On this page
- Who the adjuster works for
- Letters, calls and the 20-day reply rule
- What an adjuster may ask for
- What is a recorded statement?
- How fast a Nevada insurer has to respond
- What Nevada law says insurers may not do
- The first offer, and what a release closes
- How to complain about an insurer in Nevada
- Your own policy may matter too
- Terms you will hear
- Sources
Who the adjuster works for
The adjuster handles the claim for the other driver's insurer. That company's bodily injury liability coverage pays for injuries its driver is legally responsible for, up to the policy limits. In Nevada the minimum is $25,000 for one person and $50,000 for two or more in one crash (NRS 485.185).
The Nevada Division of Insurance describes liability coverage the same way. It protects the insured driver only when they are liable, and pays for injuries to others and damage to their property (Division of Insurance).
Your own insurer has its own adjuster. Your policy may require you to cooperate with your own company. That duty is in your policy, not in the other driver's. A lawyer can explain what applies to your situation.
Letters, calls and the 20-day reply rule
Nevada's claim rules cover what a claimant sends, as well as what the insurer asks for. When a claimant's letter or call reasonably suggests a reply is expected, the insurer must make an appropriate reply within 20 working days (NAC 686A.665(3)).
The 20 working days run from when the insurer receives the communication. The same count applies to acknowledging a new claim (NAC 686A.665(1)).
What an adjuster may ask for
- A recorded statement. An interview the insurer records about the crash and your injuries. It becomes part of the insurer's file.
- A medical records release. A form that lets the insurer collect records from your providers. The form lists which providers and dates it covers.
- Photos, the police report number and repair estimates. In Las Vegas, a copy of an LVMPD traffic collision report costs $13.00 (LVMPD). Our guide on how to get a Las Vegas police report explains where the report comes from.
Questions about how the crash happened go to fault. Under NRS 41.141, a person partly at fault can still recover if their share was not greater than the other side's. At trial, a jury finds the total damages and each party's percentage of fault, and the recovery is worked out from those findings.
What is a recorded statement?
A recorded statement is a phone or in-person interview that the insurer saves. It is about the crash and your injuries, in your own words.
The recording and the adjuster's notes stay in the insurer's claim file. Nevada's rules on how an insurer handles claims, including what it may say to a claimant, are below. A lawyer can explain what applies to your situation.
After each call with any insurer, write down the date, the person's name, what they asked for and anything they said would happen next. Keep their letters and emails in the same place.
How fast a Nevada insurer has to respond
Nevada's Division of Insurance regulations set clocks for claim handling. Most count working days, and they apply to every insurer, including the other driver's:
| What the insurer must do | Time limit | Rule |
|---|---|---|
| Acknowledge a claim notice, unless it pays within that time | 20 working days | NAC 686A.665(1) |
| Reply to a claimant's letter or call that expects an answer | 20 working days | NAC 686A.665(3) |
| Begin investigating the claim | 20 working days | NAC 686A.670(1) |
| Finish the investigation, unless it cannot reasonably be done | 30 days | NAC 686A.670(2) |
| Give written notice when talks with a claimant who has no lawyer run toward a time limit | 60 days before it may expire | NAC 686A.675(5) |
For claims on your own policy there are more. After proof of loss, your insurer has 30 working days to accept or deny, in writing if it denies. Once it accepts, it has 30 days to pay, or it owes interest (NAC 686A.675).
The same regulation limits deadline talk. An insurer may not tell a claimant against its driver that their rights may suffer unless a form or release is signed by a date. The one exception is notice of a statute of limitations (NAC 686A.675(6)).
What Nevada law says insurers may not do
NRS 686A.310 lists unfair practices in settling claims. Among them:
- misrepresenting pertinent facts or policy provisions to insureds or claimants;
- failing to acknowledge and act reasonably promptly on communications about claims;
- failing to make prompt, fair and equitable settlements once liability has become reasonably clear;
- failing to promptly explain to its own insured the basis for a denial or a settlement offer;
- advising an insured or claimant not to seek legal counsel;
- misleading an insured or claimant about a statute of limitations.
The first offer, and what a release closes
An offer is the amount the insurer proposes to close the claim. An injury claim can close with a signed release. A release generally ends the claims it describes.
Nevada's regulation limits releases in two ways. On your own policy, an insurer may not ask you to sign a release that reaches beyond the loss the payment is for. And no insurer may send a partial payment check worded as a release of its whole liability (NAC 686A.660).
Medical bills can keep arriving after the first visit. Our guide on who pays medical bills after a car accident in Nevada explains MedPay, health insurance and hospital liens, and when each one pays.
How to complain about an insurer in Nevada
The Consumer Services Section of the Nevada Division of Insurance handles consumer complaints. It asks people to try the insurance company first. If that fails, the complaint is filed online, an investigator is assigned, and a copy goes to the insurer (Division of Insurance).
For a complaint about a claim, Nevada's regulation gives the insurer 10 working days to answer the Division's inquiry adequately. It may ask for an extension of up to 20 working days (NAC 686A.665(2)).
The Division says the insurer generally must reply within 20 business days. It also says it does not give legal advice. Filing a complaint does not extend any time limit in a policy, statute or regulation. The form also comes in Spanish, Tagalog and Traditional Chinese (Division of Insurance).
The Division's Las Vegas office is at 3300 W. Sahara Ave., Suite 275. Its phone is (702) 486-4009, and its toll-free line is (888) 872-3234 (Division of Insurance, Contact Us).
Your own policy may matter too
Nevada insurers must offer uninsured and underinsured motorist coverage at the same limits as your bodily injury coverage. They must also offer medical payments coverage of at least $1,000 (NRS 687B.145). Check your declarations page for both.
The Division of Insurance explains what that coverage is for. It pays the medical costs of you and your passengers when the other driver is at fault and uninsured. It also pays when their insurance is not enough to cover all of your loss (Division of Insurance).
If the other driver had no insurance, or too little, see our guide on being hit by an uninsured driver in Nevada.
Terms you will hear
- Adjuster
- The person at an insurance company who handles a claim.
- Claimant
- The person making a claim. A third-party claimant claims against someone else's insurance; a first-party claimant claims on their own.
- Recorded statement
- An interview the insurer records for its file.
- Release
- A signed document that closes a claim.
- Working days
- Business days. Nevada's claim rules count most deadlines this way.
- Unfair claims practice
- Conduct NRS 686A.310 lists as unfair when an insurer settles claims.