2024 was a terrible year for many drivers on Vegas roads. In December, reports showed that 375 died in car accidents, most of them caused by speeding. There has also been a rise in wrong-way driving by intoxicated drivers, causing fatal accidents.
If you have been injured in a Vegas accident, you may be struggling with pain and emotional distress. You may also be hoping that the at-fault driver’s insurer will pay you a settlement soon.
Unfortunately, there is no guarantee the insurer will offer you a payment that covers your expenses and losses. In most instances, insurance companies put their bottom lines first. They are businesses that want to look after their own interests. This means they will try to either deny or reduce your settlement.
One of the most effective tactics they use to do this is to try and bend the law in their favor. For example, Nevada follows the 51% bar rule. This means you cannot recover compensation if you are 51% or more at fault for the accident.
If you are less than 51% responsible, your settlement will be reduced by your percentage of fault. Insurers try to use this to their advantage when negotiating claims.
What Is the 51% Bar Rule?
Nevada enforces a modified comparative negligence system when it comes to personal injury cases. This system includes the 51% bar rule.
So, as mentioned, any fault percentage above 51% means you cannot file a claim. 50% or less means you get a lot less compensation than you wanted.
For instance, if you are eventually awarded $100,000 for your damages, but your fault percentage is 30%, you will only receive $70,000. If your fault percentage is 51%, you get nothing.
The at-fault party’s insurance company may use several tactics to try and increase your fault percentage. If they can push it to above 51%, it is a win-win for them, as they won’t have to pay you anything.
Tactics to Look Out For
If you file a claim against the at-fault insurer, look out for the following tactics.
The Insurer May Shift the Blame to You
To avoid paying a large settlement, the insurer may try to heap the blame on you. This becomes easier to do if there is already doubt that their client is solely at fault.
The insurer may argue that you were distracted and could have avoided the accident. They may also try to find ways to prove that you violated a traffic law.
If you made a statement after the accident without the help of a lawyer, your words could even be used against you. This is one of the reasons it is so important to never speak to an insurance adjuster without a lawyer present.
The Case Evidence May Be Misinterpreted
It is also possible that an adjuster may selectively interpret the case evidence. It does not always happen, but the insurer may sometimes focus on witness statements that favor its client. They may even want to use video footage showing only part of the accident.
These tactics are usually referred to as bad faith practices.
Your Social Media Posts May Be Used Against You
If you made the mistake of posting on social media right after the accident, these posts can be used against you. The insurer may claim your injuries are not as serious as you say.
They could pick posts or comments that could potentially mean admitting fault on your part. They may even go into your activities or check-ins to try and prove you are healthy, even though your claim suggests otherwise.
If you have a lawyer, one of the first things they will tell you to do is stay off social media. You should never post any information about your accident or injuries. Even after you receive a settlement, keeping the incident offline is the safer option.
You May Be Pressured Into Settling
If the insurer fails in the above tactics, they may send you a lowball offer. As soon as the offer is made to you, they may press you to accept it.
While getting an offer may be a relief, you must consider all your expenses and losses before accepting anything. If the offer is too low, it will not cover your biggest expenses like medical bills and loss of income.
Moreover, the insurer will likely continue to claim that your fault percentage is higher, and you will not receive a better offer.
It may be very tempting just to take the money and have the case resolved. But, you must think long-term. If your injuries worsen or you cannot find work again, a fast settlement will not help you cover these expenses and losses.
Delaying the Claims Process
If the insurer cannot get you to settle, they will often try to delay your claim for weeks or months. This usually happens if the insurer cannot prove your fault percentage is higher than 51%.
Delaying tactics include not responding to emails or constantly requesting the same documentation. You may be told the investigation is ongoing every time you phone for an update.
The problem with this is that there is a two-year statute of limitations in Nevada for personal injury cases. If the insurance company manages to drag out your case long enough, you may run out of time to file legal action.
How to Dodge These Tactics
The easiest way to avoid these tactics is to get a lawyer. First, a lawyer will get the evidence to prove the other party is at fault. The more evidence you get, the tougher it will be for the insurer to increase your fault percentage.
Also, be careful about what you say whenever you speak to the insurance adjuster. Always stick to the facts. Never go into speculations or agree to a recorded statement without talking to your lawyer first.
Your lawyer will challenge unfair fault assessments. They will also handle all negotiations on your behalf.
Fight Back Against Insurance Tactics
Lawyers work hard to protect personal injury victims against unfair insurance tactics. If you hire the right lawyer at the right time, you can secure compensation that will cover all your expenses.