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Is it possible to not be at fault but still get in trouble?

Asked by user in Nevada.

My fiance was driving and the person in front of him slammed on their brakes and the person behind him was going too fast. He said that it wasn’t his fault that it was the cars around him but he was the person behind the other vehicle and our truck is totaled.

Answered by Enjuris Editors:

Nevada has a “fault-based” insurance system. This means that the person responsible for the accident is responsible for paying the damages.

Who is at fault depends on a number of factors, but generally speaking, the person who rear-ended the vehicle in front of them is liable for the car accident under Nevada's “following too closely” statute (Nevada Revised Statutes 484B.127). This isn’t always the case, though. For example, the driver that was rear-ended may be at fault if their tail lights were out.

In the accident you described, your fiance is likely at fault for the damages to the car in front of him, while the car behind him is likely at fault for the damages to your fiance’s car.

I would have your fiance contact his insurance company and explain the details of the accident. If the insurance company determines he was at fault, they should provide liability insurance. If the insurance company decides he was not at fault, they should help defend any claims against him.

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