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How to Respond to Your Personal Injury Claim Denial

How to Respond to Your Personal Injury Claim Denial

Posted By The Dunnion Law Firm || 23-Mar-2017

When you’ve suffered a severe accident, then one of your top decisions to make is how you will support yourself until your injury heals. For most people, the best solution is to file a personal injury claim. Injury claims can provide you the funding that you need to pay your medical expenses and to stay on your feet until you can return to work.

Unfortunately, it’s very common for your insurance claim to be denied, which makes it important to learn how to best respond after a denial occurs. Discover how you can effectively respond to an injury claim denial with the advice and assistance of an experienced personal injury lawyer.

Compare the Denial to Your Policy

The best way to respond to your claim is to understand the fine details of your insurance policy. Most insurance policies are dense and filled with exclusions, and it is in these exclusions that you may find the reason for your denial. Inspect your policy line by line and try to see if it matches up with the denial letter your insurance company sent you. If the reason for denial is not found in your policy, then you may have grounds to dispute.

It’s also a good idea to examine your letter. Look for incorrect information or anything that seems intentionally misleading. A denial letter that is not accurate or contains falsehoods can also be used to dispute your claim.

Dispute the Claim in Writing

Once you have found your reason to dispute your claim denial, you need to submit it to your insurance company in the form of a letter. Make sure that your letter is short, to the point and contains the exact reasons that you think your claim should have been approved.

Most commonly, your insurance company will request that you enter into arbitration after receiving their letter. While many people agree to this to avoid a lawsuit, you should never consent to an arbitration hearing unless you’ve hired a personal injury lawyer. The insurance company will absolutely have their legal team at the hearing, and if you’re not represented as well it can result in you losing out on your claim.

Your Options for Legal Action

It’s extremely common for your insurance company to either ignore your dispute letter or to respond to it unacceptable. When this happens with your claim, your only recourse will be filing a lawsuit against a company. If you do have to file a suit, it will either be for bad faith or breach of contract.

A bad faith lawsuit hinges on proving your insurer did not handle your claim correctly and never intended to do so. This can include lying to you about the terms of your policy or never examining and investigating your claim.

If you sue for breach of contract, you must show that your insurer has not upheld the terms of the policy you both agreed to. Typically, this results from an insurer denying a claim for an injury that is explicitly covered by your policy.

Retain a Personal Injury Lawyer

If you’re worried about disputing a denied claim with your insurance company, you need the help of a personal injury lawyer from the Dunnion Law Firm.

The Dunnion Law Firm knows how to stand up to insurance companies so that you can receive your just compensation. Contact us today.

Categories: Personal Injury