Were you injured in a car accident in Nevada? If so, you have the right to file a claim. However, you should know that there may be issues concerning who has the burden of proof. This will be particularly true if your policy of insurance has been modified by an exclusion.
The Nevada Supreme Court has ruled on exceptions
You should be aware that the Supreme Court of Nevada has issued a ruling on insurance policy exclusions. This ruling has come in response to a series of bad faith charges. As a result, the Court changed its opinion on what factors constitute an exclusion.
The question before the Supreme Court amounted to clarifying what happens when your insurance policy is modified by an exclusion. If this should occur, it raises a thorny question regarding on whom the burden falls to prove that an exception has been made or should be made. Since the burden falls on the insured party, the question is whether or not they can use outside evidence to prove that an exception should be made. This can leave the insured party open to a charge of bad faith from the defendant and their insurance company.
Can you prove an exception?
After being injured in a motor vehicle accident, it’s important to know your rights. You have the right to contact your auto insurance company to file a claim. You also have the right to claim compensation for your medical and other costs.
You will need to be prepared in case you are hit with a claim of making an unauthorized exclusion. If this occurs, the burden will likely be on you to prove that the exclusion made was fully justified under the law.