If you have suffered from a serious injury after an accident, a denial from the insurance company can make matters worse. You may wonder if you have any other options or if you must face your injuries and damages alone. An initial denial of your claim does not mean it is the end of the road, but your battle to receive compensation for your injuries may be more difficult than you originally anticipated.
If you live in a fault state like New Hampshire or Rhode Island, many claims against the insurance company for the party who is at fault will be initially denied. When it is your own insurance company, that can make the denial especially troublesome. An experienced Boston personal injury lawyer can help you determine your options—but in most cases, quitting now is usually not recommended.
Study the Insurance Policy and the Denial Letter Carefully
If it is your own insurance company denying a claim, whether it is for injuries or damages, you should carefully study the denial letter and the insurance policy language. What rationale has the insurance company provided to deny the claim? Does your situation fall into an exclusion? Are there certain limitations on the claim?
Exceptions or exclusions are sometimes tricky to spot in confusing policy language, so taking a close look is a good idea. You can also bring your policy to a personal injury attorney to discuss your options based on the language in the contract.
Dispute the Denial or Ask for More Information
Sometimes denial letters are difficult to understand because it is unclear why the insurance company is denying your claim. If you are unsure what their rationale may be, it does not hurt to ask questions. You may want to ask your questions in writing so that you have a record of both the question and the response. If you have a specific reason that you think they are wrong, you should articulate it in that communication.
Some insurance companies will require that you go through arbitration or mediation to resolve any disputes. It is a good idea to consult with an attorney before going through this type of process on your own. In most cases, your lawyer can attend the arbitration with you.
Asserting a Legal Claim
If the insurance company does not seem to take you seriously or ignores your attempts at communication, asserting a legal claim may be the only way to get their attention and let them know that you are not going away. A personal injury attorney can help you with this process.
It is important to get experienced help with your legal claim so that you do not accidently waive any of your legal rights. Your Boston personal injury lawyer will also be able to explain what kinds of claims you may have, including breach of contract and bad faith. Other options may be available depending on your unique situation as well.