Traffic accidents can have devastating consequences. You may be left nursing injuries and your vehicle may sustain lots of damage. When this happens, you expect either your insurance company or that of the other driver to compensate you. When this doesn’t happen, you may feel like you have nowhere to turn. However, that’s not the case. Attorneys like those at Emroch & Kilduff will tell you there are at least five things you can do. Let’s discuss them.
Don’t Give Up on the Insurance Company
When you get a claim denial letter, you may feel that is the end of your case. However, you should investigate the reason for the denial and see if it is something you can fix. Maybe you didn’t submit all the available evidence or you left out important information in your haste to get the letter in. If you can strengthen your case in any way, you should seek to do so. Make sure you follow up frequently with the insurance company and document every interaction. You can also file an appeal against the decision. You should consult an attorney for assistance with these processes.
Have an Attorney Draft a Demand Letter
A demand letter is a formal claim for compensation. It details your side of the situation, the monetary losses you suffered, and any injuries you sustained. It also sets out why the other driver was at fault. This can force the insurance company to give details on why it denied the claim or even offer you damages. You may get all the compensation you requested or just a portion. You can decide if you’re willing to accept a lower sum.
File a Bad Faith Claim Against Your Insurance Company
Sometimes your own insurer may refuse to cover your losses. If your insurance company denies your claim for reasons you feel are unjust or they didn’t investigate the accident properly, you have recourse. You should submit a final written demand letter to give the insurer a final chance to pay before taking this step. If your claim is denied again, you can file a complaint with your state’s Department of Insurance. That agency will try to find a solution through mediation.
Sue the Insurance Company
If all attempts to get your claim settled through negotiation fail, you may have to go to court. This can be a long process so you have to ready for the battle. It can also be costly so you need to be certain it is worth it. Your attorney will be able to tell you whether you truly have a case.
Sue the Driver Who Was At-Fault
You can sue the at-fault driver personally for all your losses. Strictly speaking, their insurer is not obligated to pay you. They will, however, defend the driver in court and pay you if they are ordered to do so by the judge. If you choose to go this route, you must have proof that the driver was at fault and that the costs you are asking for are appropriate. A lawsuit should be a last resort since it is time-consuming and costly and you can’t be sure it will work out in your favour.
Getting a claim denied isn’t the end of the world. You can fight back against the insurance company even though it may take a lot of time and effort. It is best to have a knowledgeable and experienced attorney by your side to guide you through the process.
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