What to Do If My Injury Claim is Denied?
If you have been injured, you deserve compensation for your injuries and accident-related losses. Since New York State is a no-fault state regarding automobile claims, your insurance company will pay your medical bills, regardless of fault. Under New York law, insurance companies are required to accept or deny a claim within 30 days of receiving a first-party claim (a claim filed by the insured).
A claim denial can be discouraging, making you feel like the financial security of having insurance is pointless. If your claim is denied, you may fear that you will be unable to cover your medical expenses and be worried about what the future holds.
In this blog, our Buffalo personal injury attorneys discuss options that may be available to you if your injury claim is denied and the importance of filing your claim in a timely manner.
Appeal the Decision
If the insurance company is denying a valid claim, you have a right to appeal the insurer’s decision. Oftentimes, an injury claim may be denied due to the insurer questioning the severity of your injuries. The insurer may even argue that your injuries or condition existed before your accident. That is why it is important to seek medical attention immediately following a personal injury so that the insurance company does not insist that your injuries are related to some other incident.
In appealing, you are asking the insurance company to reconsider their initial decision, which was made in error. If you are appealing a car accident claim, you will want to gather all evidence pertaining to the accident, including the following:
- Photos of damage to your vehicle
- Receipts from a mechanic for vehicle repairs
- Photos of your injuries
- Medical imaging and doctor’s notes
- Medical bills
- Pay stubs reflecting lost wages
An experienced Buffalo personal injury attorney can help you prepare an appeal, documenting your injuries and damages to which you are entitled.
Sue the Insurance Company
Insurance companies are required to act in “good faith,” taking your claim under consideration for review and fulfilling their contractual obligations. Under New York Consolidated Laws, Insurance Law §2601, unfair claim settlement practices include any of the following acts:
- Misrepresenting facts or coverage under the policy
- Failure to acknowledge communications related to your claim
- Failing to adopt reasonable standards for the prompt investigation of your claim
- Not attempting in good faith to pay prompt, fair, and equitable settlements of claims
- Compelling policyholders to file a lawsuit due to repeatedly offering low settlements
- Failing to disclose coverage under the policy
- Failing to have a reasonable basis to deny your claim
- Falsely lowering cost data
Pursuing litigation will allow a judge to determine if the insurer did act in “bad faith.” However, you will want someone representing you who can gather the necessary evidence to demonstrate how the insurance company improperly handled your claim.
What if My Claim Denial is Due to Not Filing in Time?
You should file an accident claim as soon as possible after the event. No-fault car accident claims must be filed within 30 days of your collision, or you risk having your claim denied. If you were bitten by someone’s dog, you might be able to file a third-party claim through his or her homeowner’s insurance, although you will need to adhere to the timeline provisions specified on the policy.
If your claim denial is due to you missing the deadline, you may be unable to seek financial recovery. Certain exceptions to the timeframe apply in some situations, so you should speak with a Buffalo personal injury attorney to learn if you are eligible for compensation.
Speak with a Buffalo, NY, Personal Injury Attorney Today
If your injury claim has been denied, our legal team would like to speak with you. At Steve Foley Law Firm, we believe that anyone who has been injured due to another’s negligence should be compensated adequately for any accident-related expenses. To learn how our Buffalo personal injury attorneys can be of assistance to you, contact us online or by phone to arrange your free consultation.