Nevada follows the modified comparative negligence rule, known as the “50 percent rule.” Under this statute, insurance companies, judges, or juries determine the degree of responsibility for all parties involved in a car accident. A party cannot collect compensation if the fault exceeds 50%.
Modified comparative negligence impacts the value of settlements and compensation awarded at jury trials for those eligible for compensation. Insurance companies, judges, and juries reduce the compensation based on the degree of fault. For instance, if you’re awarded $100,000 but found 50% responsible, you’ll only receive $50,000.
This law can muddy the waters when settling a car accident claim, especially when teenage drivers are involved. Insurance companies often blame teenagers since they lack experience, even when they aren’t at fault. Find out how to maximize the settlement for your teenager after a vehicular accident.
Gather Evidence at the Scene
Insurance companies, attorneys, judges, and juries review evidence to determine fault. You or your teen should gather evidence at the accident scene before the vehicles are moved.
If possible, visit the scene immediately to take photographs of the vehicles and accident scene from all angles. You can also record videos to show the driving conditions during the accident. Instruct your teenager to gather this evidence if you can’t make it to the accident scene.
If your teenager has visible injuries, photograph them while still at the scene. Also, speak to any witnesses that you or your teenager encounter. Ask for their names and contact information so your attorney can reach them when investigating the accident.
Finally, speak to your teenager and make a note of observations that may have contributed to the accident. For instance, your teenager may have noticed the other driver texting before the accident.
Take Your Teen to a Doctor
Teenagers don’t always communicate their symptoms clearly, and some injuries don’t cause symptoms immediately. For example, head injuries might initially cause subtle symptoms only to worsen over time.
Even if your child doesn’t complain of injuries, still visit a medical provider for a complete evaluation. Prompt medical care will also allow you to understand the full extent of your teen’s health condition.
A checkup can also help with your teenager’s car accident claim. Waiting will allow the insurance company to say that the child is malingering or exaggerating the symptoms.
Keep Records
Injuries from an auto accident can impact your family’s finances and your teen’s mental health. Keep records detailing all the money you have spent due to the accident. This could include the cost of traveling to doctor’s appointments, medical bills, and lost wages if your teen has a job.
Your son or daughter may also be eligible for compensation for non-economic losses. Monitor your teen and document their mental, emotional, and physical state. You can use this as evidence to support pain, suffering, and emotional distress claims.
Keep Your Teen Off Social Media
Teenagers dedicate an average of 4.8 hours daily to social media, and that’s a problem when making a car accident claim. Many insurance companies conduct cyber surveillance as part of the investigation process. They look for photos, comments, status updates, check-ins, and other information that could contradict your teen’s statements.
For example, assume that your child posts about playing football after filing a claim for a back injury. The insurance company can use that to reduce the settlement or deny the claim.
Even something as minor as checking into different locations can harm your teen’s car accident claim. Insurers could say that their activity level doesn’t align with the reported injuries. With so much at risk, avoiding social media is best until your teen’s case concludes.
Be Mindful of All Public Actions
Insurance agents can also use investigators to surveil your teen after submitting an injury claim. Investigators can take photos and videos to use as evidence. They also might create written reports detailing your teen’s actions and activities.
Keep your teenager indoors as much as possible while negotiating or litigating the claim. When outdoors, ensure your child doesn’t do anything that contradicts the claim or goes against medical advice.
Request a Traffic Collision Report
Notify police immediately after the accident so officers can come to the scene and make a report. If you aren’t on the scene, instruct your teenager to make a factual statement without admitting fault. Teen drivers aren’t as experienced as adults, so they might think they caused an accident when they don’t share any responsibility.
You can request the Traffic Collision Report online 10 days after it’s filed. Reports cost $12 and can be picked up in person or delivered via email or U.S. mail.
Avoid Speaking to the Insurance Company Without an Attorney Present
Insurance companies have a vested interest in limiting their customer’s responsibility. Even assigning 1% fault to the other driver lowers the settlement amount. Sometimes, companies employ underhanded tactics to reduce their client’s responsibility, such as getting injured parties to sign inaccurate medical reports or admitting to actions that didn’t occur.
While you can report your teen’s accident to your insurance agency, you shouldn’t speak directly to the other party’s insurer. Instead, have an attorney handle all communications.
Don’t Settle for Less Than You’re Owed
Your attorney will review the evidence to determine your teen’s degree of fault, if any. Then, the attorney can negotiate with the insurance company for a fair settlement. The lawyer may move the case into mediation if the settlement talks stall.
Many car accident cases are settled out of court, but that’s not always possible. Your attorney might recommend going to trial if there’s disputed liability or disagreements over damages owed.
Get Legal Help for a Car Accident Claim
The insurance company will try to place some or all of the blame for the accident on your teen’s shoulders to avoid paying a fair settlement. It’s easy to fall into traps set by insurance companies when handling the claim yourself, which is why working with an attorney is essential. A seasoned car accident lawyer can protect your teen’s interests while fighting for compensation.
