What can I do if insurance denies my claim?
Personal Injury - May 7, 2024
Facing a denied insurance claim after a personal injury can be frustrating. You’re already dealing with the physical, emotional, and financial toll of your injury, and now you’re faced with the added stress of navigating the insurance claims process. A Chicago personal injury attorney from Horwitz, Horwitz & Associates can answer your questions and help you reach a satisfactory resolution if your claim is denied.
Why do insurance companies deny claims?
Remember, auto insurance companies are for-profit businesses. The less they pay you for valid claims, or better yet (for them) flat-out refuse to pay you, the more money they make. Insurance companies may deny claims for various reasons:
- Disputes over liability
- Lack of coverage
- Failure to meet policy requirements
- Pre-existing conditions
- Misrepresentation or fraud
- Late filings
Their reasons may not always be fair or accurate, which is when your personal injury lawyer can counter denials or low settlement offers.
What can I do if the insurance company denies my claim?
If your personal injury claim is denied, here are some steps you can take.
1. Review the denial letter
Carefully review the denial letter from your insurance company to understand the reason for the denial and specific instructions for appealing the decision.
2. Gather documentation
Collect relevant documentation to support your claim, including medical records, police reports, witness statements, photographs of the accident scene or your injuries, and correspondence with the insurance company.
3. Understand your rights
Familiarize yourself with your rights as an insurance policyholder, including the appeals process outlined in your policy and any applicable state laws or regulations governing insurance claims.
4. Contact your insurance company
Contact your insurance company to discuss the denial and seek clarification on the reason for the decision. Keep detailed records of all communications with them, including dates, times, and the names of representatives you speak with.
5. Consider filing an appeal
If you believe the denial was unjustified, you can appeal the decision. Follow the appeals process outlined in your policy, which may involve submitting additional documentation, providing a written explanation of your case, or participating in an appeal hearing.
6. Seek legal advice
If you’re unsure how to proceed, consult a qualified personal injury lawyer in Chicago who can review your case, advise you on your options, and represent your interests throughout the appeal process.
How long do I have to appeal a denied insurance claim?
Insurance companies must provide policyholders with a reasonable opportunity to appeal a denial, typically involving submitting an appeal within a specified timeframe from the denial letter. Under Illinois law, you have two years from your injury to file a lawsuit against the at-fault party, regardless of your insurance claim status.
It’s essential to consult with a personal injury attorney at Horwitz, Horwitz & Associates so we can thoroughly review your policy and ensure adherence to deadlines for filing an appeal or lawsuit to preserve your rights.
Can I sue my insurance company if they deny my claim?
In certain circumstances, you may have grounds to sue your insurance company for wrongful denial of coverage or bad faith practices. If you believe your insurance company acted unfairly or violated the policy’s terms, you may have legal recourse to pursue a lawsuit.
However, suing an insurance company can be complex and challenging, and it’s essential to seek guidance from our experienced personal injury lawyers, who can assess your case, advise you on your options, and represent your interests in court if necessary.
How can an attorney help me?
Our personal injury attorneys can help you in the following ways:
- By reviewing your insurance policy and denial letter to assess the validity of the denial
- By gathering evidence and documentation to support your claim
- By negotiating with the insurance company on your behalf to seek a fair settlement
- By representing you in appeals proceedings or litigation if necessary
- By providing guidance and legal advice throughout the claims process to ensure your rights are protected and upheld
Who should I contact for help after a denied claim?
By understanding your rights and seeking assistance from Horwitz, Horwitz & Associates, you can take proactive steps to challenge the denial of your personal injury claim and seek a fair resolution. If you’re struggling with a denied claim, contact our skilled team at (800) 985-1819 to schedule a free case evaluation.
