my auto insurance claim was denied what kind of lawyer do i need

by Gaylord Nicolas 3 min read

While you can appeal your claim regardless of why it was denied, it is often best to pursue an appeal with the help of a qualified personal injury lawyer. A lawyer will be able to help you gather the documentation you need and aid you in effectively expressing why you believe your claim is valid.

Full Answer

What to do if your car insurance company denied your claim?

If an insurance company denies a claim in bad faith, it could be liable for consequential and punitive damages. If you believe a car insurance company has improperly denied your claim, it might make sense to discuss your options with a car accident lawyer.

Why would an insurance company deny a claim after an accident?

If you submitted a claim to your car insurance company and were denied payment, or offered a settlement that is unreasonably low, please fill out our case review form today. A car insurance dispute attorney will review your claim, at no cost or obligation to you, and determine whether you have a valid claim dispute against your insurer.

What does a car insurance dispute attorney do?

Apr 07, 2017 · Unfortunately, insurance companies can — and do — deny policyholders’ claims on occasion, often for legitimate reasons but sometimes not. Whether it's an accident or a stolen car insurance claim that is denied, it is important to understand the major reasons your claim might be denied and what you can do if it happens.

Why can't I make a claim on my car insurance?

Apr 20, 2015 · If you filed the claim yourself and it was denied, the first thing you need to do is retain a lawyer. You won't get any further with the adjuster. You won't get any further with the adjuster. The insurer most likely denied your claim for one of two reasons: 1) they think that you don't have a valid claim, or 2) the insurer is hoping that by denying your claim, you'll give up and …

How do I fight a denied insurance claim?

How to appeal health insurance claim denialFind out why the health insurance claim was denied. ... Read your health insurance policy. ... Learn the deadlines for appealing your health insurance claim denial. ... Make your case. ... Write a concise appeal letter. ... Follow up if you don't hear back. ... If you lose, be persistent.Jul 12, 2021

What happens if an insurance claim gets denied?

If your claim is denied, regardless of how valid you believe it is, you'll most likely need to hire an attorney if you choose to fight the denial. After all, insurers make a profit by taking in more money in premiums than they pay out in claims.Dec 3, 2018

What is it called when an insurance company refuses to pay a claim?

Bad faith insurance refers to an insurer's attempt to renege on its obligations to its clients, either through refusal to pay a policyholder's legitimate claim or investigate and process a policyholder's claim within a reasonable period.

What steps would you need to take if a claim is rejected or denied by the insurance company?

If your insurance company refuses to pay the claim, you have a right to file an appeal. The law allows you to have an appeal with your insurer as well as an external review from an independent third party. You must follow your plan's appeal process.Jul 21, 2020

Why car insurance claims can be denied?

Your claim could be denied because: Your claim exceeds your coverage limits. You have exhausted your coverage limits. You are filing a claim for coverage that you did not purchase, such as a claim for repairs when you do not have collision or comprehensive coverage.May 13, 2021

Can you contest a car insurance claim?

If you want to dispute a car insurance claim against you, collect relevant evidence and file an appeal with your insurer. Most insurance companies have an internal dispute resolution process where challenged claims are reviewed.

Can a insurance company deny a claim?

In case your motor insurance company finds that you are claim is false, then they can reject your claim. Moreover, the company can also file legal charges on you.

Is there a chance that an insurance company can refuse to pay the insured?

Unfortunately, you may have a valid claim, and the other driver's insurance company refuses to pay for it, you need to pursue it or even involve an insurance lawyer. Some insurance companies are slow in paying out benefits but will eventually settle the claim.Jun 20, 2018

What to do if your car insurance company denies your claim?

If you believe your insurance company has handled your claim unfairly, contact a car insurance dispute attorney to review your case.

What happens if a car accident is denied?

When a car accident occurs and a claim is denied, it can place a serious financial burden on the policyholder. For these individuals, it is important to understand that the coverage available under their policies and to obtain the assistance of an attorney who can help dispute the insurance company’s actions.

What are the different types of auto insurance?

Understanding the coverage available under your policy can help simplify the claims process. Automobile insurance policies can include six different types of coverage, including: 1 Bodily Injury Liability: applicable to injuries sustained to someone else at your fault 2 Medical Payments/Personal Injury Protection: applicable to treatment of injuries of the driver and passenger in your own vehicle 3 Property Damage Liability: covering damage inflicted on another’s property 4 Collision: covering damage to your car from an accident with another car 5 Comprehensive: covering losses due to flood, fire, or theft 6 Uninsured Motorist Coverage: applicable when you are hit by an uninsured or hit-and-run driver

What is collision insurance?

Collision: covering damage to your car from an accident with another car. Comprehensive: covering losses due to flood, fire, or theft. Uninsured Motorist Coverage: applicable when you are hit by an uninsured or hit-and-run driver.

What is medical insurance?

Medical Payments/Personal Injury Protection: applicable to treatment of injuries of the driver and passenger in your own vehicle. Property Damage Liability: covering damage inflicted on another’s property. Collision: covering damage to your car from an accident with another car.

What Is a Bad Faith Denial?

When an insurer agrees to provide insurance, it assumes certain duties toward the insured. One important general duty is that the company deals in good faith. An insurer acting in bad faith is seeking to avoid meeting its obligations to the insured.

Jurisdiction Is Important

Your rights in court will be largely dependent on your jurisdiction's approach to bad faith insurance denials. All car insurance claims are subject to the laws of a particular jurisdiction, in this case it will generally be the laws of your state of residence.

Kinds of Damages

Jurisdictions may also differ in the kinds of damages available. They may provide the plaintiff the right to claim one or more of the following:

Learn More About Bad Faith Car Insurance Claim Denials

Since so many aspects of a bad faith car insurance claim denial lawsuit depend on local laws, the assistance of local legal counsel can be a huge assistance. An insurance company certainly has lawyers representing its interests, and you can also have someone familiar with the system representing yours.

What to do if you feel your claim was wrongly denied?

If you feel that your claim was wrongly denied or that you were inadequately compensated, contact your state's insurance department. Ask how to submit a complaint and what to do next.

What is property damage liability?

Among them are property damage liability (described above), collision coverage (which pays for damage resulting from a collision with another car or if you hit, say, a light pole) and comprehensive coverage (which covers damage from other causes, such as fire or vandalism). Some coverage may be mandated by your state, ...

What does higher deductible mean?

The higher your deductible, the less you'll pay for insurance each year, but the more you'll be on the hook for if you have an accident. Policy coverage. An auto policy consists of several different kinds of coverage. Among them are property damage liability (described above), collision coverage ...

Can you cancel your car insurance if it is stolen?

For instance, if you decide to only have limited liability coverage, you will not be covered if your car is stolen. For example, people sometimes cancel their comprehensive coverage if their car is old and worth less than it would cost to insure for several years. But if you drop comprehensive coverage and a tree falls on your parked car ...

What are the red flags for insurance?

Among the red flags that insurers routinely watch for are: Not reporting an accident immediately to the police or your insurer. Not seeking medical attention, if any is needed, immediately after the accident. That can lead to suspicions that you are filing a claim for injuries that weren't the result of the accident.

Can insurance companies deny claims?

Unfortunately, insurance companies can — and do — deny policyholders’ claims on occasion, often for legitimate reasons but sometimes not . Whether it's an accident or a stolen car insurance claim that is denied, it is important to understand the major reasons your claim might be denied and what you can do if it happens. Why claims are denied.

Why does my insurance company deny my claim?

There are legitimate reasons for your insurance company to deny your insurance claim. These may include: Your policy doesn’t cover your situation. Read the exclusion section of your policy to understand what is not covered, and ask an attorney about any ambiguities. You misrepresented your situation on your application.

What does "denying a claim" mean?

Refusing to pay a reasonable and clear claim. Failing to approve or deny a claim within the specified period to do so. Denying a claim with no explanation. However, even if you can’t get a satisfactory resolution regarding your insurance claim, you may not have to take them to court.

How to file an insurance claim?

T o File an Insurance Claim 1 Keep documentation of all insurance company correspondence. This includes emails and notes from phone conversations. 2 Realize that your calls are likely recorded, so be honest. 3 Maintain records of all property insured under your policy. Photos are great at telling the story of property damage, especially if you have photos before and after the incident. Thus have a photo inventory is good practice 4 Keep accurate records of medical bills, repairs, attorney’s fees, and lost wages. 5 Hire a Sarasota attorney with success and experience in insurance litigation.

What happens if you don't honor a contract?

If they do not honor the terms of the policy – which is a contract – or are acting in bad faith, they need to be held accountable. Some common activities which may justify legal action include: Delaying investigation into your claim for an unreasonable amount of time. Not adequately investigating your claim.

Why do insurance companies need a lawyer?

Because a professional attorney will have depth of experience dealing with insurance companies, they may be able to negotiate a deal which is fair to you. The fact is, insurance companies know that if they are obligated to pay the claim, once a lawyer is involved they will be better off paying than going to court.

Can you sue your insurance company?

In general, you can sue your insurance company if they violate the terms of your insurance policy. This may include not paying claims in a timely manner, refusing to pay insurance claims which were properly filed, or making bad faith claims.

What to do if your auto insurance is denied?

If you are caught in the unfortunate situation of having to file an auto claim, you want to be sure that you’re getting the fairest settlement from your insurance company. If a claim seems wrongly denied, you may need to take action to determine if there’s any way the decision can be reversed or reconsidered.

Why is my insurance claim denied?

Some common reasons why a claim might be questioned and denied include the following: Your claim is worth more than your coverage.

Who is Mary Van Keuren?

Mary Van Keuren. After 30 years as a writer and editor in academia, Mary now writes full-time for the insurance and finance industries. Her work has appeared on Reviews.com, TheSimpleDollar.com and Bankrate.com, as well as other consumer-focused websites. Tags - auto insurance.

What happens if you don't report a whiplash accident?

If you suddenly decide that you have whiplash two weeks after your accident, your insurer has grounds to suspect insurance fraud.

What does ACV mean in insurance?

Auto insurance companies typically insure cars based on “Actual Cash Value” (ACV). This means that the resale value will determine what compensation they provide to replace your car. Depending on what service they use to determine market value, the exact amount could vary from one company to another.

What does it mean when you are short on money?

Either way, it typically means you’re short on the money you need to repair your car — or, possibly, to pay your medical bills if you were injured. Your first reaction is probably bewilderment.

What happens when you hire an attorney?

When you hire an attorney, they take over your case for you. They’ll fight the insurance company on your behalf, gather evidence, subpoena records and even take the case to trial if they must. Having an attorney on your side “evens the playing grounds,” so to speak.

What happens if you are hit by another driver?

Similarly, if you’ve been hit by another driver and their insurance company isn’t cooperating, it can lead to stress and frustration. But you don’t have to accept the insurance company’s verdict.

What happens if you are denied a claim?

If you are denied a claim, the insurance company must provide a reason. If you believe your claim is valid, you can appeal your denial. Each insurance provider has a process for appealing a denial. Check with your provider to find out the process.

What happens if you don't have collision insurance?

If you don’t have certain types of coverage, your claim would be denied. For instance, you won’t be covered for theft or vandalism if you don’t have comprehensive coverage. If you don’t have collision coverage on an older car and you cause a wreck, your insurance would cover damage to the other car but not the cost to fix yours.

What happens if you rob a bank?

Driving while doing an illegal activity could cause your claim to be denied . Causing an accident with a suspended license or while under the influence of drugs or alcohol could also cause your claim to be denied, depending on the insurer.

How long do you have to report an accident?

You didn’t report the accident in time. Most policies require that you report any damage within a specified amount of time, usually 30 days. You can still usually make a claim even if you didn’t file a police report though.

Who is Roslyn McKenna?

Roslyn McKenna is an insurance expert who's driven to help people get a great deal on insurance to protect their families and finances. Roslyn earned a BA in writing and communications from Maryville College and has written professionally for more than a decade, showing up on Bankrate, MSN and Reader's Digest.

Can you let anyone drive your car?

You can let nearly anyone drive your car and you’ll have coverage under your policy. But people that have regular access to your vehicle, such as other family members that live in your household, might need to be listed as drivers on your policy to have coverage.

How long does it take for a car insurance policy to lapse?

If you haven’t paid your insurance premiums beyond the allowed grace period, your insurance policy can lapse. Your grace period can be between three to 30 days, depending on your insurance provider. A lapsed policy means you no longer have car insurance, and in the case of an accident, you’d have to pay for damages out-of-pocket.

What Is A Bad Faith Denial?

  • When an insurer agrees to provide insurance, it assumes certain duties toward the insured. One important general duty is that the company deals in good faith. An insurer acting in bad faithis seeking to avoid meeting its obligations to the insured. In the context of a car insurance claim denial, the bad faith is the improper investigation of the accident, valuation of the property, or ref…
See more on findlaw.com

Jurisdiction Is Important

  • Your rights in court will be largely dependent on your jurisdiction's approach to bad faith insurance denials. All car insurance claims are subject to the laws of a particular jurisdiction, in this case it will generally be the laws of your state of residence. States have developed different approaches for dealing with bad faith insurance denials. Some states have passed laws specifically forbiddi…
See more on findlaw.com

Kinds of Damages

  • Jurisdictions may also differ in the kinds of damagesavailable. They may provide the plaintiff the right to claim one or more of the following: 1. Compensatory Damages- Damages intended to remedy the insurer's bad faith insurance claim denial; 2. Consequential Damages- Damages intended to compensate the insured for reasonably foreseeable expenses and injuries that occu…
See more on findlaw.com

Learn More About Bad Faith Car Insurance Claim Denials

  • Since so many aspects of a bad faith car insurance claim denial lawsuit depend on local laws, the assistance of local legal counsel can be a huge assistance. An insurance company certainly has lawyers representing its interests, and you can also have someone familiar with the system representing yours. Contact a bad faith insurance attorneyto learn...
See more on findlaw.com