Steps You Can Take If The Insurance Company Denies Your Personal Injury Claim
When you are injured in an accident, one of the first steps to take is to file a claim against the responsible insurance company, whether it’s against your own insurer (a first-party claim) or against the faulty party’s insurer (a third-party claim). If the insurance company denies your personal injury claim, you should investigate the justification for the denial. The denial may be valid, but there are times when claim insurers wrongfully deny claims. Let’s take a look at your options if your insurer denies your injury claim.
Examine Your Insurance Policy and Claim Denial
If your insurance company denies your personal injury claim, the first step is to review the language of your claim denial and your insurance policy. Ideally, your claim denial should clearly state why your insurer denied your claim, but this is not always the case. Carefully review your insurance policy and compare it to your insurer’s reasons for denying your claim. Perhaps your policy includes certain injury exclusions you were unaware of, and this is why they denied your claim. Whatever the reason, always make sure that your policy contains justification for your claim denial.
Contact Your Insurance Company
If you need more information about why your insurer denied your claim, if your denial contains errors or if you believe your claim was unjustly denied, contact your insurance company. Draft a letter thoroughly yet concisely detailing why the denial is erroneous. It’s a good idea to consult a personal injury lawyer to help you draft an appropriate letter, particularly if your letter is disputing the claim denial. Additionally, certain insurers require additional action such as arbitration in order to dispute a claim denial. If your insurer requires this kind of dispute-resolution service, a personal injury lawyer can greatly benefit you.
Taking Legal Action Against Your Insurer
Whether you made your claim against your own insurance company or that of a faulty party, the insurer has a duty to act in good faith and uphold the terms of their policy contract. If the insurance company fails to uphold either of these standards, you are entitled to take legal action against them.
An insurer acts in Bad Faith when it fails to treat you fairly and justly, such as by unreasonably denying your claim, not investigating your claim or failing to negotiate a settlement. In cases of Bad Faith, you are entitled to compensation for the damages from your injury claim as well as compensation for any emotional distress the insurer caused you. Compensation for your emotional distress is known as punitive damages.
If your insurer fails to uphold the terms of your policy contract, they are liable for a breach of contract. When you sign your insurance policy, you enter a contract with your insurer, and they are responsible for upholding their end of the contract. If your injuries qualify as a loss under the terms of your contract, your insurer has a duty to compensate you for your damages. If the terms of the contract and claim denial demonstrate that your insurer wrongfully denied your claim, you are entitled to appropriate compensation for your injuries as well as compensation for any damages resulting from the initial claim denial.
Contact a Personal Injury Lawyer
Peter Davis & Associates proudly serves the Paterson, New Jersey area. Contact a professional personal injury lawyer today if you need legal advice or representation.
Ask a Question,
Describe Your Situation,
Request A Free Case Review
Fill out the form below or feel free to call us at (973) 279-7246(973) 279-7246
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
What Our Clients Are Saying About Us!
Real Clients and Real Reviews
I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.
I highly recommend Peter Davis & Associates. In particular, Mr. David Ventoso, Esq. did an excellent job helping and assisting me. Mr. Ventoso was knowledgeable, professional and responsive.
All the staff members at the firm took the time to explain every detail and step of the process; they answered all my questions and were always kind. Special thanks to Ms. Carolyn for doing an amazing job.
If you're looking for an attorney in NJ who is trustworthy and really cares, Peter Davis & Associates is an excellent choice.
I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.
My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.
I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.
Thank you so much for your help.
I want to especially thank David Ventoso for always informing me what was going on with my case. He kept up with all my questions and answered every time I called him.
Awesome staff also
Thank you again
Angela Selby
In 2023 I was involved in a T bone accident, the injuries was severe and I knew I'll need an experienced Injury law firm to take the case and to help me get the best outcome.
I therefore called Peter N Davis and Associates. Within a few hours I had a representative at my door for interview and intake.
I've never regretted making that call, because they recommended me to a capable and reputable Healthcare Institution for my treatment.
I've had several procedures and surgeries.
They're help me navigate the difficult road of getting treatment and dealing with my case.
We've not done yet but I like their service so far.
The staff at the Law offices of Peter N Davis and Associates are experienced who have empathy and passion. They have a very good work ethics from the phone operators, Case management, Paralegals, Case lawyers and all.
Mr. Davis is very personable,
a problem solver he's down-to-earth
