When an insurance company denies your personal injury claim — whether it’s your own UM/UIM insurer denying an uninsured motorist claim, the at-fault driver’s insurer disputing liability, or a premises liability insurer claiming no coverage — the denial is not the end of the road. Nevada law provides multiple avenues to challenge wrongful denials, force insurer accountability, and recover full compensation even when an initial claim is refused. Marathon Law Group represents Las Vegas injury victims whose claims have been wrongfully denied by insurance companies.
Injured in Las Vegas? Call Marathon Law Group at (702) 522-1808 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Why Insurance Companies Deny Claims
Insurance denials fall into several categories, each requiring a different response. Liability denials assert that the insured was not at fault for the accident — these are typically overcome through evidence gathering (police reports, witness statements, surveillance footage, accident reconstruction) that demonstrates the at-fault driver’s negligence. Coverage denials assert that the specific accident or injury is excluded from coverage — these require review of the policy language, which in Nevada is governed by the reasonable expectations doctrine: ambiguous policy language is construed against the insurer and in favor of coverage. Policy limit disputes arise when the injury value exceeds available limits and the insurer refuses to properly acknowledge its exposure — these create bad faith exposure. UM/UIM denials by the injured person’s own insurer are particularly common: the insurer disputes that the at-fault driver was uninsured/underinsured, challenges the injury causation, or claims the insured’s own comparative fault bars recovery. These UM/UIM disputes are subject to mandatory arbitration under most Nevada UM/UIM policies.
Nevada Insurance Bad Faith Law
When an insurance company unreasonably denies or delays payment on a valid claim, the insured may have a bad faith cause of action in addition to the underlying contract claim. Nevada’s Unfair Claims Practices Act NRS 686A.310 prohibits specific unfair claims settlement practices including: failing to promptly acknowledge and investigate claims; failing to provide a reasonable explanation for denial in writing; attempting to settle for less than the amount clearly owed; and failing to provide a good-faith settlement when liability is reasonably clear. A violation of NRS 686A.310 can support an extracontractual bad faith tort claim against the insurer for damages beyond the policy limits, including emotional distress damages caused by the denial, and potentially punitive damages under NRS 42.005 if the insurer’s conduct was oppressive or malicious. Filing a complaint with the Nevada Division of Insurance (NDOI) is a parallel administrative remedy that documents the insurer’s conduct and can create regulatory pressure — NDOI has authority to impose fines and license restrictions on insurers who engage in systematic bad faith practices.
Filing a Lawsuit After a Claim Denial
Filing a lawsuit is frequently the most effective tool after an insurance denial. For third-party claims (against the at-fault driver’s insurer), the lawsuit is filed against the at-fault driver individually — the insurer provides the defense but the judgment is against the driver, and the insurer pays the judgment up to policy limits (or faces bad faith exposure for excess verdicts if they failed to settle within limits when they should have). For first-party UM/UIM claims, the lawsuit or mandatory arbitration proceeding is against the insurer directly. Nevada’s two-year statute of limitations NRS 11.190 runs from the date of the accident for underlying personal injury claims, so a denial in the middle of a coverage dispute does not extend this deadline — always consult an attorney promptly after a denial to preserve your legal rights.
Contact Marathon Law Group — Las Vegas Denied Insurance Claim Attorney
A denied insurance claim is often the beginning of the fight, not the end. Marathon Law Group represents Las Vegas injury victims in challenging wrongful insurance denials, filing bad faith claims, and pursuing full compensation through litigation. Contact us after any insurance denial before the statute of limitations expires.
If you or a loved one has been injured, contact our experienced Las Vegas car accident attorney at Marathon Law Group. We offer free consultations and only get paid when you win.