Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Nebraska law, insurers must handle claims fairly and promptly. Neb. Rev. Stat. § 44-1524 (Unfair Claim Settlement Practices) prohibits unfair settlement practices such as delaying claims, refusing to investigate, and failing to respond. To challenge delay or denial tactics after a collision, follow these steps:
1. Review Your Policy and Send a Written Demand
Start by reading your auto insurance policy to understand coverage terms and time limits. Send a written demand letter by certified mail, referencing Neb. Rev. Stat. § 44-1524. Include claim details, deadlines, repair estimates, photos, and any relevant reports. Keep proof of mailing and receipt.
2. File a Complaint with the Nebraska Department of Insurance
If the insurer ignores your demand or denies coverage, file a complaint with the Nebraska Department of Insurance. The DOI enforces the Unfair Insurance Practices Act and investigates bad-faith claims. Submit your complaint here: Nebraska DOI Complaint Portal.
3. Utilize Mediation or Appraisal Clauses
Many policies include a dispute resolution clause requiring mediation or appraisal before litigation. Review your policy for an appraisal process. Appraisal uses neutral appraisers to set the claim value, which can overcome denial tactics.
4. Pursue a Bad Faith Lawsuit
If administrative steps fail, consider filing a bad faith suit in Nebraska state court. Under Neb. Rev. Stat. § 44-1524, you can seek extra-contractual damages for unreasonable delay or denial. Proving bad faith requires documented evidence of the insurer’s misconduct. Consult an attorney to evaluate your case and navigate the legal process.
Helpful Hints
- Document every communication with your insurer, including dates, times, and names.
- Retain copies of all estimates, invoices, photos, and correspondence.
- Stay mindful of policy deadlines and statutory filing limitations.
- Send correspondence by certified mail to establish a record of delivery.
- Seek a free or low-cost legal consultation early to protect your rights.