Can a Lawyer Help Me if My Car Insurance Claim is Denied?
Posted on behalf of RizkLaw on Nov 24, 2020 in Auto Accident
If you follow the steps you are supposed to take after having a car accident, including filing your claim with the insurance company, you may be in for a shock if your claim is denied.
People may often think if their claim is denied that they have no recourse or that the insurance company must be right. This is simply not true.
At Rizk Law, our Portland car accident attorneys are prepared to discuss your potential case to help determine whether your denial was valid or if you may have legal options for overturning your insurer’s decision. There is typically not a big window of time if you want to file an appeal, so we urge you to call our firm as soon as possible. There is no cost, risk or obligation to you. Your initial consultation is completely free.
Legitimate Reasons for Claim Denials
Insurance companies sometimes deny claims unjustly, but this may not always be the case. Regardless, your insurer is required to conduct a reasonable investigation and, if your claim is denied, they are also required by law to tell you the reason why.
It is important to first find out if there are any legitimate reasons for your claim to be denied, such as if:
- You could have avoided the accident: Your insurer may deny your claim if evidence shows that you could have taken steps to try to avoid the accident, such as applying your brakes.
- You delayed or neglected to file a claim: In this situation, the insurance company could argue that the damages or injuries may have happened some other way.
- There are no medical records to support your claim of an injury: Seeking medical care following a car accident helps to protect your health, but it also creates a record showing your injuries and linking them to the incident.
- Information on your insurance policy was false or misleading: If you provided information on your policy that is not true, then your policy may be invalidated, and your claim denied.
- You violated a traffic law: If you were drinking and driving when the accident occurred, or violating some other state law, the insurance company may deny your claim.
- Your policy expired for non-payment: Make sure your policy payments are kept current. If your policy lapses and you have an accident, your claim will not be valid.
Even in situations where the denial may seem valid, speaking with an attorney may reveal the possibility that your insurance company’s reason for denial was unjust.
Is Your Insurer Acting in Bad Faith?
Insurance companies work very hard to protect their bottom line. They are for-profit businesses, which means simply that their goal is to make money and pay out as little as possible. However, not all insurance claim denials are valid.
At Rizk Law, our experienced lawyers are very familiar with the underhanded tactics insurance companies use to delay, devalue or deny claims. We are prepared to review the circumstances of your situation to see whether the reasons your claim was denied violate the terms of your policy. If so, your insurance company may be acting in bad faith, and you may have legal recourse for getting your denial overturned.
Can You Appeal a Denied Claim?
The short answer is yes. You can absolutely appeal a denied claim, and if you believe that your claim was wrongly denied, you should take steps to appeal that decision.
Once your insurance company notifies you of the denial, along with the reason why, you can:
- Research the insurance company’s reason for denial – without delay – to see if it is valid
- Contact your insurer to get a more in-depth explanation of why your claim was denied
- Go over your insurance policy to understand their instructions for appealing a denial
- Contact a qualified lawyer to discuss your legal options
Even if you have a valid case, it will take more than a well-written letter to get your denied claim overturned. You will need evidence that supports your appeal, such as medical records, an accident report and pictures from the scene of the crash.
Seek Legal Help to Appeal Your Denied Claim
Appealing a denied car accident claim is complicated, and it is very easy to miss important deadlines or leave out information that could make a difference between getting your claim denial overturned or losing any opportunity to recover compensation.
At Rizk Law, we handle these types of claims regularly, and we are prepared to use our knowledge of the law to fight for fair compensation, which could include, but is not limited to, associated medical costs, vehicle damages, and lost wages. We have recovered millions in compensation on behalf of our clients. Read recent testimonials to learn what some of our clients have said about their experience with our firm.
Contact our offices to set up a free initial consultation with one of our qualified attorneys to learn whether you may have a valid case for an appeal. There is no cost or obligation for this meeting. If we take your case, we charge you nothing throughout the legal process. We only get paid when your case concludes, and only if we recover compensation on your behalf.