Car accidents in Las Vegas can turn your life upside down in seconds. One moment you’re driving home, and the next, you’re dealing with police reports, insurance claims, and hospital visits. Things can feel even more overwhelming if you receive notice that you’re being sued. Knowing what to do if you’re sued for a car accident in Las Vegas can help you protect your rights, your finances, and your future.
Understanding Why You’re Being Sued After a Car Accident
In most car accident cases, insurance companies handle the costs of medical bills, vehicle repairs, and other damages. However, there are situations where the other party may decide to file a lawsuit against you. This usually happens when:
- Their damages are higher than what your insurance covers
- They believe you were driving recklessly or under the influence
- They want compensation for pain, suffering, or lost income
- They claim your insurance denied or delayed their claim
Nevada is considered an at-fault state, meaning the driver who caused the crash is legally responsible for covering damages. Because of this, lawsuits are common when victims believe they deserve more than what was offered.
What Happens Once You’re Sued
If you’re sued, you’ll be formally served with legal papers, often called a summons and complaint. This is the official notice that you’re part of a lawsuit. The clock starts ticking immediately once you’re served. In Nevada, you usually have 20 days to file a written response with the court. Ignoring the papers won’t make the lawsuit go away. If you fail to respond, the court can issue a default judgment against you, which means the other party automatically wins.
The lawsuit process typically involves:
- Filing and responding to the complaint
- The discovery phase, where both sides exchange information and evidence
- Possible settlement discussions before trial
- A court trial if no settlement is reached
Your First Steps After Being Sued
Getting served with lawsuit papers is stressful, but your reaction in those first days is important. Here’s what you should do:
- Contact your insurance company immediately and share the lawsuit papers. Most policies include a duty to defend, meaning the insurer must provide a lawyer to represent you.
- Do not ignore the papers or try to handle it alone. Missing deadlines can hurt your case.
- Avoid talking directly with the other party or posting about the accident on social media. Anything you say can be used against you.
- Gather important documents, such as the police report, medical records, insurance policy, and any photos from the accident scene.
Having everything organized will make it easier for your attorney to build a defense.
How Insurance Affects the Lawsuit
Your insurance coverage plays a big role in how the case is handled. Nevada requires minimum liability insurance of $25,000 per person for bodily injury, $50,000 per accident, and $20,000 for property damage. If the damages exceed these amounts, the injured party may try to collect directly from you.
In most cases, your insurance company will provide a defense lawyer and attempt to settle within policy limits. However, if the claim is larger than your coverage, you may be personally responsible for the difference. This is why many drivers choose higher coverage limits for better protection.
Defenses Your Lawyer May Use
Being sued does not automatically mean you’ll lose. Your lawyer may raise several defenses depending on the details of your case, such as:
- Comparative negligence: Nevada follows a modified comparative negligence rule. If the other driver was more than 50% at fault, they cannot collect damages. Even if they were less than 50% at fault, their compensation may be reduced.
- Lack of evidence: The other party must prove you caused the accident and their damages. Weak or inconsistent evidence can hurt their claim.
- Preexisting conditions: If the injuries were not caused by the crash, you should not be held responsible.
- Insurance issues: Sometimes, the claim may be covered under another policy, or the plaintiff may have failed to use their own coverage first.
Your lawyer will review the facts, gather expert testimony if needed, and challenge any exaggerated claims.
Possible Outcomes of a Car Accident Lawsuit
Car accident lawsuits in Las Vegas can end in different ways:
- Case dismissal: If the plaintiff has no valid legal claim, the court may throw out the case.
- Settlement: Most cases settle out of court with an agreement between both parties.
- Trial verdict: If the case goes to trial, a judge or jury decides the outcome and the damages awarded.
Even if you lose, your insurance may cover the judgment up to your policy limits. If the damages exceed those limits, the plaintiff may attempt to collect from your personal assets, such as wages or property.
How Long a Lawsuit May Take
Car accident lawsuits don’t move quickly. In Nevada, the statute of limitations for filing a car accident lawsuit is two years from the date of the crash. Once filed, the case may take months or even years to resolve depending on the complexity, the willingness of both sides to negotiate, and the court’s schedule.
This is why it’s important to have a skilled attorney handling the process. They can keep the case moving, protect your rights, and work toward the best outcome possible.
Why Hiring a Car Accident Lawyer Matters
Even if your insurance company provides an attorney, you may want to speak with your own lawyer for added protection. Insurance lawyers focus on protecting the insurance company’s interests, not necessarily your personal financial security. An experienced Las Vegas car accident lawyer can explain your risks, advise if you should push back against unfair claims, and fight for your best interests in court.
Protecting Yourself Moving Forward
No one expects to be sued after a car accident, but taking the right steps can reduce the risk of future problems:
- Carry higher insurance coverage than the Nevada minimums
- Keep records of any accidents, even minor ones
- Avoid admitting fault at the scene of a crash
- Speak with an attorney before giving recorded statements to insurance adjusters
These steps won’t prevent lawsuits completely, but they can help you feel more prepared if one happens.
Get Legal Help Today
Being sued after a car accident in Las Vegas can be frightening and confusing. You may be worried about money, your job, and your future. The good news is you don’t have to go through it alone. A skilled attorney can guide you through the process, explain your options, and fight to protect your rights.
If you’ve been sued after a car accident in Las Vegas, call Friedman Injury Law at (702) 970-4222 today. The sooner you reach out, the better your chances of building a strong defense.
