After a car accident, the last thing you need is a denial of coverage letter from an insurance company. Insurance companies deny claims for a variety of reasons, and some of them don’t hold up once you submit adequate proof.
If you are unsure what to do next, a Baton Rouge car accident lawyer from Chris Corzo Injury Attorneys can review the denial and help you understand your options.
Call our car accident attorneys today at (225) 999-1111 or complete the short form on our contact page and schedule a free consultation to discuss your Louisiana car accident claim.
Whose Insurance Company Denied Your Claim?
Did your own insurance company deny your claim, or did another driver’s insurance company deny it?
If your own insurer denied your claim, that is a first-party claim. You have a contract with them, and your policy states exactly what that company owes you. Policies typically outline an internal review or dispute process that you can follow after a denial.
If the denial is from another driver’s insurance company, you generally don’t have an appeal process to follow. However, you can negotiate with them and file suit against them and the at-fault driver if the insurer does not pay what they owe.
Working with an experienced car accident lawyer in Baton Rouge, LA, can help ensure all potential avenues of recovery are thoroughly explored.
Read the Denial Letter Carefully and Then Respond
Before you respond to the letter, take time to determine why the insurer says your claim is not valid. Some common reasons for denial include:
- Fault is disputed. The insurer may say it believes you or someone else caused the accident and that their insured driver was not at fault or that you were more than 50% at fault. Louisiana’s comparative fault law bars recovery if you are found to be more than 50% at fault.
- The policy does not cover the loss. The insurer may claim that coverage had lapsed or that the type of claim is not covered under its policy.
- Failure to meet a deadline. The insurer may claim that you did not file your claim or report the accident as quickly as the policy requires.
- Damages are disputed. The insurer may say that your injuries were not caused by the accident. A gap in medical treatment often supports this argument.
Many insurers spell out their appeal process and the deadline for filing a review request in the denial letter. Following their exact steps can help expedite the appeal process.
If the denial letter doesn’t include appeal instructions, call the adjuster and ask how to request a formal review. Then ask that your file be escalated to a claims supervisor or to the insurance company’s appeals department.
When you send an appeal letter, include the claim number, policy number, and accident date. You should also state exactly why you are appealing and provide your supporting evidence.
If the denial letter came from the other driver’s insurance company, you can submit a letter for reconsideration and include the same details as you would for an appeal to your own insurance company. A qualified car accident attorney can also assist you in drafting a comprehensive request for reconsideration.
What Louisiana Requires From Insurance Companies
Louisiana R.S. 22:1892 generally requires insurers to pay first-party claims within 30 days after receiving satisfactory proof of loss and expects insurance companies to act in good faith.
An insurer that denies or delays paying a claim without probable cause, or does so arbitrarily, may be ordered to pay penalties and attorney fees in addition to what is already owed.
You Can File a Complaint With the Louisiana Department of Insurance
If an insurer is delaying or denying your claim unfairly, you can file a consumer complaint with the Louisiana Department of Insurance. The department will contact the company and require a response, but it cannot decide fault or order the insurer to pay you. However, filing a complaint may put pressure on the company.
Pay Attention to the Filing Deadline
Filing an appeal of your claim denial does not stop the clock from ticking on your injury claim. La. C.C. Art. 3493.1 generally requires you to file your claim within two years of the date of your accident.
If you miss your filing deadline, you will be unable to recover any compensation. Consulting a car accident lawyer promptly ensures all strict legal deadlines are met.
Contact Our Baton Rouge Car Accident Attorneys Today
Don’t try to fight the insurance company alone. At Chris Corzo Injury Attorneys, our car accident lawyers will review your denial letter, gather evidence to support your claim, and help you hold an insurer responsible for paying the full value of your claim.
Call our team of car accident attorneys in Baton Rouge today at (225) 999-1111 or visit our contact page and schedule a free, no-obligation consultation.