How do you Serve a Lawsuit on a Defendant Insurance Company in a Bad Faith or Breach of Contract Action?

You bought car insurance thinking you would be covered in case something happened to you while driving.  Since you are forward thinking, you bought UIM (underinsured motorist) coverage, which protects you in case you are hit by an uninsured or underinsured driver.  Yet, your insurance company is not living up to their end of the bargain, by paying you your UIM car insurance benefits.

If you are in this situation and need to hire an attorney to fight the insurance company, you may be wondering, how does the insurance company actually get notice of the lawsuit? As part of doing business in the state of Nevada, all insurance companies have to go through the Nevada insurance commissioner before they set up shop here in Las Vegas, Nevada. As part of the that process, each insurance company agrees that if a lawsuit is filed against it, the Nevada Insurance commissioner can accept notice of the lawsuit on their behalf. The laws that apply in this situation are NRS §680A.250 and NRS §680A.260.

If they are an out of state insurance company, then your Las Vegas insurance attorney is required to serve the Nevada insurance commissioner instead of the individual defendant insurance company. If they are an in-state insurance company, then the statute allows your Las Vegas personal injury attorney the option to serve the Nevada insurance commissioner instead of the defendant insurance company.

How does this process work?  In Las Vegas, the Nevada Insurance Commissioner’s office is located at 2501 East Sahara Ave., Suite 302, Las Vegas, NV 89104.   Two copies of the Complaint and Summons (lawsuit), with a check in the amount of $30.00 are hand delivered to the insurance commissioner’s Sahara office. The $30.00 fee is set by the Nevada State Legislature. NRS §680B.010 lays out the fees related to insurance companies.  This fee cannot be changed by the Nevada insurance commissioner, as it is set by the State legislature. The benefit of serving the Nevada insurance commissioner’s office is that anyone, including your Las Vegas personal injury attorney, and not a process server, can drop off the lawsuit documents and check with the insurance commissioner’s office. 
 
Once the insurance commissioner receives the lawsuit paperwork, they forward the documents via certified mail, to the defendant insurance company. Service of process is deemed complete when the insurance commissioner mails the paperwork to the defendant insurance company. Normally, defendants get 20 days to file an answer to a lawsuit. However, when serving the Nevada insurance commissioner, insurance companies get an additional 10 days, for a total of 30 days to file a response to the lawsuit.

After the lawsuit documents are mailed, then your personal injury lawyer will deal directly with the defendant insurance company.

Next time we will discuss how to serve someone with a lawsuit through the Nevada Department of Motor Vehicles.

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