It can be frustrating when an insurance company denies a legitimate claim in an accident that was not your fault. Oftentimes they’ll simply take their client’s word that the accident was your fault, without even looking at the facts. Unfortunately, even when the facts of the accident are clear-cut and unambiguous, there’s no law requiring the insurance company to accept liability or pay you a single penny unless they’re forced to do so by way of a lawsuit.
Settlement offers are sometimes extended to claimants in an effort to settle the claim before the victim wises up and contacts an attorney, but the settlement offer will obviously be nowhere close to the actual value of your claim unless you have an attorney on your side. Insurance companies may even justify their low settlement offer by claiming that both parties shared responsibility for the collision. They’ll tell you this is the most they can offer you for this accident, but that is a downright lie. Do not let them take advantage of you!
While the insurance company might not be willing to hear you out, you can bet that once you hire an attorney they will change their tune. The fact is that insurance companies deny claims just like yours on a daily basis. They know that most victims will try and handle their own claims instead of seeking out an attorney, and statistics show that those who hire an attorney receive (on average) settlement offers over three times higher than those who don’t.
Insurance companies are not afraid of you filing a lawsuit yourself (without a lawyer), because again, statistics show them that this puts them and their team of attorneys at a significant advantage. In order to give yourself leverage, you need an experienced attorney to fight on your side (especially if they’ve beaten the insurance company in court before).
What to do when a car accident claim is denied.
While many people do not know what to do upon receipt of a denial letter, there are avenues available for you to pursue. The best course of action is to consult with a personal injury lawyer who has experience handling claims against this particular insurance company. The lawyer can evaluate the circumstances surrounding the claim and advise you of your options and likelihood of success moving forward.
Do not be put off by the idea of hiring an attorney. Most law firms offer free over-the-phone consultations and work on a no-win no-fee (contingency-fees) basis. You never have to risk your own money to hire a car accident lawyer, as they collect a fee if they actually win your case. To discuss your case with us today, call Malman Law Firm at 303-733-7900.
Why an insurance company may deny a claim.
There are several reasons an insurance company may provide for denying your claim (if they even provide one), including:
- Attempting to claim that their policyholder was is not responsible for the accident, or that you both shared in responsibility,
- Most policies include a list of things that are not covered under the policy. They may falsely claim that this accident fails under one of those categories.
- If the premiums were unpaid at the time of the accident (a lapse in the policy), the insurance company may say there was no coverage in force at the time.
- The insurance company may even deny the claim if the policyholder failed to notify them within a reasonable period of time, or if they are unable to obtain a statement from their policyholder.
An insurance company’s obligation to act in good faith.
An individual who purchases insurance enters into a contract with that company. All parties to the contract have an obligation to act in good faith, meaning they are required to enter into the contract with the best of intentions for their policyholder. They owe you no such duty and are free to deny your claim for any reason (or no reason at all).
It’s completely unfair, but this is why accident attorneys exist. Law firms like ours help personal injury victims fight for what they’re truly owed under the letter of the law. We only earn our fee when we put money in your, pocket so you can rest assured that we are doing everything we can to make sure your claim is successful. If for some reason we are unable to win your case, you literally walk away without owing us a penny.
The accident attorneys at Malman Law Firm exist solely to help victims recover every penny they’re entitled to following a serious car wreck, and we don’t earn a fee unless we win your case. Call us at 303-733-7900 for a free consultation.
If you have any questions, you should contact Malman Law Firm at 303-733-7900 or ilianameza@malmanlawfirm.com.