What To Do If Your Personal Injury Claim Is Denied by Insurance Company
If you have been injured in an accident that was caused by someone else’s negligence, you likely filed a personal injury claim with the at-fault party’s insurance company. However, it’s unfortunately common for insurance companies to deny personal injury claims for a variety of reasons.
If your personal injury claim has been denied, it can be incredibly frustrating. You may feel like the insurance company is refusing to take responsibility and compensate you for your injuries and losses. A claim denial is not the end – there are still steps you can take to fight for the compensation you deserve.
Insurance companies often deny claims in hopes of avoiding payments. Reasons for denial range from procedural errors in submitting the claim to disputes over the severity of the injury. Many valid personal injury claims are wrongly denied every year.
That’s why it’s crucial to consult an experienced personal injury attorney after your claim is denied. An injury lawyer will review your case to determine if the insurance company breached its contract or acted in bad faith by denying your claim.
If it is determined that your claim was improperly denied, your attorney can file appeals, send demand letters, negotiate a settlement, or even file a personal injury lawsuit against the insurance company. With strong legal representation, injury victims can often successfully recover compensation even after an initial claim denial.
Don’t let an insurance company’s denial of your personal injury claim prevent you from getting the money you deserve. Work with a trusted personal injury law firm to explore your options. In many cases, denied claims can be successfully appealed, settled, or awarded by a court. A personal injury attorney will fight to get you maximum compensation.
This article provides a detailed guide on steps to take if your personal injury claim is wrongly denied. Don’t assume a claim denial means you are out of options – learn how claim denials can often be overcome.
File An Appeal After Your Personal Injury Claim is Denied by the Insurance Company
The first step is to appeal the denial with the insurance company. Many claim denials occur because of a lack of information or a misunderstanding of the details of the injury claim.
When you receive a denial letter, review it closely. The letter should explain the exact reason why your personal injury claim was denied. If it seems there was a mistake or lack of information, you can file an appeal.
Provide any additional details about the injury claim and request that they re-evaluate and reconsider the claim. Having a personal injury lawyer help with this appeal is wise, as they know what information insurance companies need to see to approve a claim.
Filing an appeal gives the insurance company a chance to correct a wrongful denial. If additional information satisfies their concerns, they may overturn the denial and approve your claim.
Consult With a Personal Injury Attorney to Review Your Denied Injury Claim
If the insurance company denies your appeal, the next step is to have a personal injury attorney review your case. An experienced injury lawyer will evaluate your claim and determine if the denial was made in bad faith.
Insurance companies have a duty to investigate claims fairly and make payments on valid claims. If they denied your claim unreasonably or did not perform a proper investigation, you may have grounds for a lawsuit against the insurer.
An attorney can examine whether the insurance company breached their duty or violated the terms of the insurance policy. If so, they can advise you on the best way to fight back, including filing a personal injury lawsuit against the insurer.
Having legal representation puts pressure on the insurance company and shows you are serious about recovering compensation for your injury claim. An attorney’s demand letter may prompt the insurer to reconsider the denial.
Your Personal Injury Lawyer Can File a Lawsuit Against the Insurance Company for Wrongful Denial
If an appeal and attorney demand letter do not resolve the claim denial, filing a lawsuit is the next option. With your attorney’s help, you can file a personal injury lawsuit against the insurance company for wrongfully denying your claim.
There are several legal arguments that can be made in a lawsuit against an insurer:
Breach of contract – The insurance policy is a legally binding contract. Refusing to pay a valid claim breaches that contract.
Bad faith – Insurance companies must act in good faith when handling claims. Unreasonably denying a claim constitutes bad faith.
Negligence – Insurers have a duty to fully investigate and evaluate claims before denying them. Denying a claim without proper investigation can be considered negligence.
The goal of the lawsuit is to prove the insurance company improperly denied your claim and recover the compensation you are owed. The settlement or verdict amount in a successful case will depend on the value of your injury claim.
Negotiate a Settlement for Your Denied Claim to Avoid Lengthy Litigation
Even after filing a lawsuit, there is still a chance to settle your denied claim out of court. Once the insurance company sees you are serious about hiring an attorney and filing a lawsuit, they may become more agreeable to settling.
Your attorney can negotiate a settlement with the insurer that provides you the compensation you should have received if they had not wrongfully denied your claim initially. This settlement can avoid a drawn-out litigation process.
Settling also gives you control over the outcome rather than leaving it in the hands of a jury. Your attorney will fight to get you the maximum settlement possible.
Be Prepared for Your Personal Injury Attorney to Take Your Bad Faith Claim to Trial
If the insurance company refuses to settle, you may have to take your bad faith or breach of contract case to trial. Your attorney will build the strongest case possible and aggressively advocate for you in court.
You will need to prove that you had a valid injury claim, that the insurer improperly denied it, and that you suffered damages as a result. It is a difficult process, but it may be necessary to get the compensation you deserve.
Your attorney will hire experts, gather evidence, take depositions, and fully prepare your case for trial. Most insurers will seek to settle a strong case before trial, but your lawyer must be ready and willing to go the distance.
With valid legal arguments and a well-built case, you have a good chance of prevailing at trial. A favorable verdict or settlement will finally provide compensation for your injury claim.
Don’t Give Up if the Insurance Company Denies Your Valid Injury Claim
The most important thing is to not give up if your personal injury claim is denied by an insurance company. There are steps you can take to appeal the denial and fight for the compensation you deserve.
Consulting with a personal injury attorney is highly recommended, as they have the expertise to properly evaluate your claim and advise you on how to move forward. With an attorney’s help, you can file appeals, negotiate settlements, and take legal action when necessary.
While it can be a long process, you should not let a claim denial stop you from receiving fair compensation for your injuries. Be persistent and explore all options. More often than not, denied claims can eventually result in a satisfactory outcome. Do not take no for an answer – fight for the settlement your injury claim deserves.
Key Takeaways on Overcoming Denied Personal Injury Claims
File an appeal with the insurance company if you believe the denial was a mistake or lacked information. Provide any additional details to get them to re-evaluate.
Consult with a personal injury attorney to have them review your denied claim. They can determine if it was denied in bad faith.
Have your attorney send a demand letter to the insurer. This may prompt them to reconsider the denial.
Your attorney can file a lawsuit against the insurer for wrongful denial based on breach of contract or bad faith.
Be prepared to negotiate a settlement with the insurance company to avoid drawn-out litigation.
If necessary, take your case to trial and have your attorney prove the insurer improperly denied your valid claim.
Do not give up if your claim is denied. Consult an attorney and be persistent in appeals, negotiations, and legal action.
With a strong case and legal representation, you can often get compensation for your injury, even if initially denied.
Frequently Asked Questions
Q: What should I do if my personal injury claim is denied by the insurance company?
A: If your personal injury claim is denied by the insurance company, you have a few options. You can try to appeal the decision, negotiate with the insurance adjuster, or seek legal advice from an attorney specializing in personal injury cases.
Q: Why would an insurance company deny my personal injury claim?
A: There are several reasons why an insurance company may deny your personal injury claim. Some common reasons include lack of evidence, disputes over liability, pre-existing conditions, policy exclusions, and a breach of contract.
Q: Can an insurance company deny my claim without giving a valid reason?
A: No, an insurance company is required to provide a valid reason for denying your claim. If they fail to do so, it could be considered bad faith insurance practices, and you may have grounds to file a complaint or take legal action.
Q: What can I do if the insurance adjuster denies my claim?
A: If the insurance adjuster denies your claim, you can try to negotiate with them directly or request a supervisor review the decision. If these options do not resolve the issue, you may need to seek legal advice from an attorney to explore further options.
Q: What is the first step I should take if my claim is denied?
A: The first step you should take if your claim is denied is to carefully review the denial letter from the insurance company. This letter should outline the reasons for the denial and any steps you can take to appeal the decision.
Q: Can an insurance company deny my injury claim if the accident was not my fault?
A: Yes, an insurance company may deny your injury claim even if the accident was not your fault. They may argue contributory negligence or claim that your injuries are not related to the accident. In such cases, it is important to gather evidence and seek legal advice to support your claim.
Q: How long do I have to appeal a denied personal injury claim?
A: The time limit to appeal a denied personal injury claim varies depending on the insurance policy and jurisdiction. It is important to carefully review the denial letter for any deadlines and consult with an attorney to ensure you meet any necessary timelines.
Q: What is a breach of contract in relation to a denied personal injury claim?
A: A breach of contract refers to a violation of the terms and conditions outlined in an insurance policy. If the insurance company denies your personal injury claim without valid reasons or fails to fulfill its obligations under the policy, it may be considered a breach of contract.
Q: Can I still file a personal injury lawsuit if my claim is denied by the insurance company?
A: Yes, you can still file a personal injury lawsuit if your claim is denied by the insurance company. Consult with a personal injury attorney to understand your legal options and determine if pursuing a lawsuit is the right course of action for your situation.
Q: What can I do if my insurance company denies my injury claim in bad faith?
A: If you believe that your insurance company has denied your injury claim in bad faith, you can file a complaint with the insurance regulatory agency in your state. You may also want to consult with an attorney who specializes in bad-faith insurance cases to explore your legal options.