When you’re seriously hurt and the insurance company denies your personal injury claim, it can be utterly devastating and turn your life upside down. No injury claim should be ignored, and it’s important to understand that you do have rights under the law.
There are steps you can take to challenge the denial, and if the insurance company behaves in bad faith, you may even have cause for a legal case against them. When your personal injury claim is denied, learn what rights you have, what steps you can take, and how an Amarillo personal injury lawyer can help.
Review the Denial Language and Your Policy
The first step in responding to your claim denial is to carefully read and review the language used in the letter. Use this language as a guide to find the appropriate section of your insurance policy to which the letter refers. Many policies have specific exclusions embedded within their pages. These are things that the policy doesn’t cover. Often, your denial will be based on an exclusion.
Write a Letter to the Insurance Company
If there’s anything in the letter that is exaggerated, erroneous, or unclear in any way, you can write to the insurer asking for clarification about the issues. Point out why certain points are incorrect and request that they reconsider the denial, or ask them to clarify any existing gray areas. Be clear on the points you make, but avoid emotional triggers. Be concise, and stick to the facts.
The insurer may come back to you with a new decision or they may request that the matter is handled through mediation or arbitration. Some insurance policies require this step, in fact, and it can be a good thing for the insured as it requires special attention be focused on your case.
Bad Faith and Breach of Contract
In some cases, you may have cause to pursue legal action against the insurance company. For example, if your claim is something that should expressly be covered under your policy, and the company still refuses to cover you, this can be viewed as a breach of contract, with your policy document serving as the contract.
If they mistreat you, refuse to investigate your claim, or fail to respond to your request for more information or your challenge letter, this can be construed as them acting in bad faith. They have a duty to treat you with respect as a client, and failing to do so gives you cause to file suit.
Hire an Amarillo Personal Injury Lawyer
Either of these activities can open the insurance company up to legal action, not only to cover your original claim but potentially for damages you suffered as a result of the refusal. You might be covered for pain and suffering, for emotional damages, for damage to your quality of life, and even more.
The best way, however, to collect these damages is to seek help from a qualified Amarillo Personal Injury Lawyer. Attorneys like those at Tormey & McConnell have spent years helping people to resolve difficult injury cases. Give us a call today for a free case evaluation and learn how we can help you.