Frequently Asked Consumer Questions - Auto
1. How can my insurance company cancel my auto policy without giving me notice?

The details regarding midterm cancellation are spelled out in NRS 687B.320, which states:

  1. Except as otherwise provided in subsection 3, no insurance policy that has been in effect for at least 70 days or that has been renewed may be cancelled by the insurer before the expiration of the agreed term or 1 year from the effective date of the policy or renewal, whichever occurs first, except on any one of the following grounds:

    1. Failure to pay a premium when due;
    2. Conviction of the insured of a crime arising out of acts increasing the hazard insured against;
    3. Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder;
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    5. Discovery of:
      1. An act or omission; or
      2. A violation of any condition of the policy,
        which occurred after the first effective date of the current policy and substantially and materially increases the hazard insured against;
    6. A material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed;
    7. A determination by the Commissioner that continuation of the insurer’s present volume of premiums would jeopardize the insurer’s solvency or be hazardous to the interests of policyholders of the insurer, its creditors or the public; or
    8. A determination by the Commissioner that the continuation of the policy would violate, or place the insurer in violation of, any provision of the Code.
  2. No cancellation under subsection 1 is effective until in the case of paragraph (a) of subsection 1 at least 10 days and in the case of any other paragraph of subsection 1 at least 30 days after the notice is delivered or mailed to the policyholder.
  3. The provisions of this section do not apply to a policy of industrial insurance.  (Added to NRS by 1971, 1724; A 1987, 986; 2003, 3313)
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2. Why is DMV fining me? I had insurance when I moved here and told them so when I registered the car.

If your insurance company did not change your policy to a Nevada policy when you registered your vehicle, it will not be accepted by the DMV Insurance Verification Program. You should contact your insurer and request that your policy be changed to a Nevada policy, effective the date you registered your vehicle. Your premium may be higher and you will have to pay the additional premium. Although you had coverage in force, it was not a Nevada policy. When you registered the vehicle, you signed a DMV form stating that you would maintain a Nevada insurance policy on the vehicle.

This office regulates insurance.  If you have questions, please contact the DMV for further information.
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3. Why did the insurance company increase my premium because of my credit report?

Please refer to Bulletin 09-004 which explains Credit Based Insurance Scoring and its use in Nevada.

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4. Can my insurance company add my child to my auto policy without my request?

Insurance companies are allowed to rate the policy based upon members of the household. If your son or daughter has a permit or drivers’ license, the company can rate for this exposure. It is a good time to discuss driver responsibilities with your child and how driving records can impact insurance rates.

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5. Why doesn’t the Division of Insurance look at my damage to determine a fair settlement of my claim?

The Division investigates and examines claims handling practices of insurers on a regular basis.  The Division does not have judicial powers to resolve issues associated with the extent of damage, repairs needed, or cause of loss.

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6. My car was in excellent condition before it was damaged.  Do I have to accept used or “after-market” parts for repair?

Nevada Administrative Code 686A.240 handles this issue. It states:
“Disclosure when estimate of cost of repair based on use of body part not manufactured for or by original manufacturer of vehicle. (NRS 679B.130, 686A.015)

  1. If an insurer or his representative bases an estimate of the cost of repairing the body of a motor vehicle upon the use of a body part which was not manufactured for or by the original manufacturer of the vehicle to be repaired, the insurer shall disclose or cause his representative to disclose that fact to the claimant.

  2. .The disclosure must:

    1. Be printed on or attached to the copy of the estimate for repairs which is received by the claimant;
    2. Be printed in not less than 10-point type; and
    3. Contain the following statement:

    THIS ESTIMATE IS BASED ON THE USE OF BODY PARTS FOR YOUR MOTOR VEHICLE WHICH WERE NOT MANUFACTURED FOR OR BY THE ORIGINAL MANUFACTURER OF THE MOTOR VEHICLE. ANY WARRANTIES PROVIDED FOR THESE BODY PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THESE PARTS, NOT BY THE MANUFACTURER OF YOUR MOTOR VEHICLE. PLEASE CONTACT YOUR INSURERTO DETERMINE YOUR RIGHTS REGARDING THE USE OF SUCH BODY PARTS.
        
  3. As used in this section, “body part” means a sheet metal, plastic, or composite part of a motor vehicle which is nonmechanical and used to replace a part on the exterior of a motor vehicle. The term includes the inner and outer panels of a motor vehicle.
(Added to NAC by Comm’r of Insurance and Dep’t of Motor Veh. & Pub. Safety, eff. 7-16-92)”

However, if you want to have new or Original Manufacturer parts used, you can pay the difference.
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7.  Although the other driver was at fault, the insurance company won’t authorize me to get a rental car. What should I do?

If you need a rental car, you should get one for transportation purposes only.  Most insurers will pay the daily rate of a standard vehicle if their insured was negligent.  Insurers have 30 days to affirm or deny the claim.  Nevada Administrative Code 686A.670 handles this issue:

NAC 686A.670  Investigation of claims. (NRS 679B.130, 686A.015, 686A.310)

  1. Each insurer shall establish procedures to begin an investigation of any claim within 20 working days of receipt of notice of the claim. Each insurer shall mail or otherwise provide to each claimant, a notice of all items, statements and forms, if any, which the insurer reasonably believes will be required of the claimant, within 20 working days after receiving notice of the claim.

  2. Each insurer shall complete an investigation of each claim within 30 days after receiving notice of the claim, unless the investigation cannot reasonably be completed within that time.

     [Comm’r of Insurance, M-9 § 7, eff. 2-21-80]
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8. The insurance company says the vehicle was being used without their insured’s permission. Therefore, they are denying my claim. What should I do?

If you have collision coverage, you may want to submit the claim to your insurance company and let them work with the other company on the coverage issue. You should file a complaint with us if you know that the vehicle was not stolen.

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9. I’ve checked the Internet and I see that the insurance company wants to pay me less than the value of my vehicle. Why?

The insurer may elect to make a cash settlement based upon the actual cost, less any deductible provided in the policy, to purchase a comparable automobile including all applicable taxes, license fees and other fees incident to transfer of evidence of ownership of a comparable automobile. The cost must be determined by an evaluation of:

  1. The cost of two or more comparable automobiles in the local market area which are currently available or were available within the most previous 90 days to consumers in the local market area;
  2. If the cost cannot be determined pursuant to subparagraph (1), the cost of two or more comparable automobiles that are currently available or were available in the most previous 90 days to consumers in areas, both within and without this State, which are geographically proximate to the local market area; or
  3. If the cost cannot be determined pursuant to subparagraph (1) or (2), two or more quotations obtained by the insurer from two or more licensed dealers located within the local market area.

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10. The body shop did a lousy job on my vehicle.  It doesn’t run right and I’m afraid to drive it. What should I do?

Body shops are under the jurisdiction of the Department of Motor Vehicles. Please contact them with your concern.

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Carson City Office 1818 East College Parkway, Suite 103 Carson City, Nevada 89706 Ph: (775) 687-0700 Fax: (775) 687-0787
Las Vegas Office 2501 East Sahara Ave., Suite 302 Las Vegas, Nevada 89104 Ph: (702) 486-4009 Fax:(702) 486-4007
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