How To Fight The Insurance Company After A Personal Injury

Monday, 9 October 2023, 12:07 pm
Press Release: Hugh Grant

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Personal injuries can be painful and can take a toll on your life. However, the insurance company denying your claim is even more painful.

Sadly, it is pretty common in the insurance industry, and every year thousands of people fall prey to this malpractice.

Nearly 60% of all insurance claims are unjustly denied without any valid reason. This data clearly shows why it is important to handle your personal injury claim cleverly.

The insurance companies have professional attorneys and claim adjusters who use different tactics to make sure you lose your case.

All they want to do is make money and will try every possible means to find loopholes, sometimes even in bad faith.

This is why it is important to hire an experienced personal injury law firm to handle your case. Personal injury attorneys can help you beat the insurance companies at their own game and seek rightful compensation.

In this article, we'll show you how to fight the insurance company after a personal injury.

How Do Insurance Companies Make Money?

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Before you fight the insurance companies, it is important to understand how they make money. The sole aim of these companies is to make a profit.

The only way they can make a profit is by paying out less in claims and getting more premiums. They can do so by denying or delaying payouts so that they can make a profit from the premiums.

• Profit = Premiums > Claims Payout
• Loss = Premiums < Claims Payout

Insurance companies follow 2 different ways to generate revenue. They take premiums from policyholders and then reinvest the amount in different assets.

These companies have three main responsibilities:

• To save their company money
• To make people agree to quick settlements for bill payment
• To find information that reduces the claim amount or avoids paying altogether

Even if these companies don't deny your claim, they will try to make the settlement as minimal as possible to maintain the profit ratio. To beat these companies, the best solution is to hire a personal injury law firm.

Reasons an Insurance Company Might Deny or Delay Your Claim

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Here are some common reasons why an insurance company might deny or delay your claim:

Lack of Merit

The insurance company's claims adjuster may deny your claim if they think your claim isn't valid.

Hopes You Won't Pursue

Sometimes, they might also do so in the hope that you won't continue with the claims process.

Trusting Their Client

If there's no official police report, they might believe their client's side of the story and deny your claim.

Undeterminable Fault

If the police report states that the fault is unclear, they might deny your claim.

Policy Exclusions

If the policy excludes natural events, the insurer might deny your claim, suggesting the accident resulted from such an event.

Lapsed Policy

If the other party didn't pay premiums and their policy expired, the insurer may not offer coverage at the time of the accident.

Delayed Notification

Insurance policies usually have a specific timeframe for reporting accidents, and any delay might result in denied claims.

Common Tactics Used By Insurance Companies

Here are some common tactics used by insurance companies to delay or deny your claim:

Early Contact

They will contact you early when you're still confused or in pain, so you agree to things you don't fully understand.

Offering Sympathy And Concern

They will act sympathetic and friendly to gain your trust, which might lead you to share information they can use against you.

Promising A Quick Payment

They will promise quick payments to help you pay immediate bills. However, quick settlement can leave you without coverage for future issues.

Convincing You Not To Get An Attorney

The insurance company will try to convince you not to hire a personal injury attorney, saying they'll help you with the settlement.

Asking For Unreasonable Proof

They will ask for unreasonable proof of your injuries or damages, causing frustration and some people dropping their claims.

Blaming You

Insurance companies may try to say you're partly or fully to blame for the accident to pay you less or nothing at all.

What to Do After Your Claim Is Denied?

If you receive a claim denial letter from the other party's insurance company, the first thing you need to do is visit a personal injury law firm for legal advice. It is best to hire a personal injury attorney to fight the case for you, as there are lots of legal formalities involved.

When you fight back and your claim is presented by a personal injury attorney, it will hold more weight, and the insurance company will take you seriously.

Here's how your lawyer will continue with the denied claim:

Demand Draft

Your lawyer may start by writing a formal letter (demand draft) asking for compensation. In this letter, they'll explain:

• Your side of the story
• How much damage or injury you suffered
• Why the other driver is responsible

Response from Insurance Company

The insurance company will respond either by giving a reason for denying your claim, changing their decision, or offering less money than you asked for.

Make Additional Claim for Improper Practices

You or your lawyer might suspect the insurance company did something wrong, which is against state laws. In that case, you can write another letter pointing out these issues, like when they refuse to investigate properly.

Formal Appeal Process

If the insurance company has a formal process for appeals, your lawyer can use that to negotiate. It might help you get a better deal compared to just asking for money.

Bad Faith Insurance Practices

If you think that the insurance company has been unfair, you can take legal action against them.

Some of the things they're not allowed to do include:

• They take too long to deal with your claim
• They say no to your claim for no good reason
• They don't investigate the accident properly

If your bad faith claim works out, the court can make the insurance company pay you more money than you first asked for. This is a way to punish the insurance company for acting unfairly.

Why Should You Hire a Personal Injury Attorney to Fight Denied Claims?

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Here are some benefits of hiring a personal injury attorney for your case:

• They understand the rules and can help with negotiating with the insurance company.
• They ensure a fair settlement.
• They will handle all the legal formalities and documentation.
• They can safeguard you against bad-faith insurance practices.
• They will represent you in the court.

Conclusion

This is how you can fight the insurance company after they deny your personal injury claim. These companies have professional claims adjuster who can trick you with their tactics for their own profit. However, you can visit a personal injury law firm for support. Personal injury attorneys are well-versed with insurance companies and their tactics and can help you seek fair compensation.

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