Can I Dispute the Denial of My Personal Injury Claim?
Posted On behalf of Pfeifer Morgan & Stesiak on Mar 31, 2021 in Car Accidents
Car insurance companies often deny legitimate claims for compensation, leaving victims wondering what to do next. Not recovering compensation for medical expenses and other damages can be financially devastating. Victims may not be able to obtain the medical treatment they need, along with the financial help to pay their bills while their ability to work is limited.
If your claim was denied, the car accident lawyers in South Bend at our firm may be able to help you overturn the denial to help you recover compensation.
Invalid Reasons for Denying Claims
There are times when an insurance company may deny an injury claim for legitimate reasons. For example, maybe you missed a deadline, failed to call the police after a crash, or never sought medical treatment. Failing to pay your premium on time could also cause your policy to lapse, which may result in the denial of a claim. In these situations, you might not be able to overturn the denial of your claim.
However, sometimes insurance companies deny legitimate claims when those claims should be devalued instead. In other words, the victim has a valid claim, but the value of the claim should be reduced because the victim may be partially at fault.
That means even if the insurance company denies your claim for what seems to be a legitimate reason, you may still be eligible to seek compensation. You can challenge the denial of your claim.
Some common reasons claims are denied when they should be devalued include:
- The crash was preventable – insurers may argue your accident could have been prevented if you had acted differently. While this may be true, the other driver may bear fault as well. Unless you bear 51 percent or more of the fault, you may be eligible to recover compensation. Even though the accident was preventable, you may be eligible for a reduced settlement.
- You delayed or refused medical treatment – If your injuries after your accident were not noticeable, you may have refused medical treatment at the scene or perhaps held off on going to the doctor until several days after the crash. This is common with many injury victims who suffer soft-tissue injuries like whiplash, sprains or disc herniations. Perhaps your decision to delay seeking treatment aggravated your injuries. However, if they are connected to the crash, you may still be eligible for compensation. The delay in seeking treatment may cause the value of your claim to be reduced.
Denying a Claim in Bad Faith
When an insurance company refuses to pay compensation for a valid injury claim, it could be considered bad faith.
If this happens, you should have grounds to dispute the decision, as insurance companies are legally required to investigate and negotiate claim settlements in good faith.
Some other bad faith tactics used by insurers include:
- Failing to give a reason for denying the claim
- Denying a claim without properly investigating
- Misrepresenting the law or the language in the policy
- Offering less compensation than the damages are worth
- Delaying negotiations to run out the clock on the statute of limitations
How to Dispute a Denied Claim
If the insurance company acts in an unprofessional manner or in bad faith, or you believe your claim was unfairly denied, you may have options for disputing the decision. You should be able to file an appeal or take the insurance company to court with a lawsuit.
Call Today for a Free Consultation
You should strongly consider calling the attorneys at Pfeifer, Morgan & Stesiak to discuss your options for disputing your denied claim.
Not only are our attorneys prepared to file the appeal on your behalf, they are also prepared to file a lawsuit. We have the resources to manage every aspect of your case and have a proven track record of securing compensation for our clients.
We offer a free case evaluation and only get paid if we recover compensation on your behalf.
There is no risk to you. Call us today at (844) 678-1800