This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Claim For Subrogation In Nevada
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If you are injured in an accident in Nevada, subrogation laws prevent you from getting a double financial recovery from 1) your insurance company and 2) the at-fault party. Therefore if your insurance company pays for all of your damages, you cannot then sue the negligent party that injured you for those same damages.
How long does subrogation take? In general, the average subrogation process takes around 6-months. However, depending on the severity of the accident in question, it could take longer.
When factoring comparative negligence and improper referrals, the recovery rate should be somewhere in the range of 85-90%. This requires adjusters properly identifying subrogation, assessing comparative negligence and pursuing only what they are entitled to.
Insurance companies don't have forever to make a subrogation claim. While the statutory limitations period can vary depending on the type of subrogation claim made—and in which jurisdiction it is made—the standard statute of limitations ranges from one to six years.