Strategies, Challenges, and Answers

Nevada’s Absolute Liability Statute Does Not Create A Third-Party Bad Faith Claim.

We have previously written about Saundra Torres.  She was hurt when she was involved in an auto accident with a vehicle that was insured by Nevada Direct Insurance Company. She filed suit against Nevada Direct’s insureds Perez-Castellano and Mollinedo-Cruz.  For a time, Nevada Direct defended.  But after the insureds failed to cooperate, Nevada Direct withdrew its defense and filed a declaratory relief action.  In the declaratory relief action, Torres refused Nevada Direct’s offer to settle … [Read more...]

An Auto Insurance Company Cannot Avoid Paying Up To The Minimum Liability Limits Even If The Defendants Fail To Cooperate

Saundra Torres was hurt when the car she was driving was hit by a car driven by Jario Perez-Castellano and owned by Adiel Mollinedo-Cruz.  The Mollinedo-Cruz vehicle was insured by Nevada Direct Insurance Company. After Answering the Complaint, Perez-Castellano and Mollinedo-Cruz ceased their participation in the litigation. Nevada Direct Insurance Company filed a Declaratory Relief Action against Perez-Castellano, Mollinedo-Cruz and Torres.  Nevada Direct hoped to avoid any further duty … [Read more...]

Nevada Requires Drivers To File Traffic Reports If Police Do Not Respond

The Las Vegas’ Metropolitan Police Department no longer responds to motor vehicle accidents where no one reports an injury.  However, if Metro does not respond, current law requires drivers (or if the drivers are unable, then the owners) to file an accident report if a Nevada motor vehicle accident results in property damage that exceeds $750.00.  See NRS 484E.070(2).  Thus, these driver’s Reports of Traffic Accident have become more critical than ever before.  The Report of Traffic Accident … [Read more...]

Nevada Court Interprets California Family’s Auto Policy Using California Law Following Nevada Accident

Nevada often follows the lead of California when it comes to interpreting the law. But there are times when the law of the two states is irreconcilable. Take the case of Mr. and Mrs. Sotirakis for example. Mr. and Mrs. Sotirakis lived in California. They owned a home in California. They garaged and registered their cars there. The Sotirakis family bought their insurance from USAA. USAA issued the Sotirakis family its auto policy in California. As many Californians are prone to do, Mr. and … [Read more...]

Nevada’s Compulsory Auto Insurance Law and Nevada’s Financial Responsibility Law Working Hand In Hand

In the area of Nevada automobile insurance coverage, there are regular references to the Nevada’s Compulsory Automobile Insurance Law, N.R.S. 485.185 - 485.187, and its Financial Responsibility Law, N.R.S. 485.190 – 485.420.  In answering coverage questions, it is important to understand the purpose of each of these laws and to differentiate between the effects of that these laws have.  The case of State of Nev., Dep’t of Motor Vehicles v. Lawlor, 101 Nev. 616, 707 P.2d 1140 (1985) does a good … [Read more...]