If you seek compensation after an injury-causing accident, the insurance company could deny your claim for various reasons. Even if you are not at fault for an accident such as a car collision or slip-and-fall injury, an insurer may deny your claim and refuse to pay you what you are due.
Insurance companies must act in “good faith.” Good faith practices include not denying a claim without reasonable cause, fulfilling the terms of the policy, and processing all claims promptly.
A knowledgeable personal injury lawyer can help you navigate the claims process to protect your rights and ensure you receive the maximum compensation possible. The Baton Rouge personal injury lawyers at Dudley DeBosier can help you understand why an insurer denied your claim and what steps you can take to protect your rights.
- The Insurer Contests Your Cause of Injury
The insurance company may dispute whether or not an injury happened when and how you say it did—such as in a car crash—if you wait too long to be diagnosed. If a diagnosis is delayed, the company could claim your injury happened in a different, unrelated accident after the crash and is therefore not their responsibility.
If you are involved in a car accident, even if you feel fine, obtain a medical evaluation as soon as possible. Some injuries, like concussions, can take days or even weeks to show symptoms. You will have a harder time proving that the accident caused your personal injury damages without medical treatment and records.
Insurance companies will search for reasons to deny claims and establish high evidence thresholds that you must meet to prove you were injured in the accident, and not at fault for your own injuries. All evidence you supply must definitively prove the negligent party’s actions caused your injuries and the seriousness of your damages. Without a high standard of proof, the insurance company may deny your claim for damages.
When you submit an insurance claim, ensure you have as much evidence as possible to prove your case. You can work with a personal injury attorney from Dudley DeBosier to help you gather evidence, such as a police report that details the incident and specifies that you were not at fault.
Your attorney can also obtain witness testimony, photos, or video evidence when available to sufficiently prove your claim to the insurance company, so they do not attempt to deny it.
In Louisiana, you generally have up to one year to file a claim with insurance regarding a personal injury. As long as you file your claim within the timeframe, it cannot be denied solely based on filing delays.
While a year may seem like a long time, filing deadlines can arrive quickly, especially if you were expecting the insurance company to play fair and were not expecting all the back and forth that often results.
Contact an attorney with Dudley DeBosier as soon as possible after your accident. Our attorneys can help you compile the information you need promptly so you can file your claim on time and with the correct documentation to prove your case.
If an insurance company denies a claim but fails to provide a reason why, it may
be acting in bad faith. Bad faith practices include undervaluing, denying, or delaying a claim for unknown, illegal, or unethical reasons. These actions breach the company’s contract with the policyholder, and the company could be subject to legal consequences for its actions.
Insurers found to be acting in bad faith can receive statutory penalties and punitive damages and can be forced to pay more than the policy’s limits as a result. The attorneys at Dudley DeBosier can help you fight a company acting in bad faith and ensure that they comply with state laws and fulfill contractual obligations for policy coverages.
It is illegal for an insurance company to act in bad faith. They must promptly and adequately respond to and investigate any claim filed correctly.
If you have an insurance claim wrongfully denied or want to ensure you file your personal injury claim correctly, contact the Baton Rouge personal injury lawyers at Dudley DeBoiser. We have years of experience in personal injury cases, including filing claims and negotiating with insurance companies.
Call us today for a free case review. We can help you navigate your case and understand what steps to take to get the insurance settlement you deserve.
This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.
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