Uninsured/Underinsured Motorist Complaint

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Claim — Breach of Contract (UM/UIM Benefits)
8. Second Claim — Unfair Claims Practices (NRS 686A.310)
9. Third Claim — Common-Law Bad Faith
10. Damages
11. Jury Demand
12. Prayer for Relief

Caption

IN THE [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF [COUNTY NAME]

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, Nevada [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to transact business in the State of Nevada, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this matter pursuant to Nev. Const. Art. 6, § 6 and NRS 4.370.

5. Venue is proper in [COUNTY] County pursuant to NRS 13.040 because [☐ the accident occurred in this county / ☐ Defendant transacts business in this county / ☐ Plaintiff resides in this county].

6. The amount in controversy exceeds $[AMOUNT].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY], [COUNTY] County, Nevada.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating at an excessive or unreasonable speed (NRS 484B.600)
☐ Failure to yield the right of way (NRS 484B.257)
☐ Following too closely (NRS 484B.127)
☐ Driving under the influence (NRS 484C.110)
☐ Failure to obey a traffic control device (NRS 484B.300)
☐ Improper lane change (NRS 484B.223)
☐ Handheld device use while driving (NRS 484B.165)
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff [☐ accepted UM/UIM coverage / ☐ did not execute a valid written rejection of UM coverage on insurer's prescribed form].

Arbitration Not Binding

16. Pursuant to NRS 690B.017, any provision for arbitration contained in the UM/UIM endorsement of the Policy is not binding on Plaintiff.

Proration / Stacking

17. ☐ Multiple policies may apply to this claim.

☐ Plaintiff claims the benefit of the highest applicable policy limit of $[AMOUNT]
☐ Proration under NRS 687B.145 applies
☐ Stacking / proration is not at issue in this claim

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

18. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent / ☐ the at-fault motorist's coverage is below NRS 485.210 minimums].

☐ Underinsured Motorist (UIM) Claim:

19. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than Plaintiff's UIM coverage limits.

20. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

21. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

First Claim

Breach of Contract (UM/UIM Benefits)

22. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 21.

23. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

24. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

25. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

26. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Second Claim

Unfair Claims Practices (NRS 686A.310)

27. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 26.

28. Pursuant to NRS 686A.310, it is an unfair practice for an insurer to engage in unfair claims settlement practices.

29. Defendant Insurer violated NRS 686A.310 by engaging in one or more of the following acts:

☐ Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue
☐ Failing to acknowledge and act reasonably promptly upon communications with respect to claims
☐ Failing to adopt and implement reasonable standards for the prompt investigation of claims
☐ Refusing to pay claims without conducting a reasonable investigation
☐ Failing to attempt in good faith to effectuate prompt, fair settlements
☐ Compelling insureds to institute litigation to recover amounts due
☐ Other: [________________________________]

30. Plaintiff has been damaged by Defendant Insurer's unfair claims practices.

Third Claim

Common-Law Bad Faith

31. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 30.

32. Under Nevada common law, an insurer owes its insured an implied covenant of good faith and fair dealing.

33. Defendant Insurer breached its covenant of good faith and fair dealing by acting unreasonably and without proper cause in handling Plaintiff's claim.

34. Defendant Insurer's conduct was oppressive, fraudulent, malicious, or in conscious disregard of Plaintiff's rights, entitling Plaintiff to compensatory and punitive damages.

Damages

35. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Damages for unfair claims practices (NRS 686A.310)
☐ Compensatory damages for common-law bad faith
☐ Punitive damages (NRS 42.005)
☐ Prejudgment interest (NRS 17.130)
☐ Attorney's fees (NRS 18.010)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Damages for violation of unfair claims practices (NRS 686A.310);
4. Compensatory and punitive damages for common-law bad faith (NRS 42.005);
5. Prejudgment interest pursuant to NRS 17.130;
6. Attorney's fees pursuant to NRS 18.010;
7. Costs of this action; and
8. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], Nevada Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Nevada [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Nevada

Sources and References

• NRS 690B.020 — Justia (2024)
• NRS 690B.017 — Arbitration Not Binding
• NRS Chapter 690B — Nevada Legislature
• Nevada UM/UIM Overview — Shook & Stone
• Nevada UM/UIM Overview — Mainor Ellis