Managing Partner
Insurance companies have, understandably, developed a reputation for being unfair to car accident victims – even when the victim is their own policyholder. Denied or undervalued auto accident claims are common, and they leave victims unsure of which steps to take next.
Fortunately, you don’t have to deal with insurance alone. You have the right to retain legal representation to help you level the playing field and fight for a fair payout. The New York personal injury firm of Dell & Dean PLLC looks at strategies for handling insurance disputes.
Why Claims are Denied or Undervalued
The first way to deal with an insurance problem is to better appreciate why insurers undervalue and deny claims. Some insurance decisions are justified, while others are made in bad faith. Common reasons for denied and undervalued claims include:
- Lapsed coverage: If you miss your insurance premium payments, your policy will lapse and may not cover you in the event of an accident.
- Policy violations: Other violations, like allowing an unauthorized person to drive your vehicle, could also void the policy.
- Misrepresentation: If your insurer determines that you made material misrepresentations to obtain your policy, the company may refuse to cover you.
- Insufficient documentation: Whether you are dealing with your own insurance or that of the at-fault driver, you need to sufficiently document your accident and injuries.
- Failure to follow procedures: You must follow certain procedures when it comes to filing and processing your injury claim.
- Delay: If you wait too long to file your claim, the insurance company may grow suspicious and refuse to pay you.
How To Respond To an Insurance Denial or Underpayment
Regardless of why the insurance company refused to pay for your losses or made an unreasonably low offer, there are a few ways to handle the company’s handling of your claim. Our New York personal injury attorneys suggest taking these steps:
- Thoroughly read the insurance company’s correspondence: The insurer will send you a letter or other correspondence explaining in detail its decision. Read this closely so you understand why the insurer did what it did.
- Check the letter against the facts: To the extent the insurance company references certain facts, such as the date you filed the claim, check to ensure these details are accurate. Even a seemingly minor mistake could have a major impact on your claim.
- Check the letter against the policy: The letter should make reference to pertinent details that are spelled out in your policy. If you do not agree with the interpretation of the policy, note your disagreements for later.
- Document everything you can: Regardless of whether you are dealing with your own insurance or that of the at-fault party, as mentioned above you need strong documentation. Figure out what you are lacking and acquire sufficient documentation to substantiate your claim.
- Negotiate with the insurer: Just because the insurance company made a decision about your claim does not mean it is over. Armed with more documentation and a better understanding of your policy, consider negotiating for a more favorable outcome.
- File an appeal: The insurance company should offer a way to appeal the denial or underpayment. Find out how, then follow the procedures. Make sure you do not miss any deadlines or skip over any requirements.
- Be careful with what you say: At all times in the claims process you should avoid saying anything that could jeopardize your compensation. Never admit fault, speculate about your injuries, or agree to give a recorded statement to the insurer.
- Speak with an attorney: If you are encountering resistance, unfair tactics, or lack of communication with the insurer, it’s time to talk to a New York personal injury law firm. That’s where our legal team is ready to work with you.
Helping You Challenge Unfair Insurance Decisions
Nobody wants to deal with an insurance company after being injured. But you deserve fairness and honesty, whether your claim is against your own insurer or another company. Legal representation can help leverage the playing field.
If you were hurt in an accident in New York, connect with Dell & Dean PLLC. The earlier you retain counsel to assist with your claim, the more likely it is that you will be fairly compensated for your losses. Contact us today to learn more.
