What legal options does a car accident victim have when the at-fault driver’s insurance company denies their claim? Who will pay for all of the medical expenses, loss of income, and all the other losses the victim has suffered as a result of the other driver’s negligence or recklessness?
If your claim has been denied, call a law firm to speak with an insurance litigation attorney to find out what your legal options may be. In the meantime, the following is a brief overview.
Reasons Why Insurance Companies Deny Claims
Insurance companies will deny a claim for many reasons. They may think that the victim’s claim is not a legitimate one or that they were the drive at fault. Some insurance companies also think that – even if a claim is legitimate – the victim will eventually give up if the insurance company keeps dragging out the claim process.
Some of the common reasons the attorneys at our firm see include:
- The at-fault driver’s policy has lapsed because they failed to pay their premiums, or the policy has expired.
- The insurance company claims the victim did not file a claim within the required time.
- There are exclusions in the policy that would not be covered, and the insurance company claims it was one of these exclusions that caused the accident and not the at-fault driver’s actions.
If the insurance company denies a claim that the victim believes is a legitimate and valid one, then they should retain the help of an insurance litigation attorney. Once the insurance company realizes you have an attorney handling your case, they may be more apt to act in good faith.
The attorney will likely send the insurance company a demand letter. This is considered a formal claim for compensation. This letter should include the details of the accidents, as well as the financial amount for any losses the victim has suffered.
Once the insurance company receives the demand letter, they will need to either provide a specific reason why the claim was denied, reverse their denial, or offer a lesser settlement amount. An attorney will advise whether any settlement amount is appropriate.
If the insurance company’s response is not an appropriate one, then your attorney may move to negotiate a settlement with the company. If the insurance company is not responsive, then the attorney has the options of filing a lawsuit against the company, especially if the victim’s losses have been substantial.
Contact an Insurance Litigation Attorney
If you have been injured in an accident caused by another party, it is crucial to your case to find an insurance claims denials lawyer who will not just settle your case for an unfair low amount just so they can avoid litigation of your case. You need an attorney who not only is a skilled negotiator but is also an experienced and aggressive litigator who will take your case to trial if the insurance company fails to negotiate in good faith.