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Questions About Car Accidents – When Can I Sue?

What to Expect When Filing a Lawsuit

Getting in a serious car accident can leave you with hefty medical bills and cause you to miss work. These financial realities can quickly stack up, and you may need to make a claim against the at-fault driver or an insurance company.

We’ve answered some of the most frequently asked questions below, but if you are still wondering about your case, don’t hesitate to contact the Law Office of Steven M. Burris.

Can I sue if the other driver leaves the scene?

You can make a claim if another driver hits you and flees the scene. Who you file against, however, will depend on whether or not the police can track down the at-fault driver. Once you know the driver’s identity, you can find out if they are insured and treat the situation like any other car accident. If you never find out who the driver is, you may need to file a claim with your own insurance policy.

Can I sue if the other car was stolen?

No one who steals a car takes time to get an insurance policy for their stolen vehicle, so you will likely need to make a claim with your insurance company directly. Often times insurance companies and car owners will claim that the car was driven without permission, or stolen, to escape responsibility. In such cases, we can often prove that the car was not truly stolen, or, if it was, this qualifies as an uninsured motorist claim on your own policy. Our attorneys will investigate your situation and help you choose the best course of action.

Can I sue if the other driver did not have insurance?

If the other driver does not have insurance, you will need to rely on your uninsured motorist coverage. You can file a suit against your insurance company if they fail to handle your claim properly.

Can I sue if the other driver did not have a driver’s license?

In many of the cases we’ve already discussed, you will need to use uninsured motorist coverage. This scenario is no exception. Someone who does not have a driver’s license is unlikely to have insurance, so you will need to use your own policy.

Anytime your insurer refuses to honor a valid claim, our law offices can step in.

How long does it usually take to settle a car accident case?

The amount of time we need to settle your car accident case depends on numerous factors, including:

  • Is fault being contested?
  • Was it a minor impact or a major collision?
  • Are damages for a catastrophic injury or whiplash?

About half the cases we handle settle within 30 to 60 days of the date we send a demand letter. As for the other cases, where the insurance company refuses to offer a fair amount and we do not settle, more lucrative cases are more time-consuming. If a case is worth $50,000 or less, the arbitration will occur about 4 to 6 months after we file a complaint. if the case goes beyond arbitration to ‘short trial,’ we can expect a settlement to take another 3 to 4 months. For cases worth over $50,000 in the ‘regular’ court system, the time period from complaint to trial is typically 16 to 24 months. Nevertheless, cases rarely ‘go all the way,’ because companies usually settle well before trial – usually after depositions and medical exams. Further, both parties can agree to settle a case at any time before trial.

In Nevada, what is the statute of limitations for a car accident case?

If you file a personal injury claim, you have two (2) years from the date of your accident to file against the at-fault driver. For insurance disputes, you have six (6) years against your uninsured or underinsured motorist policy.

In Nevada, what is the statute of limitations for a truck accident case?

Again, if you are filing a lawsuit against an individual, you have two (2) years to make a claim. If you are filing against a company, you may have up to six (6) years.

In general, Nevada Revised Statutes § 11.190(4)(e) (2016) allows two (2) years for personal injury lawsuits, so you should act quickly to protect your claim.

How do I get started?

If you need legal help after a car accident, look no further than the Law Office of Steven M. Burris. We can review your case during a free consultation and advocate for your rights with negligent drivers are insurance companies.

To get started, all you need to do is call us at (702) 529-3101 today!