Unfortunately, insurance companies often prioritize profits over the well-being of customers, and claims are often denied. If your injury claim is denied, talk to an attorney about what you can do next.
If insurance denies your claim for a personal injury, your lawyer can help you explore further legal options. Your attorney can send a demand letter and get in touch with the insurance company’s lawyers about your denied claim. You may sue your insurance company if you believe it wrongfully denied your claim or acted in bad faith. You may sue the person responsible for your accident if their insurance denied your claim.
Contact our California personal injury lawyers by calling the Law Office of John J. Perlstein at (213) 252-1070 and ask for a free, confidential legal evaluation.
What Should You Do if Insurance Denies Your Accident Claim in California?
Receiving a letter informing you that your insurance claim has been denied is not the end of the line. You may have numerous legal options that can help you get the compensation you are entitled to, and a lawyer can help.
Contact a Lawyer Immediately
First, you should call a lawyer right away if you have not done so already. Receiving a denial letter is not the end-all, be-all of your insurance claim, and your attorney can advise you on your legal options.
It would be unwise to try to challenge the denial of your insurance claim on your own. The insurance process is infamously complex, and someone with legal skills and experience handling insurance disputes should help you.
Save All Communications from the Insurance Company
You must save all communications with your or the defendant’s insurance company, including your denial letter. A major part of challenging a denied claim is establishing a paper trail.
After reviewing all your paperwork and documentation, your lawyer might discover that the insurance company did not play by the rules or incorrectly denied your claim. Even if this is not the case, documenting all communication with the insurance company can only help you.
Appeal the Denial of Your Claim
Insurance companies must provide customers with a means of appealing the denial. This might not necessarily involve taking the matter to court. Instead, our California personal injury attorneys may follow the appropriate channels to have the insurance company conduct an internal review of the claim to make sure that no mistakes were made.
While filing an appeal may help some people, it is usually a stepping stone to greater legal acti0on. Our legal team must help you file an appeal because we might not be able to file a lawsuit until all other reasonably available legal options, including an appeal, have been exhausted.
Can You Sue an Insurance Company for Denying Your Accident Claim in California?
In some cases, customers whose claims have been denied may sue their insurance companies. Before beginning such a major legal undertaking, contact an attorney for help.
Suing Your Insurance Company
If your own insurance provider denied your claim, you may sue them if the denial was somehow wrongful, and your insurance refuses to correct the problem. You may sue your insurance company for reasons including, but not limited to, the following:
- Wrongful denials
- Failure to investigate your claim
- Failure to acknowledge your claim
- Misrepresenting or altering policy terms
- Unreasonable delays
- Procedural errors
Suing the Person Responsible for the Accident
If you filed a third-party claim with the insurance of the person who caused your accident, you may sue the at-fault person if their insurance denies your claim.
The other person’s insurance company does not necessarily have to deny your claim in bad faith for you to sue them. You may sue simply because you believe there is sufficient evidence to prove that the other person caused your injuries, and their insurance company reached the wrong conclusion.
We may take the defendant to court to get you the compensation you deserve or negotiate a settlement that gets you compensation while avoiding a trial.
FAQs About What to Do if Insurance Denies Your Accident Claim in California
What Should You Do if the Insurance Company Denies Your Accident Claim in California?
If insurance denies your injury claim, call a lawyer for help as soon as possible. You may be able to file an appeal with the insurance company, or our attorneys can negotiate for a proper settlement. If they refuse, we may be able to sue.
What Evidence Should You Have if Insurance Wrongfully Denies Your Claim?
You should first save all communications with the insurance company. This may include, but is not limited to, letters, emails, and even notes about phone calls with insurance representatives. If necessary, we may submit additional evidence about your injuries, such as medical records and statements from qualified experts.
What is a Bad Faith Denial from an Insurance Company?
Sometimes, claims are wrongfully denied because the insurance company is acting in bad faith. Bad faith often involves dishonest or unfair practices that deny claims without attempting to pay them.
Bad faith practices may include failing to investigate claims, misrepresenting policy terms, or causing unreasonable delays in processing claims, among other possibilities.
Should You Sue an Insurance Company for Denying Your Accident Claim in California?
Suing an insurance company may be an option, but it is a good idea to exhaust other legal options before taking the case to court.
You usually do not sue the defendant’s insurance company, but rather, you sue the defendant directly. Then, their insurance company provides them with a lawyer and pays the damages when they lose the case.
What if My Insurance is Taking Too Long to Make a Decision About My Accident Claim?
If you believe the insurance company is taking way too long to make a decision about your claim, contact a lawyer. Unreasonable delays in the processing of a claim may be a sign of bad faith, and a lawyer can help protect you.
Speak to Our California Personal Injury Attorneys About Your Accident Claim Today
Contact our Anaheim, CA personal injury lawyers by calling the Law Office of John J. Perlstein at (213) 252-1070 and ask for a free, confidential legal evaluation.