Detailed Answer
Overview. If an insurer denies your injury claim after a minor Nevada car accident, you have several steps you can take before (and instead of) filing a lawsuit. This article explains the common appeals path: how to read the denial, build your case, use internal appeals and external complaint processes, and when to consider court or attorney help. This is educational information only and not legal advice.
Step 1 — Read the denial and your insurance policy
Insurers must provide a written denial or an explanation for nonpayment. Carefully read the denial letter and your policy. Look for:
- Exact reasons the claim was denied (coverage, late notice, lack of medical necessity, causation, policy limits, excluded conduct).
- Any deadlines for internal appeals, requests for more information, or time limits to file suit.
- Whether your policy contains a mandatory arbitration clause or alternative dispute resolution requirement.
Step 2 — Collect and organize evidence
Gather everything that supports your claim. Common helpful items:
- Complete copies of the insurance policy declarations and endorsements.
- The insurer’s denial letter and any written communications.
- Accident report or police report.
- Photos of injuries, vehicles, and scene.
- All medical records, test results, doctor notes, billing statements, and receipts for out-of-pocket expenses.
- Names and contact information for witnesses.
- A written timeline of the accident, symptoms, and treatment.
Step 3 — Ask the insurer for a written explanation and reconsideration
Contact the claims adjuster in writing. Ask for a clear statement of the reason(s) for denial and cite any evidence that contradicts the denial. Provide the missing records, corrected facts, or additional medical documentation the insurer requests. Keep copies and send by tracked mail or email so you have proof of delivery.
Step 4 — File an internal appeal or demand for reconsideration
Many insurers have an internal appeal or review process. Follow the insurer’s written appeal rules and deadlines exactly. In your appeal:
- Summarize the facts and dispute each reason for denial point-by-point.
- Attach supporting documents (medical records, bills, photos, police report).
- Include a short demand for payment or coverage and the amount you seek (if appropriate).
Step 5 — Use external administrative options
If the insurer refuses to approve the claim after internal appeal, you can file a consumer complaint with the Nevada Division of Insurance. The Division accepts complaints about claim handling and unfair practices and can investigate the insurer’s conduct. Visit the Nevada Division of Insurance main site for information on filing a complaint: https://doi.nv.gov/.
Step 6 — Consider alternative dispute resolution or small claims court
Check your policy for arbitration or mediation clauses. If your policy requires arbitration, the insurer may ask you to submit to that process. Arbitration can be faster and less formal than court, but it limits some appeals.
If your damages are small and within Nevada small-claims limits, you may be able to pursue the case in justice (small claims) court without a lawyer. See the Nevada Courts self-help pages for small claims procedures: https://nvcourts.gov/Self_Help/.
Step 7 — Consider a civil lawsuit (statute of limitations)
If administrative routes fail, you can file a civil lawsuit against the insurer or against the at-fault party. Do not wait too long: Nevada has a time limit (statute of limitations) for personal injury lawsuits. For most personal injury claims, that time limit is two years from the date of injury. See Nevada Revised Statutes on statutes of limitation for civil actions: NRS 11.190. Confirm the exact deadline that applies to your situation, because exceptions can extend or shorten the period.
When you may have a bad-faith claim
In Nevada, an insurer’s unreasonable refusal to pay a valid claim can give rise to additional claims (sometimes called bad-faith or tort claims) beyond the underlying policy payout. These claims are fact-specific. If you believe the insurer denied your claim without a reasonable basis or refused to properly investigate, consult an attorney promptly to review whether a bad-faith cause of action exists.
When to get a lawyer
- Complex medical causation disputes, serious or disputed injuries, or significant damages.
- If the insurer raises coverage defenses or accuses you of fraud.
- If you want help preparing a demand letter, filing suit, or pursuing a bad-faith claim.
Practical timeline (typical). Immediately collect evidence and send any requested records. Ask for reconsideration within days to a few weeks. If internal appeal and the Division of Insurance do not resolve the claim, decide about arbitration, small claims, or filing a lawsuit before the statute of limitations runs.
Disclaimer
This information is educational only and does not constitute legal advice. I am not a lawyer. Laws change and each case has unique facts. For advice about your specific situation, consult a Nevada-licensed attorney.
Helpful Hints
- Act quickly: keep copies of every communication and note dates, names, and what was said.
- Read your policy declarations page first to confirm coverage types, limits, and deadlines.
- Send your appeal and demand by tracked mail or secure email so you have proof of receipt.
- If insurers request medical releases, sign only limited releases that exclude unrelated medical records.
- Ask your treating doctor for a clear causation statement linking treatment to the accident; insurers rely on medical nexus language.
- File a complaint with the Nevada Division of Insurance if you suspect mishandling: https://doi.nv.gov/.
- Check small claims rules and limits at the Nevada Courts self-help pages before filing there: https://nvcourts.gov/Self_Help/.
- Keep receipts for out-of-pocket costs, mileage, lost wages, and other economic losses tied to the injury.
- If you consider filing suit, confirm deadlines under NRS 11.190: https://www.leg.state.nv.us/NRS/NRS-11.html#NRS11Sec190.
- When in doubt about coverage, bad faith, or litigation strategy, consult a Nevada attorney promptly.