What to Do If Your Uninsured Motorist Claim Is Denied?

If your uninsured motorist claim is denied, your immediate next step should be to thoroughly review the written denial notice from your insurance company. This denial is not the final chapter in your story; it is a challenge you can meet with careful preparation and an understanding of your rights as a policyholder in Nevada. Facing this situation after a collision is incredibly frustrating, especially when you have faithfully paid premiums for this exact type of protection.

Why Did My Insurance Company Deny My Claim?

It can feel like a betrayal when your own insurance provider refuses to cover your damages after an accident with an uninsured driver. Insurers may present various reasons for a denial, and understanding their stated logic is the first step in building a response.

Some common reasons for a denial include:

  • The insurer claims your policy was not in effect at the time of the accident.
  • They argue that the other driver was not actually at fault for the crash.
  • The company disputes the severity of your injuries or links them to a pre-existing condition.
  • They assert there is an exclusion in your policy that applies to your situation.

These justifications can often be disputed with strong evidence and a clear understanding of your policy’s terms.

What Should I Do Right After Getting a Denial Notice?

When you receive that denial letter, it is easy to feel angry and frustrated. It’s time to regroup and forge ahead. Consider taking these initial actions:

  • Analyze the Denial Letter: Read the letter multiple times. Identify the specific reason or reasons cited for the denial, as this will be the core of your dispute.
  • Gather All Your Records: Collect every piece of paper and digital file related to your accident and claim into one place. This creates a comprehensive file to support your case.
  • Create a Detailed Timeline: Write down the sequence of events, starting with the accident itself. Include dates and times of every conversation with the insurance adjuster, every medical appointment, and every related expense you have incurred.

Having all your facts in order provides a solid foundation for any next steps you choose to take.

Key Documents to Collect

A well-organized file is a powerful tool. As you gather your records, make sure you have located several key items that are central to challenging a denied uninsured motorist claim.

Your document checklist should include:

  • The official police or accident report.
  • A complete copy of your auto insurance policy, paying close attention to the Uninsured Motorist (UM) section.
  • All medical records, bills, and receipts related to your accident injuries.
  • Photographs or videos of the accident scene, vehicle damage, and your injuries.
  • A log of all communication with your insurer, including names, dates, and what was discussed.

These documents together tell the full story of your accident and the financial impact it has had on your life.

Can I Fight the Insurance Company’s Decision?

Yes, you have the right to challenge your insurer’s decision. When you purchase an insurance policy, you enter into a contract. Part of that contract is the insurer’s implied duty to treat you with good faith and fair dealing. When they fail to do so, for instance by denying a valid claim without a proper reason, it may be considered an act of bad faith. This is a serious issue that goes beyond a simple disagreement over a claim.

Actions that may point toward unfair insurance practices include:

  • Refusing to pay a claim without conducting a reasonable investigation.
  • Failing to provide a clear, written explanation for the denial.
  • Intentionally misinterpreting the language in your policy to avoid paying.
  • Using unnecessary and prolonged delays to discourage you from pursuing your claim.

Dealing with this on top of your physical recovery and the daily stress of life, whether you are dealing with traffic on the I-15 in Las Vegas or near the Truckee River in Reno, can feel impossible. If you believe your insurer is acting in bad faith, discuss your legal options with an experienced lawyer.

FAQ for Uninsured Motorist Claim Is Denied

Here are answers to some common questions people have when facing a denied UM claim.

What is the difference between uninsured and underinsured motorist coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no auto insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full cost of your injuries and damages.

How long do I have to dispute a denied claim in Nevada?

Nevada has specific time limits, known as statutes of limitations, for taking legal action related to breach of contract and bad faith claims. The timeframe can vary based on the specifics of your case, so reviewing your situation promptly is important.

Can my insurance rates go up if I use my UM coverage?

In Nevada, an insurer is generally prohibited from increasing your premiums, canceling your policy, or refusing to renew it solely because you made a claim against your UM coverage, as long as you were not at fault for the accident.

Do I still need to communicate with my insurance adjuster after the denial?

It is often wise to limit direct communication after a formal denial and ensure that any further correspondence is in writing. This creates a clear paper trail and reduces the chance of saying something that could be misinterpreted.

Find Your Path Forward with Trusted Legal Support

A denied uninsured motorist claim can leave you feeling powerless against a large corporation. But it is important to remember that you have rights, and the initial denial does not have to be the end of the road. Protecting your well-being and financial stability is the top priority. When the process becomes too complex or you feel your insurer is not treating you fairly, seeking guidance can illuminate the path ahead.

The team at Leverty & Associates Law has focused on assisting clients with unfair insurance practices for years. With a collective experience of over 100 years, our attorneys are dedicated to standing up for policyholders in Reno, Las Vegas, and across Nevada. If you are struggling with a denied UM claim, we invite you to discuss your situation with our Reno car accident attorneys. Contact us today at (775) 322-6636 or through our online form for a free case consultation.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]

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