Las Vegas Bad Faith Insurance Lawyers
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Insurance Bad Faith Lawyers In Las Vegas
When you sustain a personal injury in Nevada, negotiating with insurance companies can be both daunting and confusing. Initially, it may seem like the insurer and adjuster are in your corner; however, the truth is that their main objective is to protect their bottom line.
If an insurance company refuses to pay a claim that is clearly valid under the terms of their contract, this is referred to as acting in bad faith. If you feel like your insurer has acted unethically towards you, it’s essential for injury victims to reach out and speak with a knowledgeable Las Vegas personal injury attorney who can assist them in getting the compensation they deserve. Here’s all there is to know about Nevada’s legal system when it comes to bad faith insurance claims.
What Is Bad Faith Insurance?
According to Nevada law, insurance companies have an obligation to thoroughly investigate claims that fall within their policy coverage and must pay them in a timely manner. A breach of contract or bad faith on part of the insurer occurs when they deny your claim without any reasonable justification for doing so. For example, providing false information about why you’re not covered under their policy; denying benefits owed due even though there is no doubt your loss falls into the scope of coverage; failing to meet deadlines; or refusing to accept responsibility for investigating losses with reasonable diligence.
- Delaying payment
- Offering less than the claim is worth
- Requiring an unreasonable amount of paperwork to process the claim
- Denying liability when liability is obvious
- Trying to mislead the policyholder about what the policy covers
- Ignoring the person making the claim
- Failing to give a good reason for denying the claim
- Interpreting policy language in an unreasonable way
What Is Good Faith Insurance?
In contrast to ill intent, good faith is necessary for insurance companies. Specifically, they must:
- Pay losses that are covered by their policies
- Make payment in a reasonable amount of time
- Defend the policyholder against third-party claims when there’s a viable defense and pay the claims to protect its insured from an amount over the policy
- Settle claims when they should under the law
- Communicate all offers
Common Examples Of Bad Faith Insurance In Nevada
Few things are as troublesome and unfortunate for policyholders as filing an insurance claim after a car accident or weather-related damage to their home, only to have the claim denied. It can be incredibly disheartening because no one wants to enter such a harsh situation in the first place.
Individuals who have endured injuries due to a collision, whether an automobile collision or other type of personal inury, may run into issues with their own insurance provider in addition to the insurance company for the liable party. The law has legally mandated that insurers must act ethically and justly to negotiate the claims of customers. An insurer may be acting inappropriately if they delay payments, give inadequate compensation, or mishandle any claim lodged by individuals.
In an effort to minimize expenses, insurance companies in Nevada try many ways of violating their legal responsibility towards policyholders and victims of injury. Here are some of the most common bad faith insurance practices:
- Denying a claim without providing a reason why
- Failing to act reasonable when investigating a claim
- Refusing to perform a full evaluation of the claim
- Considering the interests of the insurance company greater than the interests of its insured
- Offering less money than the claim is worth
- Failing to follow the terms set forth in an insurance agreement
- Providing incorrect information about a policy or its specific language
- Denying or refusing to pay on a valid claim
- Refusing to provide documentation
- Threatening, harassing, or intimidating the policyholder
- Refusing to provide required paperwork or deadlines until after they have passed
- Denying or delaying decisions on requests for approval of medical treatments
- Failing to communicate with the parties to the accident
- Failing to honor the policy at play
- Stalling, delaying the process
- Denying a valid claim
Have you experienced a bad faith insurance claim in Nevada? Don’t hesitate to contact our Las Vegas bad faith insurance lawyers for an obligation-free consultation. McMenemy | Holmes routinely represents injured victims in Nevada who have been taken advantage of by insurance companies. Call our office today for a free consultation and to learn more about how we can help.
Frequently Asked Questions
What Damages Are Available When a Company Acts in Bad Faith?
When an insurance provider betrays trust and fails to honor their contractual obligations, you deserve to be reimbursed for any losses incurred. In such cases, you should not only receive the total that is owed under the original policy terms but also financial compensation for your attorneys’ fees associated with filing a lawsuit in order to compel payment of said funds.
It is understandable to experience frustration, anxiety, and pain, both mental and emotional, when you have a legitimate claim that your insurance company denies or unreasonably delays. You can seek compensation for these damages as well. In cases where the insurer’s refusal proves to be part of an ongoing pattern of bad faith behavior, punitive damages may also become available.
Why Do Insurance Companies Act in Bad Faith?
It all comes down to one thing: profits. Insurance companies are fully aware that they can make more money when they deny claims, expecting you to simply give up and walk away. However, this should never be the case. Can you imagine any other situation in which you pay for a service but don’t receive what was promised? Insurance companies are fully aware that they can make more money when they delay and deny claims, expecting you to simply give up.
Any individual or organization is responsible to adhere to their contractual agreements, and insurance companies are no different. Although they may deny legitimate claims out of the pursuit of profit, you can take legal action against them in order to hold them accountable and ensure that all policyholders receive honest payment from the company. By standing up for your rights, you’re ensuring fair treatment not only for yourself but also for every other insured person.
How Do I Prove My Bad Faith Insurance Claim?
If you have experienced a bad faith insurance claim, it is required for you to prove that the contract was breached and satisfy personal injury law. You must show evidence of an agreement between yourself and the insurance company which has been violated in order for them to be liable for your harm or loss.
Additionally, it’s essential to demonstrate that this specific type of claim is included within their policy concerning who can potentially lay blame on whom. To win such a case, all these elements must be proven: firstly that there exists a contractual obligation between the insurer and insured; secondly that they are responsible owing to wrongfully refusing payment; finally your covered losses were caused by the said breach as stipulated in your policy documents.
Lastly, you must demonstrate the insurance’s company’s breach of its fiduciary duties to its insured by acting unreasonable in its handling of the claim. This is accomplished by reviewing failures in the claims files and violations of the company’s policies and procedures. This can be done by amassing a paper trail that documents their examinations into your claim in accordance with Nevada’s civil procedure rules. Additionally, interviews and depositions can effectively display to the jury how they handled your case. All this will provide evidence of bad faith on behalf of the insurer.
How Long Does An Insurance Company Have To Settle A Claim in Nevada?
Generally, an insurance company has 30 days to investigate the legitimacy of a claim before finalizing its evaluation and making an offer under the policy to its insured. An insurance company could request additional time but it must show the reasons for the additional time requested and it must show what it has done during those 30 days. If the offer is accepted, payment must be made promptly, usually within 14-21 days. Insureds who have to file a lawsuit against their own insurance company, must do within: 3 years for a breach of Nevada’s Unfair Fair Claims Practices Act (NRS 686A.310); 4 years for bad faith (tortious breach of implied covenant of good faith and fair dealing); and 6 years for breach of the insurance policy (written contract).
Contact Our Las Vegas Bad Faith Insurance Lawyers Today
If your insurance adjusters have denied or neglected to protect your claim, our Las Vegas bad faith insurance attorneys are here to help. We know how the industry puts profits over policyholders and we’re prepared to challenge that. At McMenemy | Holmes, our team of seasoned attorneys may be able to bring a case against them in order for you to obtain reimbursement for medical bills, property damage, and defense costs incurred during this process. Get in touch with our office today for a free consultation and to discuss further the possibilities available for you.