Car Accident Subrogation in Las Vegas, NV
If you’ve been injured in an accident caused by another party’s negligence, it can take some time to get compensation for your injuries and other losses. Whether you go through an insurance claim or a personal injury lawsuit, it can take months or sometimes even years before you recover any money. So, how do you cover expenses in the meantime?
Your own insurance may cover some or all of your immediate costs, but what happens if they want that money back after you’ve finished your insurance claim or lawsuit? That’s where the subrogation process comes into play, and it can make a big difference in terms of how much you eventually receive in compensation after an accident.
The Las Vegas personal injury lawyers at THE702FIRM Injury Attorneys can answer any questions or concerns you have about subrogation after an accident. Our attorneys have more than 130 years of combined legal experience helping Las Vegas residents get full and fair compensation for their injuries.
Get a free initial consultation today by calling our office or visiting our contact page.
What Is Subrogation?
In personal injury cases, subrogation is when your insurance company files a third-party claim against the party(s) liable for your injuries. They may make a subrogation claim while your own claim against the responsible parties is still pending, or they may wait until your case is finished.
Subrogation exists to help insurance companies recoup money after compensating their policyholders for losses that are someone else’s fault. This makes sense when you think about it. Your insurer may end up paying a lot to cover various costs and other losses after a serious accident. If the accident was not your fault, then the party who bears responsibility for your injuries should reimburse them for the amount they spent.
Subrogation claims generally don’t directly involve the injured party in an accident. The primary legal battle is between the two insurance companies or between the injured party’s insurer and the party at fault for the accident.
What Happens When Fault Isn’t Clearly Defined?
Subrogation claims are simplest when someone is clearly at fault for the injuries in an accident. In these cases, the subrogation process is relatively straightforward: The injured party files their insurance claim (either through their auto or health insurance provider), the insurance company covers the injured party’s losses, then the insurer files a subrogation claim against the party responsible for the accident or their insurer.
In cases where fault isn’t clearly defined, the process can get more complicated. First, all parties will have to determine who is at fault for any injuries related to an accident. Nevada follows a comparative negligence model for personal injury claims, which means that any injured party can recover compensation for their injuries as long as they are 50 percent or less to blame for the accident.
However, this also means that if someone is partially to blame for their own injuries after a crash, their compensation could be reduced according to their percentage of fault. For example, if you’re found to be 10 percent to blame for your injuries in a car accident, your ultimate award will be reduced by 10 percent.
The injured party’s degree of fault in an accident will directly impact both their potential compensation amount and any subrogation claims filed by their insurer. The greater the injured party’s share of fault for an accident, the less they’ll receive in compensation, and the less their insurer can potentially recover through subrogation.
How Long Does the Subrogation Process Take?
It’s hard to say how long the subrogation process may take because it depends on specific factors that are often unique to every accident case. The process can be pretty quick if there’s clear evidence of fault, the responsible party has insurance, and they don’t contest the claim. But this isn’t always the case.
Some of the factors that can affect the timeline of the subrogation process are:
- Who’s at fault for the accident? If there’s strong evidence showing one party bears most or all of the fault for an accident, the subrogation process generally goes much more quickly. But if the issue of fault is unclear, the insurers or the court system will have to determine who is to blame before any subrogation claim can be completed.
- Does the at-fault party have insurance? When it comes to personal injury claims, everything is easier if all parties involved have insurance. If the party responsible for the injuries in an accident does not have insurance, however, the injured party and their insurer may need to file a lawsuit to reclaim any compensation. Lawsuits take much more time to resolve than insurance claims.
- Does the at-fault party wish to contest the claim? If the at-fault party in an accident disputes the claim, subrogation can take much longer than under different circumstances. Even if there’s clear evidence demonstrating fault, a refusal to pay creates additional complications that will take more time to resolve.
What Is a Waiver of Subrogation?
A waiver of subrogation is a document that the injured party might sign to prevent their insurance company from pursuing a subrogation claim against the at-fault party in an accident. Generally speaking, this isn’t something you want to do, as the subrogation process can benefit you in some ways, such as helping to keep your premiums low.
You should be very careful before signing a waiver of subrogation. It could impact your ability to recover full compensation for your losses after an accident. Be sure to look over your insurance policy and consult with a personal injury lawyer before making any decisions.
How THE702FIRM Injury Attorneys Can Help
To ensure you get the maximum amount of compensation for your injuries, you need solid legal representation you can count on from the start.
At THE702FIRM Injury Attorneys, our Las Vegas car accident attorneys will:
- Identify all liable parties and all potential sources of compensation: There may be more than one party at fault in an accident, which means you’ll need to file multiple claims to get full compensation for your injuries. For example, if a mechanical defect played a role in causing a car accident in Las Vegas, you may have a claim against the manufacturer of the vehicle as well as the driver who hit you.
- Gather and preserve evidence: You’ll need a convincing case to get the full amount you’re entitled to after an accident. Our team knows how to seek crucial evidence to help you build the strongest claim possible.
- Handle communication and settlement negotiations: There’s a lot of paperwork and negotiating involved in a personal injury claim. It all must be handled delicately and strategically to achieve the best possible outcome. We’ll make sure the other parties in your claim have the information they need while protecting you from making any mistakes that might hurt your case.
Represent you at trial: Most personal injury claims are settled out of court, but sometimes going to trial is necessary if you’re up against someone who’s dead set against compensating you for your losses. We’re not afraid to bring claims to trial, and we will provide aggressive representation on your behalf.
Ready to talk to an experienced Las Vegas personal injury attorney? Call THE702FIRM Injury Attorneys today.