Why You Should Choose a Leverty Car Insurance Lawyer
At Leverty Law, we are specialists when it comes to auto insurance issues in Las Vegas and elsewhere in Nevada. Our attorneys have the experience and tenacity to prevail in difficult auto insurance cases, because we are specialists in this area of the law.
Lead attorney Gene Leverty has been delivering for clients in Nevada for 40 years. Alongside his work in legal practice, Gene previously served as Chief Deputy Insurance Commissioner of the State of Nevada. He has also worked on the opposite side of the fence in insurance claims law, representing insurers. Gene’s broad experience has left him uniquely well-positioned to help clients who get into difficulty with motor insurance companies.
Of course, when it comes to the quality of the service we provide, you do not have to take our word for it. Our testimonials page is full of positive reviews from past clients.
How We Can Help You Rectify Auto Insurance Issues
The job of an auto insurance attorney involves a lot more than just arguing cases in court. Our involvement in insurance disputes begins as soon as you approach us for a free consultation.
We will analyze all the documentation related to your policy and claim, the evidence of your accident, medical records related to your crash, and any other documentation that might be relevant to your situation (such as vocational evidence related to your job if your accident has left you unable to work). From there, we will be able to tell you whether a lawsuit is a good idea.
At this point, we should stress that we will be completely honest with you when it comes to advice on a potential lawsuit. Our role is not to persuade you to get involved in a legal battle, or to do anything at all with which you are uncomfortable. We are here to give you the best help we can.
If we do decide to sue your insurance company, the process of case-building begins immediately once we have filed suit in the relevant court. This will involve discovery, where both parties request information and evidence that relates to the case. There may also be depositions, interactions with expert witnesses, and various motion filings.
There will be opportunities to settle your dispute out of court before it ends up in front of a judge and jury. This is generally preferable for all parties, as it saves a lot of time and legal expenses. However, if we are not able to secure a reasonable settlement in this way, we will not hesitate to bring the fight to court.
It is important to note that our attorneys deal with auto insurance issues, rather than accident claims. Because we specialize in insurance claims rather than dealing with road accidents generally, we deliver a tailored, expert service for clients that other road accident lawyers cannot emulate. We deal with bad faith auto insurance practices every day, so we know exactly what it takes to prevail in cases like this.
What Is Bad Faith in Auto Insurance in Nevada?
Auto insurance bad faith occurs when an insurance company refuses to honor its contractual obligations to a policyholder. Insurance companies, like organizations in any other industry, must adhere to a covenant of good faith and fair dealing. Their duties in this regard include investigating claims properly and within a reasonable timeframe, communicating openly and promptly with you on all important matters related to policies and claims, and paying out within a reasonable period once claims have been settled. If the insurance company fails to carry out any of these duties, it may be liable for damages arising from an insurance bad faith lawsuit.
In Nevada, bad faith insurance claims are governed by both statutory and common law. Nevada Revised Statutes (NRS) 686A.310 lists several unfair practices by insurers, such as misrepresenting policy provisions, failing to acknowledge or act on claims, and not attempting to settle claims in good faith.
Some examples of bad faith insurance practices by auto insurers in Nevada include:
- Denying a claim without giving a reason or without conducting a proper investigation.
- Delaying payment of a claim or offering an unreasonably low settlement.
- Misinterpreting policy language or facts to avoid coverage.
- Failing to communicate with the policyholder or respond to inquiries.
- Refusing to defend or indemnify the policyholder against third-party claims.
What to Do Following a Las Vegas Car Accident
Though it can be difficult to remain calm and collected after an accident, there are certain steps you should take during this time to give yourself the best chance of recovering compensation for an accident claim.
Firstly, be sure to exchange information with the other driver(s) involved in the accident, including names, phone numbers, insurance information, and driver’s license numbers. Once you have done this, however, do not engage in any further discussion about the accident with anyone at the scene. You may accidentally say something that will stand against you in a lawsuit later on.
You should take photos of the accident scene and any damage to your vehicle. Additionally, if there are any witnesses present, you should take their contact details if they are willing to provide them.
It is vital that you seek medical attention as soon as possible after a collision, even if you think you are healthy, as some injuries may not be immediately apparent.
Finally, contact your insurance company to report the accident and start the claims process.
What Damages Are Recoverable in a Las Vegas Auto Insurance Case?
When you succeed in an auto insurance lawsuit, there are three categories of damages that may be available to you: special, general, and punitive.
Special damages (also known as economic damages) compensate claimants for monetary expenses with a clear dollar value. In a bad faith insurance lawsuit, these damages will typically be derived from the benefits your insurer should have paid you up until that point in time. They may also account for legal fees and other expenses you incurred because of your insurance company’s wrongful claim denial. The court may also order the insurer to continue paying benefits into the future, if applicable.
General damages, also referred to as noneconomic damages or pain and suffering damages, compensate claimants for noneconomic losses. In insurance lawsuits, these can compensate for things like the emotional distress associated with your claim denial.
Punitive damages do not relate to any economic or noneconomic loss incurred by the claimant, but instead are designed to punish the liable party for their egregious behavior and discourage similar conduct by others in the future. Per the Nevada Revised Statutes 42.005, punitive damages are available in insurance bad faith cases in the state without an upper limit.
Frequently Asked Questions (FAQs)
How Long Do I Have to File an Auto Insurance Lawsuit?
In Nevada, the statute of limitations for filing an auto insurance lawsuit is generally two years from the date of the accident or incident that caused the injury or damage. This means that you must file your lawsuit within two years of the accident, or you may lose your right to sue.
It is important to note that there are some exceptions to the two-year statute of limitations in certain cases. For example, if the injury or damage was not immediately apparent or if the defendant concealed their role in the accident, the statute of limitations may be extended.
Who Is the Defendant in a Las Vegas Auto Insurance Lawsuit?
Las Vegas auto insurance lawsuits target bad faith conduct by insurance companies, so it is these companies who are the defendants in lawsuits of this kind. It may be possible to sue other parties following a car accident, such as the driver of another car that was involved, but we do not deal with these kinds of cases at Leverty Law.
What Will an Auto Insurance Lawsuit Cost in Legal Fees?
This will depend on the auto insurance lawyer you hire, as different firms use different fee structures and rates. At Leverty Law, we work on a contingency basis – that means we do not make anything from your case unless you do. If your lawsuit is successful, we take our fees as a percentage of your judgment.
Should I Visit a Doctor After a Car Accident Even If I Feel OK?
You should always seek medical attention after a collision, even if you have no noticeable injuries or other issues. Even if you feel fine, you could have some health issue that has not yet made itself apparent, and catching it early could make all the difference in terms of your recovery. Additionally, the records from your doctor visits will serve as important evidence in the claims process later on.
Working with a Las Vegas Car Insurance Attorney Who Will Fight for Your Rights
Car accidents can be devastating to your health, your personal life, and your career. The last thing you need in a situation like this is a wrongful denial of much-needed benefits by your insurance company.
Do not let your insurance provider take advantage of you. Contact us today to schedule a free initial consultation about your case. Call us at (702) 507-0201 and we will analyze your policy and your claim and get to work on building a case for you right away.