by marcus

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by marcus

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In Nevada your insurance company cannot raise your insurance premiums due to an accident that is not your fault.

In Nevada, NRS 687B.385 provides:

An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of motor vehicle insurance covering private passenger cars or commercial vehicles as a result of any claims made under the policy with respect to which the insured was not at fault.

The relevant Nevada Administrative Code (NAC), 687b.850 provides:

  1. An insurer shall not cancel, refuse to renew or increase the premium charge for the liability coverage under a policy of motor vehicle insurance upon renewal of the policy of motor vehicle insurance because of an accident that is not a chargeable accident.
  2. Each insurer shall file with the Division its definition of a “chargeable accident” and shall use the filed definition. The insurer’s definition of a “chargeable accident” may include only those accidents for which the insured is 50 percent or more at fault.]
  3. Each filing of a rate for a policy of motor vehicle insurance submitted to the Division must define a “chargeable accident” in terms of a monetary amount of damage.
  4. An insurer may not define a claim made under the comprehensive portion of a policy of motor vehicle insurance as a chargeable accident in order to increase the premium for the policy or to cancel the policy, but the insurer may use a series of such claims to discontinue comprehensive coverage or to offer a higher deductible for comprehensive coverage upon the renewal of the policy.

These laws prevent insurance companies in Nevada from raising insurance premiums for people who make a uninsured/underinsured (UM/UIM) motorist coverage claims. The Nevada Supreme Court has upheld the lawe despite the insurance industry’s claim that it amounted to an unconstitutional taking. See Reinkemeyer v. Safeco Ins. Co. of America, 16 P.3d 1069, 117 Nev. 4 (2001) (holding the statute that prohibits an insurer from cancelling, refusing to renew, or increasing the premium for a policy of casualty or property insurance as a result of claims with respect to which the insured was not at fault is not facially unconstitutional under the state due process and takings clauses).

Statistics show that around 1 in every 4 drivers in Nevada is uninsured, with many more being underinsured, when you are the victim of someone else’s negligence, it is important that you maximize your recovery.  Call Moss Berg Injury Lawyers today and Get Moss Berg On Your Side!