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When multiple parties are at fault, which insurance pays?

On Behalf of | Mar 28, 2024 | Insurance Law |

In the aftermath of an accident involving multiple parties in Nevada, the question of which insurance pays can be intricate. Nevada operates under a “modified comparative negligence” principle, where fault can be shared among multiple parties. This impacts the compensation each receives.

Unraveling fault amidst multiple parties

Determining fault in Nevada commences with thorough investigations by insurance entities, law enforcement agencies or through a judicial process. Each party’s pre-accident actions undergo scrutiny, with fault percentages allocated based on various factors. These factors include adherence to laws, eyewitness testimonies and physical evidence.

Disbursement of compensation by insurance

Post-establishment of fault, insurance companies disburse claims in proportion to liability percentage or degree. Nevada’s system of several liability mandates that each defendant is accountable for damages corresponding to their fault percentage. This mechanism ensures victims can recover damages even if one party cannot cover the expenses.

Computing fault percentages

The computation of fault percentages is pivotal in the insurance claims process. It entails a meticulous examination of the accident scene, which can necessitate the input of third-party experts, like an accident reconstruction specialist. It also entails law enforcement findings, eyewitness statements, photographs, videos and any other relevant evidence.

Findings are not always fair

Theoretically, the objective is to achieve a fair evaluation of each party’s contribution to the accident. However, no insurance company wants to be fully responsible or even responsible to the maximum extent possible. This often leads to some insurance companies pointing the finger at each other, which can necessitate litigation.


Understanding the intricacies of multi-party fault in Nevada is indispensable for individuals involved in accidents or simply dealing with an issue that involves multiple insurance companies. By grasping how fault is determined, how insurance companies compensate victims and the methodology behind fault percentage calculations, individuals can navigate post-accident proceedings with enhanced confidence and comprehension.


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