If you have even been involved in a Nevada accident, you may not know what you should expect from the process of filing an insurance claim. Because you pay your premiums on time every month, you may simply assume that any claim you file with the insurance company will be paid and the process will be smooth. Many insurance companies, however, value profits over people. If you are filing an insurance claim, you are likely going to face challenges getting fair treatment and possibly have your claim denied.
Reasons Why Claims are Denied
There are many reasons why an insurance company would refuse to pay a claim. These include:
- Denial of liability: One of the most common reasons an insurance company gives for denying a claim is a failure to establish liability. Damages will only be covered by an insurance company if it reviews the evidence and determines it is financially responsible;
- Comparative fault: In some insurance claim cases, the company denies the claim due to comparative fault because of the injured party’s own negligence that contributed to the accident. The insurer may deny coverage if it believes you caused or contributed to your injuries;
- Insufficient medical evidence: Seeking immediate medical treatment after an accident is critical as those records will provide key evidence in your personal injury claim. Be sure to get copies of all relevant medical records;
- Pre-existing conditions: While documenting your injuries is important, you should not give the insurance company full access to your records. This is because the insurance company will try to claim your injuries were pre-existing and deny the claim;
- Form errors or missed deadlines: Clerical errors and missed deadlines are other reasons for denying an insurance claim. Make sure your paperwork is complete and submitted on time to avoid a denial;
- Coverage maximum exceeded: It is important to know that there are limits on the coverage available from your insurance. If your claim is beyond the maximum coverage limit, benefits may be denied. The best way to avoid this is to seek other defendants who may be liable for the accident that caused your injuries.
There are many damages available to a personal injury victim in Nevada. This includes payment for medical bills, rehabilitation, lost wages, and possibly disability as well as pain and suffering and mental anguish. Notably, Nevada law has specific limits, or caps, on damages available to an injured victim in a personal injury claim. Indeed, there are limits on non-economic damages in medical malpractice cases — specifically “pain and suffering” damages. This cap maxes out at $350,000. This cap does not affect economic damages, however, including those previously mentioned costs and expenses.
If you have been involved in a Nevada accident, the experienced personal injury lawyers at H&P Law can help seek the monetary compensation you deserve. If your insurance claim has been denied, contact our skilled lawyers. We know the insurance companies’ tactics and will seek out evidence to get a successful approval. Contact our Las Vegas or Henderson office today to schedule your initial case evaluation.