Car Accident Laws in California and Nevada


Posted: June 25, 2019

People call police after car accidentA car accident can leave you hurting physically, mentally, emotionally, and financially. If you or a loved one were injured because of the actions of another driver, you may be entitled to compensation.

However, state laws in California and Nevada affect how much you can recover, depending on the circumstances of the accident. They also impose limitations that require you to file your claim rather quickly. Here is a guide to the types of damages you may be eligible for, and how to navigate the process of filing a claim.

What Damages Can I Recover From a Car Accident Claim?

The amount of damages for which you may be eligible depends on several factors, including the extent of your injuries and the financial burden you've been left with. They may include:

  • Medical expenses
  • Lost income
  • Lost earning potential
  • Vehicle repair or replacement
  • Pain and suffering
  • Emotional distress

Comparative Negligence in California and Nevada

Both California and Nevada use the principle of comparative negligence when determining fault for a car accident. That means you can be found partly liable for the wreck and have your damages reduced accordingly.

For example, a jury may decide that you bear 15 percent of the blame for the crash. In that case, your damages would decrease by 15 percent. If you were awarded $10,000, you'd be able to recover only $8,500.

Statutes of Limitations in California and Nevada

California and Nevada both have statutes of limitations in place that make it essential to file your claim as soon as possible. In Nevada, the limitations periods are:

  • 2 years for personal injury claims
  • 3 years for damage to personal property
  • 2 years for claims against the state

In California, the limitations are:

  • 2 years for personal injury claims
  • 3 years for damage to personal property
  • 6 months for claims against the state

The statute of limitations clock starts ticking the second the accident occurs. Even if you're confident the insurance claims process will resolve your case, you should waste no time contacting a lawyer and having your claim evaluated.

Limits on Car Accident Damages

In California and Nevada, certain laws limitMan calls insurance after car accident the damages someone can receive in a car accident claim. In California, drivers who don’t have insurance can't recover non-economic damages, such as pain and suffering or emotional distress, regardless of who was at fault for the accident.

Nevada, on the other hand, places a hard cap on the amount of damages you can receive if you're filing a claim against the state. It also limits the punitive damages you could be entitled to.

Schedule Your Car Accident Consultation Today

With the varying and complex car accident laws in California and Nevada, you need a car accident lawyer who can navigate that mess and help you recover the compensation you may be owed.

Raymond E. Areshenko is a seasoned attorney who is dedicated to helping his clients find justice.  Start building your case by calling 775-300-7594 for a complimentary case review with REA Law. We serve clients in and around Reno - Sparks and throughout Nevada.  REA Law also has offices in Sacramento servicing the greater Northern California area.  For cases in California, call 916-800-6090.

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