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Detailed answer — what to do next under Nevada law

When an insurer’s “final” or top offer does not cover your medical treatment and lost wages, you have several practical and legal paths under Nevada law. Follow these steps and use the legal tools available to try to improve the outcome.

1. Confirm the insurer’s offer and the policy limits

Ask the insurer for a written, itemized settlement proposal that explains how they calculated each payment (medical payments, impairment, lost wages, etc.). Check your policy for limits (for example, bodily injury limits, uninsured/underinsured motorist (UM/UIM) limits, and arbitration clauses). A clear understanding of policy limits tells you whether the insurer can possibly pay more.

2. Document your damages precisely

Put together a damage package that supports a higher demand: medical records and itemized bills, records of future recommended treatment (doctor reports, treatment plans), pay stubs, an employer letter confirming time missed and wages lost, tax returns if needed, and any receipts for out-of-pocket costs. For future lost earnings, get a vocational or earnings expert if the loss is large or contested.

3. Make a reasoned counteroffer with supporting proof

Send a written demand or counteroffer that lists each category of damages and attaches the documentation. Use certified mail or a trackable delivery method. Explain why the insurer’s valuation is too low (e.g., unpaid bills, ongoing care, lost wages that exceed their offer).

4. Negotiate and consider hiring an attorney for negotiation or demand letters

Insurers often negotiate differently with represented claimants. An attorney can evaluate whether the insurer’s conduct might support extra remedies (for example, improper investigation or denial), advise about settlement value, and negotiate liens and health-provider balances. If you have serious injuries or significant lost wages, consult an attorney early so you do not miss deadlines or accept an insufficient release.

5. Use alternative dispute resolution where available

Check your policy for an arbitration clause or mediation requirement. Many policies require arbitration for UM/UIM claims or contain clauses that change how disputes proceed. Arbitration can be faster than a lawsuit but may limit appeals; mediation can help the parties reach a higher settlement without court costs.

6. File a complaint with the Nevada Division of Insurance

If you believe the insurer engaged in unfair claims practices (misrepresentation, unreasonable delay, or failing to explain reasons for denial), you can file a consumer complaint with the Nevada Division of Insurance. The Division reviews complaints and can investigate potential violations of the state insurance code. See the Division’s consumer complaint page: Nevada Division of Insurance — Consumer Complaints.

7. Consider small-claims court or a civil lawsuit

If negotiation fails and your damages are within the small-claims limit, you may file in Nevada small claims court to pursue unpaid wages, unpaid medical bills, or a breach-of-contract claim against the insurer (or against a responsible third party). For larger claims, you can file a civil lawsuit. Be aware of Nevada’s time limits for bringing a personal injury action—generally two years for negligence-based personal injury claims—so move promptly. See Nevada’s statutes on limitation of actions: NRS Chapter 11 (limitations).

8. Watch for liens and subrogation problems

If health insurers, Medicare, Medicaid, or medical providers have paid bills for your care, they may assert liens or seek reimbursement from any settlement. Resolving liens and subrogation claims is essential to determining what net recovery you will have after settlement. Attorneys can often negotiate reductions of provider liens.

9. Evaluate a bad-faith claim carefully

Nevada recognizes rules against unfair insurance practices (NRS Chapter 686A). If an insurer unreasonably denies or delays payment, you may have administrative remedies and in some circumstances a tort claim for insurer misconduct. File a complaint with the Division of Insurance and consult an attorney to evaluate whether the insurer’s conduct rises to actionable bad faith. See NRS Chapter 686A (unfair trade practices): NRS Chapter 686A — Unfair Insurance Practices.

10. Act quickly

Deadlines matter. If you intend to sue, the statute of limitations can bar your claim if you wait too long. Preserve records and avoid signing a broad release without understanding whether the payment fully compensates current and future losses.

Helpful hints

• Keep everything in writing. Ask for written explanations and send your counteroffers and documents by a trackable method.
• Prove lost wages with pay stubs, employer verification, and tax records. If self-employed, use tax returns and profit/loss statements.
• If insurers argue your injuries are not that serious, get a clear treating-provider letter describing prognosis and expected future care.
• Ask providers if they will accept a reduced “compromise” lien if you settle — many will negotiate for quicker payment.
• Check your insurance policy for arbitration clauses or notice requirements and follow any required steps in the policy.
• File a complaint with the Nevada Division of Insurance if you suspect unfair claim handling: doi.nv.gov — file a complaint.
• If your case is modest in value, small claims court can be a cost-effective option — see Nevada Courts self-help resources: nvcourts.gov — Small Claims.
• Before accepting any settlement, confirm how liens and subrogation will be paid and what your net recovery will be.
• Consult an attorney early if you have significant medical expenses, permanent impairment, or substantial lost wages.