You’ve been injured in a car accident that wasn’t your fault. You’ve done the things you were supposed to do — filed an accident report with the police, notified your insurance company, made a claim to the other driver’s insurance for your medical and car repair bills, and provided documentation of your injuries and damages. But now that insurance company is claiming the accident wasn’t the other driver’s fault at all, and they’re refusing to cover your costs.
When an insurance claim is denied, it’s natural to feel frustrated. You know what happened. Someone else caused your injuries and damages, and you shouldn’t have to battle a faceless corporation to be made whole. You suspect they may be trying to wear you down and hope you’ll go away so they don’t have to pay out any money. Insurance companies are after all, in the business of making profits.
You may not know where to turn when that denial letter arrives in your mailbox, but there are other avenues you can pursue with your claim. A consultation with a knowledgeable car accident lawyer may be enlightening. An attorney with experience handling insurance claim denials can evaluate the circumstances of your claim and discuss some options for proceeding. That may include appealing directly to the insurance company or filing a lawsuit.
When your insurance claim is denied, the insurance company has to give you a reason for the denial. Common reasons for denial of claims include:
When a policyholder purchases insurance, that insurance policy acts as a contract. The policyholder agrees to pay the premiums for insurance, and the insurance company agrees to pay claims unless one of the policy exclusions applies. Parties to a contract are required to act in good faith, which generally means that they enter into the contract with honest and sincere intentions. That means if an insurance company denies your claim, it is supposed to have a legitimate reason to do so. If the company knows its policyholder is at fault and no exceptions apply, and a claim is denied anyway, the company may be acting in bad faith, or in other words intentionally not fulfilling the company’s contractual obligations.
There are some actions under Illinois law that are considered improper claims practice. If the company that denied your claim performed any of these actions, listed in 215 ILCS 5/154.6, you may have a claim against the company for improper claims practice. A lawyer with experience handling insurance disputes can help you determine if one of these happened to you:
Most insurance companies have a process for appealing a denied claim. An lawyer can help you pull together all of the evidence and documents you’ll need to address the reason for the denial and submit them to the insurance company on your behalf. Your lawyer can state your case for why your claim should be paid under the policy, and negotiate with the insurance company for a settlement. That process may include going to arbitration of your claim, where each side presents arguments to an impartial third party and that person makes a ruling on the dispute.
If the insurance company acted in bad faith, you may be able to sue the company for the improper claims practice. If you go this route, you’ll definitely want one of the personal injury lawyers in Chicago by your side. Call us at (312) 236-2900 for a free legal consultation with Staver Accident Injury Lawyers, P.C.
I highly recommend Staver Accident Injury Lawyers, P.C. They are very fast and efficient. They will get you every dollar you deserve. . . . You don’t wait hours or days for a response, these guys know what they’re doing if you need a personal injury lawyer, don’t hesitate to give Staver Accident Injury Lawyers, P.C. a call.
Staver Accident Injury Lawyers, P.C. can help you manage the paperwork, insurance adjusters, and defense attorneys so you can focus on your health and getting the appropriate treatment. Please call us today for a free legal consultation with one of our personal injury lawyers.
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