Can I Appeal if My Car Insurance Claim Gets Denied in Oregon?

Posted on behalf of RizkLaw on Mar 19, 2021 in Auto Accident

Car insurance claims get denied all the time, but if it happens to you it can be extremely frustrating. If you are still recovering from your accident, it can be stressful and confusing trying to figure out what to do.

What are your legal options? Can an attorney help you to appeal and overturn an insurance denial? Should you just give up and count your losses?

Rizk Law explains some of your options for appealing a denied car insurance claim and what you can do if you suspect the insurance company is acting in bad faith.

Understand Why Your Claim Was Denied

Insurance companies deny or delay car accident claims all the time. Make no mistake, the priority of your insurance company is their bottom line.

To be fair, there are some valid reasons that an insurance provider may deny a claim, so your first step should be to find out why your insurance company denied your claim.

If your insurer did not provide you with a reason for the denial, or you suspect that the reason is not valid, it is a good idea to send a complaint letter to your insurer.

Write Your Insurer

In the letter, be sure to provide clear details explaining why you believe your claim was unfairly denied. Head up your letter by including information that identifies you, your car insurance policy and why you are writing:

• The date you are sending the letter
• Your legal name and policy number
• At the top of your letter, write “Complaint”

In addition to explaining why your claim should not have been denied, tell your insurer that you want them to correct the situation and approve your claim.

Support Your Complaint

It is important to note that just sending your insurance company a complaint will not be enough to overturn a denial. You will need to include evidence that supports your claim.

Here some examples of strong proof that can help provide that support:

• Photos from the accident scene: Damage to the vehicles, the accident scene, debris from the cars, your injuries, and more
• The accident or police report: Since police reports provide important details of how the accident occurred, this can go a long way in helping to prove why your claim is valid
• Medical Records: These records, along with doctor’s notes, prove when your injuries occurred, as well as their extent and severity. They also provide proof that the accident caused your injuries.
• Credible eyewitness statements: If there are any bystanders, passengers or others who may have seen what happened, and can provide credible testimony, a written statement from them may also help to support your claim.
• Invoices related to your accident: These show the cost of your damages.

Writing a letter of complaint to your insurance company to appeal a denied claim is not easy. If you fail to include important information, you may be unsuccessful in overturning the denial. In other cases, your insurer may only respond with a lowball offer in hopes of ending your complaint.

Hiring a knowledgeable Portland car accident attorney to pursue a complaint on your behalf can give you a fighting chance of getting your denial overturned so you can get the compensation you need.

Is it a Bad Faith Insurance Claim?

If you are not getting anywhere with your insurance company, even after filing a complaint, the insurance company may be acting in bad faith.

When insurance companies behave this way, they may be violating the terms of your auto insurance policy. While you do not want to jump to conclusions, it is good to be aware of some common bad faith insurance practices, such as:

• Failing to properly investigate your claim
• Denying your claim without providing a valid reason
• Demanding an excessive or unreasonable amount of paperwork to delay your claim
• Offering you a settlement that is far less than the value of your claim

Contacting an Attorney for Legal Help

At Rizk Law, we are all too familiar with insurance companies who use underhanded tactics to delay or deny insurance claims. Often these claims become extremely complicated – causing many accident victims to just give up.

Our attorneys have extensive experience handling these types of claims, and we are prepared to fight for a maximum recovery on your behalf.

Find out if you may have a case in the free legal consultation we offer. There is no obligation to move forward with a claim. If we represent you, we charge you no upfront costs or fees to get started on your case. We only get paid if we obtain compensation for you.