After you’ve suffered a major injurious accident, your first course of action will most likely be to file an injury claim. If your claim is approved, you’ll be able to get the financial support you need while your injuries heal. It’s an unfortunate fact, however, that sometimes injury claims are denied, leaving you in a very stressful and vulnerable position.
If your injury claim has been denied, it’s important that you respond as soon as possible so that you can receive the compensation that you deserve. Here are some tips for responding to a personal injury claim denial, which is easier with the help of a Chattanooga personal injury lawyer.
Understanding Your Policy
When someone receives an injury claim denial, it’s common to automatically view the denial as unfair. However, this can depend entirely on the details of your insurance policy. In the fine print of many policies are items known as ‘exclusions’. Exclusions are injuries and ailments that are not covered by your insurance policy, which could be the cause of your denial.
After receiving your denial, carefully go over your insurance policy, paying particular attention to the existence of exclusions. Should you find that your injury should have been covered, it might be time to take action against your insurance company.
Get in Touch with Your Insurer
Anyone whose injury claim has been denied should compare their denial letter to their policy. If the denial contradicts the terms of your policy or contains misleading or inaccurate information, you need to send your insurance company a dispute letter. This letter notifies your insurer that you believe your denial was unfair and should be reconsidered.
When writing your dispute letter, there are a few pieces of information you should be sure to include. Point out exactly why you believe your denial was unfair, and detail the wrong information contained in the denial.
Once your insurer has received your letter, they may request an arbitration. Never agree to this arbitration without first getting representation and advice from a Chattanooga personal injury lawyer. This will prevent your insurer from bullying you during the arbitration process.
Pursuing a Lawsuit
If you cannot get your insurance company to respond to your letter, or if their response wasn’t to your satisfaction, you should consider filing a lawsuit. This is where hiring a lawyer is crucial. Your personal injury lawyer that your two best options will be suing your insurer for breach of contract or bad faith.
If you decide to sue for breach of contract, you and your attorney must prove that your insurer failed to abide by the terms of your insurance policy. Should you file a bad faith lawsuit, the most important factor to prove is that your insurer did not treat you reasonably, whether this was by intentionally misleading you or failing to follow the proper protocol after your injury.
Hire a Chattanooga Personal Injury Lawyer
If you need to dispute a denied injury claim, you should consider hiring a Chattanooga personal injury lawyer from the McMahan Law Firm. The Insiders at the McMahan Law Firm have the know-how necessary to fight the insurance companies so that your claim is approved and you’re able to concentrate on your recovery.