When you get into an accident, you expect to file a claim with your insurance company and get the settlement you deserve. Unfortunately, it doesn't always work out that way. Here are some things to do if your original claim is denied.
Find Out Why it Was Denied
The first thing you should do when you receive a letter from your insurance company saying your claim was denied is to look at the reasons why. Many of these letters are clear with the reason they denied it. It might be due to lack of coverage, a lapsed insurance policy, or issues with who is at fault for the accident. If the adjuster believed you to be at fault, they can deny the claim, but don't give up. If you know the accident was not your fault, there is still hope of filing an appeal and getting your settlement.
Gather Proof of the Accident and Injury
After you have determined the reason why the claim was denied, you can begin gathering proof of the accident and injury. For the accident, good proof includes any photographs you took at the scene of the accident, witness testimonies, and the original police report. If you received an injury during the accident, gather medical documents as well. You should have receipts and paperwork for the trip to the emergency room, treatments or procedures for the injury, and any prescriptions you take. If you were sent to a specialist or had to pay deductibles and co-pays, bring along that information as well.
Contact an Attorney
At this point, you should be contacting an attorney that specializes in car accidents and personal injury cases, such as Sarkisian, Sarkisian & Associates PC, if you don't have one already. You will likely be filing for an appeal of the denial, which requires legal assistance. You will be much more successful if you can consult a legal professional about the matters as they can help you prepare the appeal. Make sure you choose an attorney that has experience with these types of cases, including filing appeal.
File for an Appeal
The last step is to get together with your attorney and prepare the appeal. There should be information on the original claim denial letter that instructs you how to appeal the decision. It is best when settled out of court, so hopefully you won't need to file a lawsuit against the insurance company. In many cases, they are willing to settle, even if you get less than what you hoped for from the settlement.