Pursuing an injury claim can be very stressful. As your medical bills pile up, and you find yourself having difficulty making ends meet, you really need the compensation to which you’re entitled. But it gets worse when the insurance company comes back and refuses to pay out for whatever reason.
The good news is, you still have options, even in the face of a denial. Read what to do if your personal injury claim is denied by your insurance company, and how a Tulsa personal injury lawyer can help you get compensation.
Review Your Denial
The first step is to very carefully review the denial you received from the insurance company. Note their reasons for denial, and even more importantly, note the exact language they used for those reasons. This language will be an important clue to get to the bottom of the problem, and whether or not it’s legit.
Review Your Policy
Next, carefully review your insurance policy. This can be somewhat ponderous as many policies can be many pages full of fine print. The first place you want to look, however, is under the exclusions section. Compare the language in the denial to the exclusions listed and see if they match. Many policies have express situations or conditions which are excluded from coverage.
Challenging the Denial
If there is anything in your policy or the denial itself that is unclear, mistaken or erroneous, or outright false, you can write a letter to the insurer challenging the denial. Ask them to clarify, in concrete terms, anything that seems a bit gray. Point out any errors or falsehoods. Be concise, but detailed. Try to keep a factual air about it. Don’t get emotional or accusatory.
Breach of Contract or Bad Faith
The two most common forms of legal action filed against insurance companies are a breach of contract and bad faith. In breach of contract, you are alleging that the insurance company has failed to abide by the terms of your agreement with them by unfairly denying your claim.
In bad faith, the insurance company has failed in a duty that it owes you to provide reasonable and fair treatment. If they knowingly deny a claim that is clearly valid, or if they refuse or fail to investigate your claim before denying it, that can be considered bad faith.
In both situations, you may be able to get not only your original claim covered, but additional damages suffered as a result of the denial.
Calling a Tulsa Personal Injury Lawyer
Many policies have a clause that requires the use of a dispute resolution method such as arbitration or mediation to resolve disagreements. This is a positive thing, as it helps to avoid expensive and painful court cases and will force the insurance company to view you as a person rather than a name or number on a page.
However, before going toe-to-toe with an insurance company, who have experienced attorneys on their side, you should have an experienced Tulsa personal injury lawyer on yours. At Parrish DeVaughn, we have dealt with difficult insurance companies for years, and we will fight to get you the compensation you deserve. Give us a call for a no-cost discussion and evaluation of your case today.
