What Do I Do If My Injury Claim Is Denied?
When your insurance company denies your personal injury claim, it can make your already difficult situation even more stressful. Anytime an insurer denies your claim, it’s worth looking into to make sure that both you and the insurer did everything possible to fight for your compensation.
Insurance policies and denials can be tricky, but consulting a Nashville personal injury lawyer can help you through this process. Let’s take a look at what your options are when your claim is denied and how a Tennessee personal injury attorney can help your case.
Clarify Why Your Claim was Denied
When your insurance company denies your personal injury claim, carefully examine the details of your insurance policy and the letter explaining your claim denial. In order to find out whether your denial is justified, you need to understand the terms of your policy. Your policy may contain specific exclusions, which would warrant your insurer denying your claim. Always compare the language and explanations in your denial to make sure they match up with the terms of your policy.
Other times, your claim denial may be more ambiguous, or it could even contain errors or incorrect information. If you are confused as to why your insurer denied your claim, contact them requesting more information.
Your denial should have information about who to contact with your dispute, but certain insurers have additional measures when disputing your denial, such as requiring arbitration or another form of dispute resolution. Contacting a Nashville personal injury lawyer is wise if you are trying to dispute your denial, and it’s especially important before you go ahead with other forms of dispute resolution.
Taking Legal Action Against Your Insurer
If your insurer’s reply to your dispute is unsatisfactory or if you do not receive a response, a lawyer can help you understand your legal options. While you may be able to take legal action against your insurer for a variety of reasons, two common reasons that warrant legal action are Bad Faith and a breach of contract.
Insurance companies have a duty to their clients to treat them in good faith, fairly and reasonably. If they deny a valid personal injury claim or fail to properly investigate your claim, they are acting in Bad Faith. If this is the case in your situation, your insurer may be liable for any distress they caused you and owe you for the original claim as well as for the punitive damages they caused you.
When you sign a policy with an insurer, you enter into a contract with them, and both you and your insurer are expected to uphold your end of the policy. If your personal injury claim is valid and your damages should be covered under your policy and your insurer still denies your claim, they are breaching their contract with you. In this case, the insurance company is also liable for compensating you for your original claim as well as for other damages they caused by denying your claim.
Contact a Nashville Personal Injury Lawyer
Disputing a personal injury claim denial can be a difficult and confusing pursuit. Mitch Grissim & Associates has been helping injury victims in the Nashville, TN area for over 30 years. Contact a Nashville personal injury lawyer at Mitch Grissim & Associates today so we can help you understand your legal options.