coverage for medical expenses; insurer not entitled to subrogation upon payment made because of underinsured vehicle coverage.” Which states:

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

Unfortunately, unlike the UM/UIM provisions, there is no reference in NRS 687B.145(3) to a waiver form requirement. In fact, the Nevada Supreme Court decision of Banks v. Progressive Northern Insurance Co., No. 2:12-CV-00861-KJD-VCF, 2012 WL 6697542 (D. Nev. Dec. 21, 2012), held that “if the Legislature meant to impose a written rejection requirement on MedPay coverage offers, it would have expressly so stated, as it did in NRS 690B.020 for minimum UM/UIM coverage.” Therefore, it is on the consumer to carefully decide if this is a coverage they want to purchase.

MedPay coverage in Nevada will pay your bills immediately. They will not ask for a referral or a discount, but they will pay your actual bills incurred up to the limit of your medical payments coverage. Frequently, people assume that the at fault driver will timely pay all their bills. Unfortunately, the adverse insurance company will not pay any bills directly. They will only pay to resolve the entire claim when your injuries and treatment have concluded. There may be a substantial period of time where you have outstanding bills that need to be paid before they go to collections.

MedPay coverage limits generally range from $2,000.00 to $25,000.00. It is important to maximize benefits in an auto accident. At the TheOneLawyer.com we have 20 years’ experience in making sure that our clients recover the maximum amount of money in their pocket and all their bills or timely paid.

WHY YOU NEED MEDPAY WHEN YOU HAVE HEALTH INSURANCE

Sadly, I have had clients tell me that their agent advised them they did not need MedPay coverage if they have health insurance. This was bad advice on behalf of their agents. Health insurance does not always pay your medical bills related to a car accident and they are entitled to be indemnified (aka reimbursed) out of your settlement. However, even if health insurance, it does “cover” all of your bills, Health insurance, as we all know, often will not cover certain events or there can be very large co-pays for out of network or “unauthorized” treatment. The ambulance bill is often only covered at a very small portion by health insurers and the remaining balance will go to collections quickly. Med pay is a coverage that covers this gap. MedPay coverage can offset those expenses and pay those co-pays while your health insurance picks up the remaining balance. MedPay can reimburse you timely for those deductibles so that you do not have to worry about getting behind on bills as the result of expenses related to an auto accident.

COST OF MEDICAL PAYMENTS COVEREAGE

MedPay is a coverage is reasonable and allows policyholders to choose a limit a.k.a. a maximum dollar amount that will be paid by your policy for your medical bills. It is generally not a very expensive coverage and can provide extraordinary peace of mind and financial security in the event of an automobile collision. Like anything else, there will be a slight increase in your rates for obtaining medical payments coverage. It is also important to note that it is a coverage you can add to your policy at any time. Call your agent or your carrier to discuss the cost of adding this coverage or go online to check. Value Penguin did research regarding the costs. Below are their finding of some examples of the additional cost added to a premium:

https://www.valuepenguin.com/medical-payments-car-insurance-coverage

CONTACT TheOneLawyer.com IF YOU ARE INJURED IN AN ACCIDENT

MedPay can work in any way that is best suited for your situation. As counsel for injured people, we maximize our client’s benefits and make sure that their bills are covered to the best available coverages in every situation. For example if our client has health insurance, we will reserve MedPay payments until all co-pays have been received to make sure that co-pays are promptly paid on behalf of our clients so that bills do not go to collections. If you are involved in an accident and you have MedPay coverage, it is always extremely important to work closely with your attorney to make sure that all bills are timely sent to counsel’s office. At TheOneLawyer.com,we work diligently to maximize our client’s benefits.

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

HOW TO HANDLE YOUR OWN TOTAL LOSS OF YOUR VEHICLE CLAIM

FIVE THINGS TO KNOW FOR A TOTAL LOSS CLAIM

Legally, if the cost to repair is more than 65% of the car’s value, it is a total loss;

The cost of painting the vehicle is not included in the repair cost for total loss purposes;

The cost of replacing electronic components in accordance with the specifications of the manufacturer does not count toward the repair cost for total loss purposes;

Although you may get to decide whether or not your car is a total loss, you have the right to argue the total loss call with the insurance company;

The fair market value of the vehicle is not a set number and is negotiable. The insurance company may try to tell you it’s not negotiable;

The insurance company may often tell you your car is a total loss and that you have no choice. However, if you believe your vehicle can be repaired and you do not want to have your vehicle assessed as a total loss, you have the right to challenge this decision. One of the most common misconceptions that we see in our office is what the meaning of total loss is in the context of an auto accident. Clients often think that total loss means they will get a new car. Unfortunately, that is not the reality.

Total loss claims can be difficult. The total loss of the vehicle often places an already injured victim in a very difficult predicament. The total loss of a vehicle does not mean that you receive a new car. It only means that you receive the fair market value of the vehicle that you owned. Often times, clients are even upside down in their vehicle meaning that they owe more than the vehicle is worth. If you do not have gap insurance on the vehicle, this means you could wind up with a car payment and no car. This is a position that we at TheOneLawyer.com desperately try to avoid for our clients. In those type of situations, we will vigorously argue the total loss assessment. Obviously, sometimes a vehicle is so violently damaged that there really is no choice but to call it a total loss. However, often insurance companies would rather assess a total loss then to attempt to repair and run the risk of finding additional damage once the repair has begun. For this reason, it is important to work with a stellar body shop and attorney to prevent being in the situation of having no vehicle and an outstanding car loan. Under Nevada law if the cost of repairing the vehicle exceeds 65% of the fair market value of the car it is considered a total loss by state law. In the state of Nevada, whether a car is a total loss is governed by Nevada Revised Statute 487.790. Specifically, NRS 487.790 states as:

NRS487.790“Total loss vehicle” defined.

1. “Total loss vehicle” means a motor vehicle:

(a) Of a type which is subject to registration; and

(b) Which has been wrecked, destroyed or otherwise damaged to such an extent that the cost of repair is 65 percent or more of the fair market value of the vehicle immediately before it was wrecked, destroyed or otherwise damaged, except that, for the purposes of this paragraph, the cost of repair does not include the cost of:

(1) Painting any portion of the vehicle;

(2) Replacing electronic components in accordance with the specifications of the manufacturer; or

(3) Towing the vehicle.

2. The term does not include:

(a) A nonrepairable vehicle;

(b) A motor vehicle which is 10 model years old or older and which, to restore the vehicle to its condition before it was wrecked, destroyed or otherwise damaged and regardless of cost, requires the replacement of only:

(1) The hood;

(2) The trunk lid;

(3) A fender;

(4) Two or fewer of the following parts or assemblies, which may be bolted or unbolted:

(I) Doors;

(II) A grill assembly;

(III) A bumper assembly;

(IV) A headlight assembly; or

(V) A taillight assembly; or

(5) Any combination of subparagraph (1), (2), (3) or (4);

(c) A motor vehicle, regardless of the age of the vehicle, for which the cost to repair the vehicle is less than 65 percent of the fair market value of the vehicle immediately before the vehicle was wrecked, destroyed or otherwise damaged, except that, for the purposes of this paragraph, the cost of repair does not include the cost of:

(1) Painting any portion of the vehicle;

(2) Replacing electronic components in accordance with the specifications of the manufacturer; or

(3) Towing the vehicle; or

(d) A motor vehicle that was stolen and subsequently recovered if the motor vehicle:

(1) Has no structural damage; and

(2) Is missing only tires, wheels, audio or video equipment, or some combination thereof.

3. For the purposes of this section, the model year of manufacture is calculated based on a year beginning on January 1 of the calendar year in which the damage occurs.

(Added to NRS by 1995, 1573; A 2003, 1911; 2005, 1245; 2011, 1663)

There is a lot of room for negotiation and argument within the terms of the statute. First, fair market value is always arguable. In order to determine what the fair market value of the vehicle is you can locate as many of the same vehicles for sale, referred to as comparables, to determine the sales prices. The bluebook is really no longer effective in determining fair market value. With the Internet fair market value is determined by the for sale of comparable vehicles.

Once the fair market value has been determined, there are qualifiers Built into the statute is the total loss statute regarding paint repair and component parts. This is an area that insurance companies often ignore. The cost of all paint repairs can be deducted from the repair estimate for purposes of the 65%. This can swing the value as to whether or not is a state loss under state law.

In addition to deducting the paint costs, many electronic component parts that may need to be replaced on your vehicle can also be deducted from the total loss repair cost in determining whether it’s a total loss. This is because replacing a part with a used part is just as effective and does not deter from the value of the vehicle or the integrity. These parts generally include starters, alternators, batteries, power windows, power steering, headlights and other exterior lights, windshield wipers, defrosters, air conditioning systems, computerized engine diagnostics, cooling system repair & services, emissions repair, Fuel system injectors, fuel pumps & lines, and even water pumps.

What this means is that if the cost to repair your car is more than 65% of the fair market value of the vehicle, excluding the cost of paint repairs and component parts, it must be declared a total loss by state law. As noted above, even though this definition may seem clear on its face, there are a lot of variables. These variables include determining what will be the actual cost to repair the car and deducting the appropriate exclusions under the statue.

CONTACT TheOneLawyer.com IF YOUR VEHICLE IS TOTAL LOSS

By contacting a lawyer immediately, you can receive the most money for your vehicle. At my office, we are happy to handle the total loss of your vehicle at no cost along with your personal injury claim. Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of total loss claims. With extensive experience in the insurance field, I can help you review your total loss to maximize the money you get for your vehicle.

WHAT HAPPENS IF YOU GET IN AN ACCIDENT IN A COMMON CARRIER LIKE AN UBER or LYFT

FIVE THINGS TO KNOW IF YOU ARE INVOLVED IN AN UBER OR LYFT ACCIDENT

Uber and Lyft coverage is excess to the at fault driver’s insurance;
The Uber or Lyft driver must be at fault for the commercial coverage to take effect;
If you drive for a TNC you must advise your insurance company to be covered;
Coverages are different depending on the stage of the ride-share;
Contact TheOneLawyer.com if you are involved in accident with an Uber or Lyft vehicle.

I often get asked about what happens if someone is in an accident while they are a passenger in an Uber vehicle. Common carriers like a Lyft and Uber are referred to as Transportation Network Companies (TNC’s). These are people who use their personal vehicles to transport passengers for a charge. Such rides are generally arranged through apps installed on the passenger’s phone or mobile device. The app allows the TNC drivers, partners and passengers to coordinate rides and receive payment for services made electronically directly to the TNC. The question arises as to what insurance is applicable in an accident when a driver is contracted and driving for Uber or Lyft or another common carrier. In this blog I will answer the most common questions regarding accidents involving Uber and Lyft vehicles.

How Is A TNC Driver Defined Under the Law?

There are several phases of TNC activity. Generally, a TNC driver starts their shift by logging into the app and advising the network that they are available to accept passengers for rides. Once the drivers have logged into the app, they will receive a request from a passenger and start their route to pick up the passenger. From that time, there is the point where the passenger enters the vehicle, and the transportation begins. Finally, the transport ends when the passenger is successfully dropped off at their destination. TNC drivers are not considered to be driving for the network when they are not logged onto the app. During those times they are on their personal time and not covered by Uber or Lyft coverage. Therefore, just because a driver does drive for Uber or Lyft during certain periods, if that driver is not driving for Uber or Lyft at the time of an accident their personal auto insurance and limits apply to the accident.

Insurance Requirements for TNC Drivers in Nevada

When an Uber or Lyft driver is not driving for the company, they are governed by Nevada law that all drivers are governed by to maintain liability coverage for bodily injury and property damage pursuant to NRS 485.185. That statute requires minimum liability insurance in the amount of $25,000 per person, $50,000 per accident and $20,000 for property damage. However, once the driver logs into the app and becomes available for rideshare services the insurance requirement changes. If you are going to be proving fault after a fall injury with the help of an attorney, you better get a good one.

Once the driver is logged in, coverage must be at least $50,000 per person and $100,000 per accident and $25,000 for property damage when they do not have passengers. This is the coverage that is required once the Uber or Lyft driver becomes available to accept passengers. However, once the driver is on route to picking up a passenger and until that passenger exits the vehicle, liability coverage is required at $1.5 million per accident. This coverage must be continuously provided by the company’s insurance coverage or the drivers insurance coverage. Uber and Lyft both have this coverage on their drivers in Nevada.

Does Personal Insurance Cover A TNC Driver?

The answer to this question is generally no. Your personal insurance will not cover you if you are driving for Uber or Lyft. In fact, it has become proper common practice for insurance companies to immediately ask when the accident occurred if anyone was driving for a common carrier at the time of the accident. That does not mean you cannot get coverage; it means that you must advise your insurance company specifically that you will be driving as a common carrier and they must issue you a policy as a common carrier driver. It is extremely important that if you are going to drive for Uber or Lyft you understand that you need to notify your insurance company and advise them of this new position. If you do not, it is the same as driving without any insurance at all while you are driving for Uber and Lyft.

If you take such a job, call your personal insurance immediately and tell them that you will be driving and make sure that you see your new policy in writing that they have added this to the policy. We have seen several cases over the years where clients have advised they notified their insurance company, but the insurance company claims they did not have notice, it was not updated in the policy and there was no coverage. Do not let this happen to you if you decide to drive for Uber or Lyft. Call your carrier, have them update your policy and make sure they email you an updated version of your policy so that you can see you are now listed as a common carrier driver.

What Coverages Are Available for Injured Victims in A TNC Accident?

If you were involved in an auto accident as a passenger in an Uber or Lyft vehicle or as a passenger in another vehicle which is not at fault and involved in a collision with an Uber or Lyft vehicle, the Uber or Lyft policy will be excess to the at fault driver’s personal policy. That means that the driver that is at fault should have coverage for the accident as a common carrier because they notified their insurance company of their common carrier position. The state minimum is $25,000 per person and $50,000 per accident. Once the policy limits of the at fault driver are exhausted, the Uber or Lyft policy will become viable and damages up to the limits of the policy will be available. Just as is the case with any accident involving non-common carrier drivers, it is always important to establish fault on the part of the Uber or Lyft driver in order to recover against the commercial policy of Uber or Lyft. If you or a loved one is involved in an accident, it is important to contact a car accident attorney or a motorcycle accident lawyer immediately to determine what policies are available to cover your damages and injuries.

Covid-19 Update: