Insurance companies deny car insurance claims every day. However, they don’t always have a good reason. If you believe that your claim was denied without reason or cause, you can appeal the company’s decision.
Just like the initial claims process, the appeals process can be complicated, stressful, and confusing. An auto collision lawyer in Reno can help you navigate this process. Here’s what you should expect when you appeal a denied car insurance claim in Nevada.
Determine Why Your Car Insurance Claim Was Denied
When the insurance company denied your claim, it had to have given you a reason. Under NRS 686A.310, denying an insurance claim without justification is considered a bad faith practice.
Check your denial letter; the rationale must be in there.
Common reasons that car insurance claims in Nevada are denied include:
- Disputed liability: the insurance company isn’t compelled to believe their insured driver is at fault
- Shared liability: the insurance company denied the claim because they believe you, not the insured driver, is to blame for the crash
- Insufficient evidence: there’s not enough evidence to show that the insured driver is to blame or to prove your damages
- Injury not covered by policy: specific types of accidents and injuries aren’t covered by the at-fault driver’s insurance policy
- Filing deadline passed: the claim was submitted after applicable statutes of limitations or company-established filing deadlines passed
The insurance company won’t go into great detail explaining its reason for denying your claim, but this information gives you a baseline for your appeal.
Gather Evidence and Build Arguments to Counter Their Reason for Denial
Once you’ve determined why your insurance claim was denied, you can get to work refuting it.
Depending on the reason for the denial, helpful evidence might include:
- Statements from individuals who witnessed the crash
- Photographs from the scene of the collision, including traffic signals, traffic signs, lane markings and arrows, potholes, road conditions, trees, skid marks, or tire tracks
- Pictures and descriptions of cosmetic and structural damage to vehicles involved in the collision
- Cell phone data that might indicate the insured driver was using their phone just prior to and/or during the collision
- Breathalyzer, field sobriety, or other BAC tests, if applicable
- The police report
- Wage statements, pay stubs, and other documentation to show that you’ve lost income because of the collision
- Copies of your medical records proving that you sought prompt care and have followed up with your treatment plan
If experts weren’t involved in your claim the first time around, now is probably a good time to ask for help. An accident reconstruction specialist can review pictures of the scene, damage to vehicles and other property, and other pertinent evidence to recreate the collision to demonstrate how it likely happened and, in turn, who’s at fault.
Submit a Written Appeal to the Insurance Company
Once you’ve gathered evidence to refute the insurance company’s reason for denying your claim, it’s time to draft an appeal letter and submit it to the provider.
Nevada law requires the insurance company to consider your appeal within a “reasonable” amount of time without unnecessary delay. There’s no specific timeframe, but it typically happens within 30 to 60 days of receipt of the appeal.
If the insurance company still denies your claim, despite the additional proof, you can file a complaint with the Nevada Division of Insurance. If the state gets involved to investigate and ask for the carrier to reconsider, the insurance company has 20 days to respond.
Consider Filing a Car Accident Lawsuit if Your Appeal is Denied
If your claim is still denied and you’re convinced that you’re entitled to benefits under the law, it’s time to consider more aggressive action. An experienced motorcycle accident lawyer in Reno can help you draft a complaint, file and serve the documents, navigate discovery, work to negotiate a settlement, and, if necessary, take your car accident lawsuit to trial.
Benson & Bingham fights for the rights and best interests of crash victims and families in Nevada. As top-rated litigators, we’ve helped our clients recover well over $600 million in damages. We can help you fight a denied insurance claim, too. Contact our Las Vegas or Reno law office to set a time for a free consultation to learn more.