All-terrain vehicles, abbreviated as ATVs, are motorized, small cars meant for one or two riders. The first ATVs to be manufactured were three-wheeled, but the federal government discovered that they were unstable and banned their manufacture. Today, ATVs are made with four low-pressure tires designed to travel over rocks, mud, and other rough ground. ATVs are generally used for recreational purposes in Nevada. However, people like laborers and farmers can use them to access remote places on their worksites or properties. Unfortunately, thousands of people in the United States seek treatment every year in emergency rooms for injuries sustained in ATV accidents.
If you are involved in an ATV accident caused by another person's negligence, you can seek compensation for your damages.
After Being Involved In An ATV Accident
ATVs do not necessarily drive well on all types of terrain, despite their name. If you are involved in an ATV accident, you must keep calm and follow these steps:
Call 911 Or The Police Immediately
After your involvement in an ATV accident, it is easy to assume that another person will call 911 on your behalf. However, other people could also assume the same. When the police visit the scene, they will create a report outlining what happened during the accident. This report will come in handy when filing a claim to seek compensation.
Rushing through a call with a 911 operator does not guarantee you a quick dispatch of EMTs, firefighters, or police. Police are only dispatched if you stay on the call and answer all the operator's questions. Your response to questions gives the police an idea of what they can expect when they arrive at the accident scene. You need to give the 911 operator all the necessary information so that he/she can provide a clear picture to the police, who will be sent to the scene of the accident. This will help the police arrive at the scene well-equipped.
Get The Police Report
After your involvement in an ATV accident, the police will come to the scene to document what caused the accident. The police report could contain the following information:
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Opinions as to the cause of the ATV accident
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Citations and violations of the law
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Statements from the involved parties and witnesses
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Images of the accident
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Weather, roadway, and visibility conditions at the scene
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Location of damage to the vehicles involved in the ATV accident
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Identifying information for witnesses
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Identifying information for parties involved in the ATV accident, including names, addresses, phone numbers, and insurance information
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Approximate date, time, and location of the collision
Attorneys and insurance adjusters usually weigh what is contained in the police report, mainly if the police's findings reveal that the ATV's rider is at fault for the accident. A police report can be essential to ATV accident lawsuits and insurance claims.
While seeking compensation, you can obtain the police report for free or by paying a fee. You can obtain a free police report by requesting a copy from the police officer who documented the report. The investigating officer can also give you a receipt with identification for the police report before leaving the accident scene. You can also call the traffic division that responded to the scene of the accident and pay an administrative fee, usually $15, to obtain the report.
File Your Accident Report When Required By Law
In Nevada, it is against the law to file an ATV accident report when the police are investigating the accident. However, you could do so if you wish or disagree with the details reported by the police. You should send your report to the Nevada State Patrol for filing. In this case, you must remember to keep a copy of the report you sent for future reference.
Seek Medication
After your involvement in an ATV accident, you need to seek immediate medical attention. You need to go for a medical check-up and avoid assuming that your injuries will clear up with time. You need to continue going for treatment until the doctor advises you otherwise. Your doctor can only determine how severely you are injured and prescribe the best medical attention. Your doctor's records are the best way to document and verify the extent and nature of your injuries. These records are essential if you later make an injury claim.
Make sure that your medical records state the symptoms clearly. You should also ensure that your doctor got your medical history right. For example, if the doctor documents that you have a history of back problems like the one he/she is treating, but you never had any pain in the past, you should tell them to correct it. The doctor must also change the report if their notes do not tell the complete story. When you file an injury claim, the defense often examines your medical record to find something like a pre-existing condition. Regarding pre-existing conditions, ensure that your medical history is accurate. The defense can quickly point to your pre-existing condition as the cause of your current symptoms.
Take Other Parties' Information At The Scene Of the Accident
Exchange the information with the other driver and other people involved in the accident. You could document addresses, names, email addresses, phone numbers, ATV insurance company or policy numbers, and the ATV rider's license number. Document the ATV's license plate number and the plate numbers of any other ATV involved in the accident.
Take Pictures Of The Accident Scene
You need to take pictures of the accident scene from all directions, including close-ups and a distance if you can do so. Make sure you document all road conditions, the location of any vehicle debris, skid marks, traffic signs, and anything else that could show how and why the ATV accident occurred. For example, the adjuster could review skid marks during a visit to the accident scene or photographs. Then, the adjuster can estimate how fast the ATV traveled by measuring the length of the skid marks and considering other facts about the ATV and the road conditions.
If you are involved in an ATV accident, take pictures of your damaged vehicle before you have it repaired. The damaged part of the wrecked car can reveal who is at fault. For example, if the rear end is damaged, you will have a leg up by providing evidence that the ATV rider was at fault.
Contact Witnesses And Get Their Statements
If you know any neutral witnesses to the ATV accident, make an effort to obtain their contact information. You could request that they document the accident scene details, or you could get in touch with them later. Your injury attorney and the insurance adjuster would want to hear the witnesses' testimony regarding the accident.
Call An Attorney
After your involvement in an ATV accident, you could be injured and face the stress of mounting costs for medication and unpaid leave from work. The more severe your injuries are, the higher your medical expenses and the lower the chances you will resume work quickly. Therefore, after your involvement in an ATV accident caused by negligence, you should not foot the expenses for your injuries alone. Instead, you need to consult a skilled ATV accident attorney to protect your financial future and legal rights.
The situation could be complicated if the liable party does not have insurance or does not have enough insurance to cover your damages. However, you should not settle for less than the maximum case value. This is where a competent ATV accident attorney can assist you in regaining peace of mind and steady footing. He/she will help you take action, and you will likely have a successful claim if an attorney represents you. Generally, compensation or restitution is often much higher if an attorney represents you in a personal injury case.
Contact Your Insurance Company
All forms of insurance have at least one thing in common: they cover losses in an accident. The losses include injuries, damages, and other out-of-pocket losses.
If you did not contribute to an ATV accident, the insurance company for the at-fault party should be responsible for your damages. The insurance company should compensate you for all the expenses of the accident. However, you could get pushback from the at-fault party's insurer. They could do the following:
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Deny you the claim
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Blame you for the ATV accident, or
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Offer you a much lower settlement amount
You need to inform your insurance company about the accident to protect yourself. At the very least, your information will establish good faith with your company. In addition, this will inform them if the at-fault party's insurer denies liability for your accident.
There are often misconceptions that an insurance company would take care of and represent your welfare well as a policyholder. Unfortunately, you will discover that your insurance provider does not have your best interests at heart in your time of need. You should seek the services of a skilled personal injury attorney, regardless of insurance coverage. An attorney will ensure that your insurance providers and other parties do not treat or take advantage of you unjustly.
Present Your Insurance Claim And Supporting Prove
Many insurance providers have ''Start a Claim'' style apps and other claim-filing tools online. Typically, you can utilize these applications to file your claim and submit supporting proof. However, your insurer can help you start filing your claim if it makes sense to file a claim directly with the at-fault’s insurance provider. This is also known as a "third-party claim."
Once you file your claim, the insurance company is required to be responsive. The company should inform you if any records are missing. They should also notify you if they need additional information that would necessitate investigating the accident and analyzing your claim.
You should not hesitate or delay checking in with the company and asking about the status of your claim, mainly if there is a delay. Inquire if there is anything you should do to accelerate the process and ensure that you submit any essential records or new information as it comes in.
Generally, insurance companies would investigate your ATV accident for two reasons after you file a claim. First, they do so to protect themselves against insurance fraud. Most claim payments made in Nevada result from fraudulent claims. Insurance companies often defend themselves from this vice by requesting that third-party claimants and their insureds provide the evidence to support their injury claim. They also send investigators or adjusters to collect proof regarding the cause of the ATV accident and the claimed injuries or damages.
Second, insurance companies would investigate your ATV accident to assess your claim correctly. There could be confusion as to the extent of the resulting injuries or the cause of the ATV accident. The insurance company can only get to the bottom by gathering as much details and information as possible.
Be Careful With What You Say
You could talk to several people after the ATV accident. Everything you say matters, starting from your first interaction with the liable party. The insurer aims to pay as little as possible and will use any word you speak against you. You should not admit fault or apologize for the ATV accident. If you say to the other party things like ‘’I did not see you’’ or discuss the extent of your injuries, the other party could record the information and use it against you.
All communication should be directed to your injury attorney if an insurance adjuster, your insurance company, or the at-fault party's insurance contacts you. Insurance companies are good at manipulating tactics to implicate people when no fault exists.
Try your best and talk to your doctor honestly regarding your injuries. This will make your doctor offer you the best care and preserve your injury claim. Also, avoid playing up your injuries to obtain a considerable settlement. Exaggerated injuries can lower your settlement and lessen your credibility.
You should also be careful about what you post on your social media accounts. The at-fault party's insurance could be keen to see the pictures you post on social media or read the posts you share, like how much you lifted at the gym. The insurance company is good at creating doubt regarding your injuries.
Research Traffic Statutes
After your involvement in an ATV accident, you need to equip yourself with the traffic statutes in your state, especially in Nevada, where you can find these statutes in what is called the "Vehicle Code." In addition, the Nevada Motor Vehicle Department has a book with primary traffic statutes called "The Rules of the Road." You can access these resources at public libraries or online.
Your research should focus on traffic statutes, which could have come into play in your ATV accident. Study these statutes against traffic control devices like stop signs, red light signs, yield signs, and other factors surrounding your accident. This could help you build a case that the ATV rider committed a traffic offense leading to your accident.
Do Not Sign Employment Or Medical Records Authorizations For The ATV Rider’s Insurance Company
The claims adjuster would request that you sign employment or medical records authorization to allow them to get your wage or medical loss records. You should avoid signing these authorizations until you consult your injury attorney. If you make a mistake signing the authorization, the adjuster will access your private medical records and bills. The adjuster could also request special reports and talk to or meet your doctor. However, while making a PIP claim, you must sign your medical authorization for your insurance company. Often, you should keep a copy of the authorizations, and PIP application signed. You should caution your company against providing any medical or other information to the ATV rider's insurer without your permission.
File The ATV Accident Lawsuit On Time
The statute of limitations to file an ATV accident lawsuit in Nevada is based on legal grounds like:
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Negligence – the statute of limitations for personal injury is two years after the ATV accident injury
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Property damage – the statute of limitations is three years after the ATV accident
In some instances, the statute of limitations can pause ''toll" under Nevada law. However, ATV accident victims are allowed to seek the services of a personal injury lawyer immediately after the accident. Therefore, it could take some time to craft a compelling personal injury lawsuit.
Find A Personal Injury Attorney Near Me
Being involved in an ATV accident is already an unnerving experience. However, handling the aftermath of an accident that was not your fault can be even more overwhelming and frustrating. You could be innocent, but you must navigate and manage new obligations and expenses. You can only succeed in this challenge by consulting a competent personal injury attorney. At the Las Vegas Personal Injury Attorney, we have handled many cases like these and can help you receive your deserved justice. Contact us at 702-996-1224 and schedule a consultation with one of our attorneys.