Auto Accident

Unfortunately, car accidents happen each and every day, whether it is on the road or in a parking lot, parking garage, or even a driveway. When a car accident does happen, people generally call the police to come out and file a police report. Police reports are documents that are used during the insurance claim process after a car accident has happened. These police reports include basic information about the car accident including the location, the date and time, who was involved, and any other information that is important.

Vehicle Damage Rating

When a police officer is filing a police report, they will assess the damage done to the vehicles in the accident and include it in the police report. The police officer will assign a vehicle damage rating based on their findings, although not every police report will include this information. There are three different values that go into determining the vehicle damage rating.

• Direction of force: Represents the direction in which the vehicle was struck. Typically, this is a number that can be found on a clock. A vehicle that is struck directly from behind should receive a 6, a vehicle that is struck from the side should receive a 3, and the vehicle that is directly struck from the front should receive a 12.
• Damage description: Typically a series of letters that describe the location of the damage to the vehicle or the type of collision. For example, a vehicle that suffers a head-on collision will receive the letter F, and a vehicle that suffers a rear-end collision will receive the letter R.
• Severity of damage: This represents how much damage a vehicle has endured. Typically, the number scale is between one and six. The more damage a vehicle has endured, the higher the number will be.

Four Car Damage Categories

When the insurance company is looking into the accident, an inspector will evaluate the damage done to both vehicles. Typically, the inspector will classify the vehicle damage into one of four categories. The four different categories are:

• N: The at-fault party’s insurance company wants to see the vehicle labeled in the N category. This consists of minor vehicle damage, such as a broken tail light. Typically, the car does not have any substantial damage, like a ruined body or frame. The owner of the vehicle should still be able to drive the vehicle safely. However, if there are minor damages like a broken tail light, the owner should get it fixed before driving on public roads.
• S: In category S, the vehicle has sustained major damage, although it can be repaired. The vehicle could have a ruined body or frame, but can be salvaged by a professional. The owner of the vehicle is not allowed to drive the vehicle until a licensed mechanic has repaired the vehicle.
• B: In category B, the vehicle cannot be driven again due to the amount of damage. Now, the vehicle is only good for selling the parts. If your vehicle has been categorized in category B, your insurance company will not allow you to remove the parts, and a salvage yard will get rid of the pieces.
• A: In category A, the vehicle has been completely ruined because of the wreck and no one can remove or sell any parts of the vehicle.

How Does a Police Report Affect Your Claim?

The insurance company will conduct investigations when notified of the car accident and will want to see the police report. The claims adjuster does not have to accept any information within the police report. They can come out to inspect your vehicle themselves and determine the category themselves. The claims adjuster may think that the vehicle is more damaged than the police officer, or vice versa. Overall, the police report is a good place to start with receiving compensation for your vehicle.

If you go to court due to a car accident, a police report can be very critical with strong evidence of the car accident. If you or a loved one has been involved in a car accident, it is important that you protect your rights to compensation. At Richard Harris Law Firm, our attorneys have had years of experience dealing with motor vehicle accident cases. If you are dealing with a motor vehicle accident case, reach out to us for help and a strong defense to ensure compensation.

The majority of motor vehicle accidents are the result of poor decision making on one or both drivers’ sides, such as failing to yield/right of way, speeding and reckless or distracted driving. In some circumstances, accidents are caused at no fault of the drivers or pedestrians, but rather poor road conditions and obstacles caused by bad quality roads. This may lead to accidents resulting in injuries to drivers, passengers and pedestrians. Rather than placing the blame and liability on those in charge of road upkeep and local government, insurance companies tend to try to place blame on the driver.

Bad Quality Roads and Poor Road Conditions

According to The American Society of Civil Engineering (ASCE), Nevada’s roads were given a C rating on their infrastructure report, last updated in 2018. The report states that 90% of the state is considered rural, as well as that 80% of the land area is owned by the federal government. In Nevada, there are nearly 100,000 lane miles NDOT, with an overall average road condition of “fair” grade. The report addresses the ongoing initiatives and effort to improve Nevada’s infrastructure. In fact, the authorization of Fuel Revenue Indexing in Clark County, scheduled to continue for the next 5 years and goes through 2026, has allowed Nevada to address overdue needs for poor quality roads and bridges projects.

Accidents Caused by Bad Quality Roads

Poor quality roads and unpleasant conditions may lead to more than just a bumpy car ride. Potholes, uneven surfaces, cracks in concrete, exposed rebar and other unsafe road conditions may result in extra dangerous roads or driving conditions, and may ultimately result in additional accidents. Dangerous road conditions may result in flat or bursted tires, causing a vehicle to veer or swerve unexpectedly into another lane, or even worse, colliding with other vehicles on the road or highway. It may not seem all that dangerous, but uneven roads could result in a driver, or multiple drivers, losing control of their vehicle and leading to a motor vehicle accident in which any drivers, pedestrians or passengers involved could suffer from life-altering injuries.

Common Injuries

Unsafe road conditions and damaged roads may lead to serious injuries or fatalities, such as:

• Brain injuries or head trauma
• Neck or back injuries
• Broken bones or spinal injuries
• Internal injuries and bleeding

Not only will serious injuries caused by bad roads result in an unexpected trip to the hospital or emergency room, but it often can result in surgery, medical treatment and an extended hospital stay, all reeking havoc on your financial stability.

Other less life-altering accidents may result in more minor injuries, such as:

• Neck or back pain
• Headaches or a concussion
• Tingling and loss of feeling in the extremities
• Whiplash and spinal injuries resulting in lack of some mobility

Claims and Motor Vehicle Accidents Caused by Bad Roads

If you or a loved one was involved in a car accident resulting from poor quality or dangerous road conditions, you may consider contacting the police after your accident. The officer responding to your call may complete an incident report regarding the factors in the accident and those involved. It is wise to bring the poor road conditions to their attention, if it was indeed something factoring in the accident, as they will want to take note of the problem and include it in their incident report. Also, take a video or photo of the poor conditions. These little details that may seem minor at the time of the accident may also help you later as you file a claim or desire to receive compensation.

Following a motor vehicle accident, any injured drivers or passengers may file a legal claim against those liable and responsible for condition causing, or factoring into, the car accident. There may be additional requirements for a claim against the government, as they may require more details or proof to claim damages. Timeframes for claims may differ depending on the severity of the injury or damage caused by an accident from poor road conditions.

Car accidents can be scary. We don’t want you to feel like you have to go through these trying times alone. Partnering with a personal injury professional will allow you to better understand what is needed for your claim and they can help you walk through the process, so you can meet the requirements and timeline for submitting documentation for potential compensation. If you or a loved one is involved in a car accident, especially where bad road conditions and unsafe roads are a factor, we’re here for you.

When you’re in a motor vehicle accident, you may be injured and are dealing with property damage. To worsen the impact of your accident, a new or leased car may result in additional expenses and paying the remaining balance on your car loan, even if it is totaled during the accident.

What is a Totaled Car?

The term “totaled” regarding motor vehicle accidents may differ in states depending on the specific damage threshold. In Nevada, a totaled vehicle is defined by damage exceeding 65% of the car’s fair market value.¹ In a motor vehicle accident resulting in a totaled car, the cost of the repair is 65% or more of the actual value of your car. If the number is less than 65% of the actual value of your vehicle, before the accident, you’ll be offered a vehicle repair. If the number is equal to or greater than 65% of the actual value of your vehicle, your car will be declared “a total loss” or totaled. The value of your car is calculated by looking at the value of your car right before the accident, not what was paid, the car loan amount or cost of a replacement. Don’t stress thinking this calculation is your responsibility, this will be determined by your insurance company. A roll-over accident might incur this type of damages.

What Will My Insurance Company Do?

In the instance of a total loss, your insurance company will offer you a settlement check, but whether the amount is fair or not is a different issue at hand. A personal injury lawyer can be your go-to partner in moments that are uncertain or confusing when dealing with your insurance company.

With Nevada’s minimum required insurance coverage for drivers, your coverage may only cover the damage that you cause to others’ vehicles or people. If you are liable and at fault in a motor vehicle accident, the required insurance coverage doesn’t include payment for you and your injuries. If you have a more robust insurance coverage plan, such as collision and comprehensive coverage, your insurance company should pay for any damages up to your policy limit, but you may have a deductible you must pay and meet prior to receiving the compensation you deserve from your insurance company.

What if it is a Leased Car or Purchased with Financing?

Unfortunately, if your leased car or car purchased with a car loan and financing plan, you are still responsible for paying off the remaining balance you owe on the vehicle.

When Should I File A Lawsuit?

If you or a loved one were involved in a motor vehicle accident in which the other driver was clearly at fault, you may receive a phone call or correspondence from the driver’s insurance company. Here, they may ask to hear your side of the story and what was the cause of the accident, how you are feeling and other information relevant to the accident. It is important to know that you are under no obligation to provide a detailed or official statement. Insurance companies take into account what is best for them and the premiums paid by a client involved in a car accident, so they can be tricky and look for excuses to compensate you early, paying less than what you may be able to receive for your claim. Fast resolutions can be enticing, but not if it’s far less than you deserve for your medical bills, lost wages, and property damage – they can be dangerous.

Is What the Insurance Company is Offering a Fair Settlement?

It’s important to determine if your insurance company is giving you a fair and reasonable amount of compensation for your totaled vehicle. Online search tools are a way to roughly estimate the value of your vehicle prior to the accident, including vehicle modifications and upgrades, but it is always safer to have a knowledgeable and experienced lawyer on your side during these uncertain and life-altering times. An online calculation tool may be a good place to start and helpful in solely working with your insurance company, but a skilled lawyer will be your key partner in facing any lawsuit or the courts.

If you or a loved one is involved in a car accident, we’re here for you. Not only are they worrisome and daunting to face alone, but when property damages and totaled vehicles play a role in the scenario, it can be a sticky situation to try to navigate alone. We always recommend finding a trusted and experienced personal injury lawyer who knows the ins and outs of dealing with insurance companies every day, as they can be very helpful in determining if the compensation they are offering is worthwhile for you. You should never feel like you have to go through it alone. Turn to our team of experienced lawyers and we will work with you to get the compensation you deserve.

Any car accident may leave a driver or passenger anxious and unsure of how to handle injuries or property damage, but if an auto accident occurs on one’s private property, it may be even more difficult to determine damages and who is liable in the claim. This may pose an additional stress factor as claims regarding accidents that happen on roads and highways have a more straightforward process.

Whether you or a loved one are involved in an auto accident, there are many considerations to be taken, especially when it occurs on private property. Finding a trusted lawyer and understanding how liability works will lead to more success in recovering losses.

There are several ways auto accidents occur on private property, including:

• Careless Driving – If you drive without taking necessary precautions, such as checking your mirrors or surroundings before switching lanes, swerving or changing lanes without properly using turn indicators in your vehicle, you may play a role in accidents due to your careless actions while operating your vehicle.
• Distracted Driving – A common factor in many auto accidents is being distracted. Whether you are texting, reading emails, eating, or messing with your radio/GPS system, when you take your attention from the road, you may easily find yourself involved in a collision.
• Driving Under the Influence/Impaired Driving – Although this is a very avoidable instance, many drivers still operate their car under the influence of alcohol and/or other drugs, resulting in life threatening accidents and injuring to all involved.
• Tailgating and Lack of Signage – Whether you’re running late and following the driver in front of you right on their tail, or assuming signage is appropriately labeled in a parking lot, accidents happen. Stop signs or right-of-way signage may not be properly identified in a lot and tailgating on top of that may lead to unexpected rear-end or t-bone collisions.
• Uneven and Unsafe Surfaces – Asphalt and lot conditions are not always maintained and kept safe. Potholes, ditches and other obstructions may result in auto accidents on private properties.

No matter when or where you’re driving, you should always practice safe and alert driving skills, ensuring you are aware of your surroundings and other drivers on property to avoid auto accidents.

When Should You Call the Police?

If you or a loved one is involved in an auto accident on a public property or road, you should call the police or first responders first, to ensure everyone is safe and injuries are minor. An accident report is always needed and the report will be vital in treatment for your injuries and your claim if another driver is at fault and liable. Realistically, the police report for your auto accident may be the deciding factor or proof needed for you to be fully compensated for your injuries sustained in the auto accident or being stuck paying your own extensive medical bills.

When you or a loved one is in a wreck on private property, police do not have the jurisdiction to complete a police report, as the location is not a public roadway or transportation route. In this situation, you could get an incident report for the auto accident, but oftentimes these reports are fulfilled by security guards, gate guards or other employees working on-property. An incident report is a simple, less extensive version of a police report. It is always better to get something in writing following the accident than nothing, as it may help you in proving the fault of the accident and injuries.

Who is Responsible for Auto Accidents on Private Property?

This is a major differentiating factor between accidents on public property versus private property. If involved in an auto accident on a public road or property, the owner of said public property (the state) typically isn’t liable at all, even if highway and road conditions played a role in or caused the accident. On the other hand, if an accident occurs on private property, the property owner may be held partially responsible or included as a party involved. If blind spots, narrow parking spaces or corners play a factor in your private property accident, some liability may fall to the owner of the parking lot, business complex or garage management.

This is very often why property owners tend to get involved in disputes between the parties involved in the accident. Property owners may feel obligated to help or more willing to assist if they know and understand that they may be partially responsible and liable for the accident and they may have access to security footage or other details playing a factor in your claim.

What Should You Do After an Accident on Private Property?

This can often be difficult to navigate and decipher, as there is a wide variety of conflicting advice for what to do following an auto accident on private property. First, contact police or the property owner to determine from whom you may get your incident report from. If injuries are sustained from such an accident, it is always wise to seek medical attention. The first thing you should do is contact the police to see if they can at least give you an incident report, and if they can’t, try to get one from the property owner or someone who works at the property.

If you or a loved one is involved in a car accident in Nevada, as a driver or passenger, on a private property, it is always wise to find a trusted and experienced personal injury lawyer who knows the ins and outs of dealing with insurance companies every day. Their experience may help alleviate the stress of your situation as they do their part in fighting for the compensation you deserve. We never want you to feel like you have to go through it alone. Turn to our team of experienced lawyers and we will work with you to get the compensation you deserve.

Do police reports matter in car accidents? Whether your car accident is minor or results in serious injuries, it is always wise to request a police report. Police reports are essential evidence for your auto accident case. What is a police report? Following a car accident, a police report is a documentation written and compiled by the officer who arrives at the scene of your car accident. Here, law enforcement reports on all relevant details or any factors regarding your car accident. These reports might look a bit different depending where you were, like Denver or Las Vegas.

Why Do Police Reports Matter?

If you or another passenger were injured in an auto accident, a police report is very helpful in outlining the details of the incident. For example, any injuries or property damage claims that need to be filed with the negligent driver’s insurance company will require a police report. This is a standard request before any compensation or settlement is disbursed by an insurance company. Police reports do not solely focus on injuries. In fact, if you have no physical signs of injury right away–you should always file a report with the police following an accident. Police reports are crucial when no injuries occur, as well, especially if the accident resulted in any vehicle or other property damage. At the very least, a police report is needed to submit to your own insurance company when filing a claim for your vehicle damage and tentative repairs needed.

In many cases, symptoms or injuries following a car accident take days, or even months, to appear. Rather than assuming you are completely fine after an accident, even if you do not need to involve an insurance company or file a claim, you should always call the police. Making a police report in these instances allows you to have the written report for your records and insurance claims, but may also assist if injuries or symptoms arise following the accident. It is difficult, or impossible, to know if you will experience pain and symptoms a month after an accident, especially if you do not feel them when the accident occurs.

It is very common for some injuries to show up days, or even weeks, after your car accident. Here are some delayed medical conditions you may experience:

• Whiplash
• Headaches
• Neck pain or stiffness
• Back pain or spinal cord injuries
• Concussions
• Brain injuries or internal bleeding

It is unsettling knowing that injuries such as these may take time to make themselves known. By always reporting your accident to the police and making a police report, this strengthens your case if any of the previously listed or other medical conditions happen to you. Allow yourself to have the additional evidence or testimony from a trusted source, just in case.

What Do Police Reports Typically Contain?

Officers understand the importance of their reports and are thoroughly trained in the important factors to include in their reporting. In their training of car accident assessment, they gain extensive experience in types of collisions that occur, injuries that may result, and the factors that may have played a role in the car accident. This detailed report that they provide will include any detailed information needed to file your insurance claim or serve as evidence in your case, especially if injuries were a result.

The police report may record the contact information of both drivers, their insurance companies, and any witnesses of the accident. This portion of the report is vital, as this information is required in filing any claims to insurance companies. Including information regarding the witnesses allows them to be used as resources if there are any questions or disputes surrounding what happened during the accident. Officers may not report on your witnesses in thorough detail, so it is always wise to get contact information from your witnesses, prior to them leaving the accident scene.

Some factors that may be notated or communicated in your accident’s police report, other than contact information, include:

• Basic accident details: Time, date, and location of your accident
• Drawings or diagrams of the accident: Point of impact, cars involved, etc.
• Photos: Injuries, damage to vehicles, location of the accident, etc.
• Statements from both drivers: What happened from both points of view
• A narrative of the accident: Events causing, or leading up to, the collision
• Injuries: Any injuries or pain you, your passengers, or anyone from the other vehicle(s) are experiencing
• Damages: Any damage to your vehicle, the other vehicle(s), and other property involved in the accident
• Environmental conditions: Weather report, road conditions, other environmental factors that may have played a part in the car accident
• Conclusion: Any concluding remarks based on the details of the accident, also, it may report who is the at-fault driver

Whether you or a loved one is involved in a car accident, it is essential to file a police report and partner with a team of personal injury professionals you can trust. Auto accident cases may be scary and complex, and you shouldn’t go through it alone. There’s a lot on the line. Turn to our team of experienced lawyers and we will work with you to get the compensation you deserve.

Auto Accident Series (Supplemental 1)

If you were injured while a passenger in a vehicle when an accident occurred, you probably have a valid claim to recover damages to cover your injuries.  You should contact the lawyers of the Richard Harris Law Firm to review details of your claim to determine your settlement options.

Passengers in vehicles involved in auto accidents, unless they were a direct cause of the accident, are considered “fault free” and in most cases are eligible to claim for damages to cover medical bills, prescriptions, lost wages due to time off from work to recover from their injuries, out of pocket expenses, and pain and suffering.  Other losses may also be covered.  It is important to consult an attorney if you were injured due to an accident while you were a passenger.

The Single Vehicle Crash

The driver of a vehicle is responsible for the safety and wellbeing of any passengers in the vehicle at the time of an accident.  If the driver is liable for a single vehicle crash, you may have grounds to file a claim against the driver.  If you are a member of the driver’s family and live in the same household, you are most likely already covered by the driver’s insurance policy and it is possible you may not be able to sue in that case, however your lawyer will be able to advise you of any other claim options which might cover your injuries.

If you are not an immediate family member living in the same household, and therefore not covered under a family policy, and the driver acted in a negligent manner which led to the crash, you may sue the driver for injuries you suffered due to the crash.

The Multi-Vehicle Vehicle Crash 

In a collision that involved two or more vehicles, an injured passenger may be able to make claims against all drivers found liable in the accident.  Insurance coverages in this case may be determined by the percentage of fault attributable to each driver in the accident.  The insurance companies in such a claim may not be able to come to agreement as to the percentage of liability of each driver, which may delay your claim.  Your lawyer will file appropriate lawsuits to protect your rights and obtain the appropriate benefits for you.

Types of coverages available for passengers

Liability Coverage – Liability coverage is the primary source of most auto insurance claim benefits.  In Nevada, drivers are required to carry 25/50/20 at a minimum.  This means that a maximum of $25,000 is covered per person per accident up to a maximum of $50,000 per accident.

Medical Payments Coverage (Med Pay) – Medical Payments coverage is not required in Nevada, but is offered as an option; however, many drivers have this coverage, and you may have it on your own policy.  Med Pay is sold in $1,000 increments and is quite inexpensive.  It is also no-fault, meaning that regardless of the fault of the driver(s) involved in a vehicle crash, Medical Payments coverage may be used to pay to co-pays and other expenses that a medical insurance policy will not cover.  For more information on Med Pay coverages see our previous article.

Uninsured/Underinsured Motorist Coverage (UM/UIM) – If the liable driver is uninsured, then your driver’s UM/UIM coverage, may be a source of funds to cover your medical expenses.  UM/UIM coverage is relatively inexpensive and covers the same amount as your driver’s Liability Coverage.  This coverage is obtained by a YES/NO question on your application for insurance and carries the same limit of liability as your liability coverage.  From our example above, at state minimum liability coverage UM/UIM will provide $25,000 of coverage, if the liable driver did not have insurance, or did not carry insurance.  For more information regarding UM/UIM see our previous article.

These are basic coverages, however, if there may be other sources of insurance benefits your lawyer will know how to pursue.  They will see to it that claims are filed to obtain benefits from all available sources due to an injury accident while you are a passenger.

The Richard Harris Law Firm represents Passengers injured in Auto Accidents

Insurance coverages can be complex.  When you’re a passenger who was injured in an auto accident, you should consult with an attorney regarding your case in order to obtain the highest amounts of insurance coverages available to cover your losses due to the injuries.  The lawyers of the Richard Harris Law Firm are skilled and determined to obtain all the benefits to which you are entitled as a passenger.  Call our office today to discuss your case and set up a free initial consultation at (702) 444-4444.

This post concludes the Auto Accident Series.  We hope you’ve enjoyed the information presented in this series of articles.  This subject matter is very complex, and we are limited by space to only be able to present thumbnail explanations of many of the subjects discussed in this series.  The most important concept given throughout this series, is to follow your lawyer’s directions throughout the process.  He has the experience in this field and has proven to be a successful lawyer in order to selected by the Richard Harris Law Firm as an attorney.

Review

As a review of this series we have considered the following subjects since the beginning of this series.

1. The Auto Accident – we discussed what happens at the accident scene and actions you can take to strengthen your case
2. The Insurance Company’s Objectives – we reviewed how our objectives and those of the insurance company differ, and what to expect when dealing with them.
3. When and How to Select the Right Lawyer – Not every case needs a lawyer, but if you are injured, you should have one…some thoughts on selecting the right lawyer
4. The Initial Consultation – We covered things you should bring to an initial consultation and what to expect when you meet with our firm the first time.
5. Communications with the Firm – Once you’ve become a client of the firm, communications between you and your case manager or lawyer are critical. We covered some unique ways the Richard Harris Law Firm has provided for clients to do so.
6. The Legal Process of an Accident Claim – From start to finish, these are the steps from accident through resolution
7. Social Media influence on Auto Accident Cases – You can lose a case due to social media…don’t let it happen to you.
8. The Accident Demand – What’s included and how we present your claim to the insurance company
9. Negotiating an accident claim – Your lawyer and the insurance company will present claim and counter claim until agreement is reached. If not, there are other options.
10. How is settlement distributed – Assuming your come to an agreement, this is how the proceeds will be distributed
11. Do I consider litigation? – If unable to come to a resolution there are several alternatives which all include filing a lawsuit
12. Alternate Dispute Resolution – Mediation and Arbitration – Among the many litigation activities, Alternate Dispute Resolution methods are encouraged prior to trial
13. Taking a Claim to Court – If all efforts fail, court is the final body who will make a decision and enforce it.
14. Summary – This article

We’ve covered a lot of ground over the last several weeks, but hopefully this has given you the resources you need to better understand the process, and how an attorney can assist with your case.

Future Installments of this and other Series

As the auto accident legal process changes, or as the laws evolve to meet current conditions, we will keep you informed with additional Auto Accident Series (AAS) articles.  Thanks for following along with us on this journey and we will present other Series-style articles for other complex legal subjects in the future.

The Richard Harris Law Firm represents those injured in Auto Accidents

If you’ve been injured in an Auto Accident, because of the other driver’s negligence, we want to discuss your case.  Call our office today to schedule a free consultation at (702) 444-4444.