Insurance Claim Denial
If you have been in an auto accident and your claim was denied by your insurance or you have reached a stalemate in settlement negotiations, an auto accident lawyer may be able to help move things along. A car accident attorney can give the insurance company a reason to keep working with you, or file a lawsuit to get you the compensation you deserve.
You Can Sue the Insurance Company
Your car insurance policy is a contract between the insurer and the insured. If your insurance fails or refuses to pay a claim which should be paid under the terms of the policy, it is a breach of contract, and the insured can pursue all available legal remedies for the breach, including filing a lawsuit against the company. Most of the time, you can even recover other expenses such as the cost of the lawsuit.
Handling Coverage Denials in Henderson
If your auto accident has been unjustly denied, ask you insurance adjuster to put the denial in writing citing the specific policy language that pertains to your claim. If you disagree with the basis of claim for denial of your claim, the next step would be to consult with a Henderson auto accident lawyer who specializes in denied claims. If the lawyer determines you have a reason to dispute the denial then they can advise you on what to do going forward and whether you should first use the insurer’s internal appeals or dispute process, or go directly to legal action.
How an Accident Attorney can Assist in Dispute Resolution
There are many avenues of dispute resolution that a reputable Henderson car accident attorney can assist you with when it comes to your auto accident including:
- Negotiations: Your car accident attorney can enter into negotiations with insurance company on your behalf. This will force the insurance company to reopen your case in the event your coverage was denied. The attorney will put pressure onto your insurance company, and attempt to negotiate settlement considering your damages and policy coverage.
- Arbitration: Some insurance policies contain a provision that requires arbitration of a dispute between the insurance company and the insured. Arbitration is a procedure for resolving disputes by use of neutral, private individual (arbitrators) as an alternative to a lawsuit, and it often is a cheaper and faster method of resolving contract disputes as compared with a court proceeding. This procedure usually is not available unless specifically stated in the policy or unless the insurance company and policyholder mutually agree to submit their dispute to arbitration.
- Small Claims Court: This option is only available if a claim is below the stated maximum amount. For example, the amount for Nevada is $10,000 starting October 1, 2015. The documents that you have already pulled together for your negotiations can serve as documentation in court including any policy reports and accident photos. Remember however, once you are awarded a settlement in small claims court, it is final.
If none of these options above work, your Henderson personal injury attorney can file a lawsuit against the insurance company and get you the money you deserve. Lawsuits should only be used as a last resort, and with the advice of a licensed attorney. A car accident attorney can also sue the party responsible for your damages and injuries. Remember the state has a specific Statute of Limitations for each case, so don’t hesitate to contact an attorney for a FREE Consultation.