Why Tourists Lose $ After a Las Vegas Car Accident

Most people who visit Las Vegas as a tourist don’t come to lose money from an accident, they come to take a gamble and win at the casinos, even though most lose.

Losing money playing Blackjack or Craps is considered fun or entertainment but losing money because you were involved in a car accident isn’t something anyone had in mind when going on vacation in Las Vegas.

People never go on vacation and expect to be involved in an accident or get injured while on vacation. Unfortunately being on vacation when an accident occurs can be significantly more expensive to the victim than if you lived in Nevada. There are many reasons for this including logistics, out-of-state vs. in-state medical attention and bills, and Nevada insurance and laws.

These things can mean extra out of pocket expenses for a tourist who is involved in an accident. Besides being out of your element and not sure of what to expect after an accident in Las Vegas you now have to pay more out of pocket and attempt to litigate an accident claim from another state.

If you’re involved in a car accident in Las Vegas you have to have an attorney who has passed the BAR exam in Nevada and can practice law in Nevada even if you live out of state. You must have a licensed attorney in Nevada even if you have another lawyer from your home state.

Accidents can be expensive even for people who are in their home state when they happen, but for someone who is a tourist on vacation the expenses can become much higher with additional costs adding up because of your out of state status.

Why Out of State Accident is Costly?

Accidents are expensive no matter where you live but they become more expensive when you’re a tourist on vacation in Las Vegas because of several reasons.

1. Logistics and Travel- First if you’re injured in an accident and you’re hospitalized your loved one may remain in a hotel room for extra time to stay with you. That might also include keeping a rental car and changing flights as well as meals and other expenses associated with staying extra time while staying with you. Also after the accident you may need to return to Las Vegas if there is a personal injury lawsuit for depositions, medical evaluations, and court dates. The victim might have to pay for expenses up front and sometimes might be eligible for reimbursement depending on the settlement.
2. Lost Wage Proof- Getting information in Las Vegas for a Las Vegas or Nevada resident is much easier than getting that same information from an out-of-state accident victim. When it becomes harder to verify income from another state, thousands of dollars can be lost and never fully recovered because your attorney might have to make an assumption or use  other information to make an educated guess about your income when filing your claim. If the information is not correct at the time of filing then you could lose thousands in the settlement for misinformation.
3. Rental Car expenses- If your accident happened in a rental car while on vacation in Las Vegas the rental car company will need  to make repairs to the vehicle or total it altogether depending upon the severity of the accident. The car may also need to be towed or impounded based on the accident. Some of these expenses might need to be paid up front in order to get the rental car back to the rental company in a timely manner and repaired. Also if you didn’t have enough coverage for the rental car company you may be held responsible for the difference. If the rental car is impounded the costs for storage can add up to thousands of dollars quickly. These fees may be reimbursed by the at-fault parties insurance but that might take some time and not all rental car accident related expenses may be reimbursed.
4. Medical expenses and out of state/out of network- If you are involved in a car accident you may be taken to the nearest local hospital for emergency treatment. After the initial medical treatment you may head home to your home state and need further treatment. Most insurance companies have doctors they work with within a network and most are in the state of the insurance policy and therefore the accident. If you head to your home state and need further medical treatment you may need to pay out of pocket for your medical expenses out of state until the settlement is reached and all out of pocket expenses may not be reimbursed or covered.
5. Out-of-state insurance discrepancies- Being from out of state your insurance policy may differ from an in state Nevada local. If the accident involves a vehicle with minimal required liability insurance in Nevada and your bills are higher than their policy limit you may absorb the cost of the difference unless you have a good underinsured motorists policy in your home state.
6. Modified Comparative Fault Law- In Nevada it is a law that settlements are based on a percentage at fault. If one driver is less than 50% at fault they can still recover damages based on that percentage. The one driver is more than 51% at fault they cannot recover damages. For example if you are 40% at fault and the other driver is considered 60% at fault, the 40% at fault driver can recover damages less than 40%. If they are awarded $100,000 they would only receive $60,000 based on the comparative fault law. Since 40% of $100,000 is $40,000 the final settlement would be $60,000 or $100,000-$40,000.

Even though some expenses cannot be reimbursed or recovered others can with the right lawyer.

Local Attorney if I was Injured in a Las Vegas Accident?

When you’re filing a personal injury claim in Nevada after a car accident you need a local attorney who has the right to practice law in Nevada. You can hire a local attorney in your home state but they will have to work with a local attorney anyway so your best bet is to go right to source and hire a local lawyer who knows the laws and court landscape in Nevada.

The Richard Harris Law Firm takes cases from all over the country and will do their best to not have you return to Nevada necessarily. The Richard Harris Law Firm can do most of the work for your lawsuit over the phone without creating undo expenses for our out of state clients.

We have been representing clients for over 4 decades in Nevada. We represent clients from all over the country while recovering over a Billion dollars for our clients. We take cases on a contingency basis so we take no fees up front and only take fees when we win your claim.

Having a local Nevada based firm for your local accident can be time and money saving even if you’re living out of state. The Richard Harris Law Firm will handle as much of your case as possible without having you come to Nevada.

If you have been injured in a car accident and are an out of state resident you need a local lawyer who can help you, call The Richard Harris Law Firm today for an over the phone consultation appointment.

FAQ’s

Q:Does my home state insurance cover an accident in Nevada?

A:We assume our insurance will cover us in an accident anywhere. This is false for many reasons including different state coverage and policies. Rental cars also can result in an issue of insurance if your policy doesn’t have the limits needed for rental coverage or if you choose not to buy their coverage you may not have enough coverage.

Q:Does the state where the accident occurred matter more than that state I live in?

A:The state where the accident occurred matters more than where you live. The accident occurred in Nevada so Nevada law will prevail over the state where your license and insurance are located.

Q:What happens if  the other vehicle is a rental car?

A:If you are involved in an accident with a rental car the case may become much more complicated by lawyers of insurance, third party insurance like through a credit card company or denials of coverage. This can leave the victim to long and costly litigation.

Q:Should I give my statement to the insurance company?

A:Without legal representation in the state the accident occurred in you should never give a statement to an insurance adjuster. The insurance company will use anything against you to dismiss or reduce your claim as much as possible. Only give a statement with legal representation.

Q:How long do I have to file a claim for an accident in Nevada?

A: Generally the statute of limitations is two years to the day of the incident. If you spend too much time with out-of-state issues you could lose your right to compensation.