What are My Legal Options if My Personal Injury Claim is Denied?
When an insurance company denies an injury claim, they often do not provide a clear reason why. Unfortunately, many people have not filed injury claims before and may be unaware that a denied claim could be overturned.
Our knowledgeable personal injury lawyers in Savannah are prepared to review your injury claim to see how we may be able to help you recover the compensation you need for medical bills, lost wages and other damages.
Below, we discuss some of the reasons why your claim may have been denied and what your legal options may be for recovering compensation.
Why Was Your Claim Denied?
Insurance companies are within their rights to deny injury claims when there is good reason to do so. Some of those reasons may include:
- Policy exclusions – This refers to situations when the fine print of liability insurance policy specifically excludes certain accidents or injuries from coverage.
- Lapse in coverage – If the policyholder lets the liability insurance lapse or expire without renewing the policy, he or she may not be able to overturn the denial.
- Not following claims procedures – When an injury victim incorrectly files a claim, misses a deadline for filing documents or makes other errors, he or she may be excluded from coverage.
However, there are other reasons an insurance company may deny a claim that is questionable:
- Pre-existing injuries/conditions – An accident can aggravate an old injury, or a pre-existing condition may make you more susceptible to serious injury, but this may not prohibit you from pursuing compensation. Remember, if you were injured in an accident caused by someone else’s negligence, you have the right to pursue compensation for your damages.
- Failure to avoid injury – While you may be partially at fault for an accident that resulted in your injuries, Georgia law still allows you to recover compensation so long as you were less than 51 percent at fault.
- Delaying treatment – If you take too long to see a medical professional after your accident, the insurance company may try to deny your claim saying you are not actually injured. However, it is important to note that many injuries may not show symptoms until several days after an accident.
Filing an Appeal to a Denied Claim
If your claim is denied, it is generally a good idea to review their reasoning with an experienced attorney who may understand the response they have given you to see how you may be able to appeal the decision.
The insurance company should provide you time for appealing the denied claim and you may be able to re-file some of your information. Remember, insurance companies often deny claims for simple spelling errors, incorrect dates or even a vague statement you made to them. Having one of our attorneys on your side may help avoid these mistakes so your claim is not denied again.
Filing a Bad Faith Insurance Lawsuit
If the insurance company denies your claim without providing a good reason, you may be able to file a lawsuit against them for acting in bad faith.
Some of the bad faith tactics used by insurance companies include:
- Failing to properly investigate your claim
- Purposefully prolonging negotiations to delay compensation
- Offering much less compensation than what your claim is worth
In some cases, the insurance policyholder who is responsible for your injuries may also bring a bad faith claim against their own insurer if they refused to adhere to their contractual agreement and cover the costs of your damages.
Call a Knowledgeable Attorney
Even if the insurance company denies your claim, you may still be able to recover compensation. Remember that the insurance company will look for any reason to deny your claim, hoping that you do not know or understand your rights.
Fortunately, our attorneys do know your rights and are prepared to help stand up for them if you were injured due to someone else’s negligence.
Since 2013 our firm has been fighting hard for injury victims and has recovered millions in compensation on their behalf.
The consultation is free and there are no fees while we work on your claim. You only pay us if we win, so there is no risk to you.