How to Appeal a Denied Car Accident Claim

Dealing with the insurance company after a car accident is one of the worst parts of a car accident for many people, second to your injuries. Negotiations can be stressful, but what about when insurance companies deny your claim outright? An experienced Chicago accident lawyer from Taxman, Pollock, Murray& Bekkerman, LLC knows how challenging it can be to ensure you get the compensation you deserve. When you face a denial, you need experienced representation to help you appeal or take escalated legal action.

Common Reasons For Car Accident Denials

An insurance provider may deny your Chicago car accident claim for many reasons. Some may be valid, but you may often have success recovering compensation if you appeal a denial. Some of the more common reasons you may face a denied claim include:

• The insurance company is disputing their liability
• The type of claim you file is not covered by the policy
• The policy lapsed at the time of the accident, leaving the driver uninsured
• The responsible driver was intoxicated or driving with an expired license
• The responsible party has not notified the insurance provider of the accident
• You failed to file a claim within the appropriate deadlines

Some denials, like those where the policy was inactive for the accident date, may stick. In this situation, you may have recourse through your own uninsured or underinsured motorist coverage or seek compensation directly from the individual in a personal injury lawsuit. However, some cases, such as an accident while the driver was drunk, may still be covered under the policy guidelines. In these situations, you may have more success in your appeal.

How to Appeal a Car Insurance Claim Denial

Many legal professionals will advise you to get an attorney as soon as the accident happens, but if you don’t do it, then after a denial, it is another excellent time to seek legal representation.

If your case claim was denied, you have a few options for recourse. The first is often a written appeal. The insurance provider will often have their own process for appeal, but the information they require is often similar. This may include the details of your case, including any evidence you have and why you think your claim should have been accepted.

Bad Faith Practices

If you find the denial was illegal, negligent, or otherwise problematic, you may have the option of filing a claim against the insurance company for acting in bad faith.  Bad faith actions listed in the Illinois General Assembly Codes include taking an inappropriate amount of time to respond, failing to provide reasonable settlement amounts, or failing to conduct a reasonable investigation into the accident.

Part of the complaint process may still include some kind of mediation or arbitration session regarding a settlement amount. If you work with an attorney, they may look at the insurance policy and legal requirements in Illinois to determine where the bad faith action occurred. They may also conduct an independent investigation into the accident to present an argument for your right to compensation.

Civil Lawsuit

If you are unsuccessful in your appeal efforts through writing or filing a bad faith claim. You may choose to move on to a civil lawsuit. At this stage, you take your case in front of a judge and allow them to make a determination on whether the company is responsible for paying your claim and, if so, how much.