Whenever you’re hurt in an accident it’s stressful enough waiting for your claim to go through and get the money you need to pay your medical expenses and keep your life together. When the insurance company refuses or denies your claim for any reason, it’s even worse. You’ve got enough to worry about without the stress, anger, anxiety and fear that goes with wondering how you’re going to pay your medical bills.
The upside to this is that a denial or refusal is not the end of the road. If you take the right steps and are willing to fight, you can still get the compensation to which you’re entitled. Explore your options if the insurance company denies your injury claim, and how hiring the right personal injury lawyer can still get you compensation.
Review the Denial and Policy
The first step is to find out why your claim was denied. Carefully look over your insurance policy, searching for fine print containing exclusions that the company may have cited to deny your claim. Many insurers use this tactic of “fine print exclusions.” If you find any, put a lot of focus on the exact wording of the denial, and see if it applies to the exclusion as written.
Dispute the Claim in Writing
If you have received a denial that has errors in it, is totally mistaken, or has any misleading information or falsehoods, you can write the insurance company a letter challenging these problems. Point out why the erroneous information is false, and ask for clarification on any gray areas.
Be concise, but detailed in your language. The next step after this may be mediation or arbitration if it is required in your policy. Regardless, you should be sure to speak with an attorney, if you haven’t already.
Filing a Lawsuit
There are several instances wherein you might be able to file a lawsuit and take legal action against the company. These include circumstances where the company is in breach of contract, meaning they are clearly failing to uphold their end of the deal by providing promised coverage, or circumstances where they are acting in bad faith, meaning they are not treating you fairly. They may have failed to properly investigate the claim or are simply not taking it seriously.
In either of these circumstances, the insurance company could be liable not only for the initial damages but additional damages you may have suffered because of their actions in the interim. Securing such damages, however, can create a serious problem if you don’t have the right representation.
Speak with Your Personal Injury Lawyer
You have nothing to lose and everything to gain by bringing your case to a personal injury lawyer. Attorneys like these have seen all manner of insurance company non-payment rationales and tactics, and know exactly how to counter them. Even better, a good attorney will not charge you a fee unless they win your case.
If you find yourself in such a situation, contact the West Virginia injury lawyers at Stewart Bell, PLLC for a free consultation today.
