[ Ссылка ] -- If your car insurance claim is denied, you might be worried that you’ll be stuck fixing your own car and paying for your medical expenses out of your own pocket. There are very few things that are more stressful than a car accident and the claims process that follows, especially if you are injured. The last thing you need to add to your headache is the insurance company giving you the runaround.
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Here at Attorney911, we’ve been helping people deal with insurance claim denials and auto insurance companies for 20 years. Many of our clients come to us after their claims are denied and ask us what to do next. So what should you do if your car insurance claim is denied? Here is a guide.
Can my car insurance deny my claim after an accident?
Insurance companies have the right to deny claims and they take advantage of that right whenever they can. If you were hit by someone else, you can file a claim against the responsible party’s insurance. If you hit someone then you will need to file your property damage claim with your own insurance and if you were injured – ask them what coverage you have to cover your injuries. When you file a claim after a motor vehicle accident, you’re hoping that the insurance company gives you a full and fair settlement that compensates you for the injuries and damages you suffered from the accident.
Unfortunately, these things don’t always go as smoothly as they should. The insurance claims adjuster may deny your claim for no reason, or they may offer you a low settlement that doesn’t cover your expenses. Many people are shocked when they receive a denial, especially when they feel like it should be an open-and-shut case. Insurance companies love to make up excuses to deny or minimize your claim. They’re for-profit businesses, and paying you less is how they make more.
What should I do when my car insurance denies a claim?
If your auto insurance claim was wrongfully denied, you’re not out of luck. You can take action to have the insurance company’s decision reconsidered and reversed. You still have rights.
When the reason the insurance company says your claim was denied is factually inaccurate or contrary to the terms of your policy, you have a right to dispute the decision. If you believe your insurance claim was incorrectly rejected after reading the insurer’s explanation and reviewing the terms of your policy, your insurance policy and state law give you the right to appeal.
Here are a few steps you can take if your claim is wrongfully denied:
Ask the insurance company to provide a letter explaining the reasons for the denial.
Write a letter explaining to the insurance company why your claim was wrongly denied and provide documentation to support your arguments.
Appeal the company’s decision by submitting a formal complaint to the Texas Department of Insurance.
You also have the option to go to court. You can file a lawsuit against your own insurance company if you had to. You can sue the insurance company directly if they violated their duty to settle your car accident insurance claim in “good faith.” Good faith means that insurance companies have a legal obligation to negotiate and promptly offer a fair settlement for your car crash claim.
If your insurer does not act in good faith when denying your claim, you can sue for bad faith insurance practices, breach of contract, and any violations of the state insurance code.
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About Attorney911
Legal Emergency Lawyers™ legal services
Attorney911 Legal Emergency Lawyers™ legal services is a Texas-based personal injury and criminal defense law firm with offices in Houston and Austin, though we are proud to serve Texans from all over the state and represent clients in federal court. We handle a wide variety of legal issues — from car accidents to worker’s compensation to DUI/DWI offenses. Our staff is bilingual, friendly, and genuinely passionate about helping our clients, whether it’s a million-dollar case or a thousand-dollar case. We also understand that cost can be a prohibitive factor in hiring a lawyer, and are willing to work with you on structuring payment in a way that is fair and feasible. We do accept credit cards for our hourly fees, and take some cases on contingency, which means you don’t pay us unless and until you get paid yourself. We know that you have a choice in your legal representation, and we believe that what makes us stand out from the competition is our real emotional investment in our clients. We see you as a person — not a paycheck. And we will fight hard for you, because we truly care.
