When Should Denial of Your Injury Claim Lead To Legal Fight?

The accident injury victim that seeks compensation from an insurance company risks the chance of being denied that same money. The reason for the denial can take several forms.

Possible claims made to support a denial of coverage

• The other driver has no insurance policy.
• The other driver’s insurance policy has lapsed.
• The insurance policy does not cover that type of accident.
• The insurance policy does not cover an accident in that location.

In some states, the victim might be told that the state’s no-fault insurance system prevents the making of a 3rd party claim.

Subtle ways that victim of accident might be denied coverage

• Victim is told that a check is coming, but it never shows up in the mailbox.
• An insurer refuses to negotiate; the adjuster stays with the initial lowball figure.

Steps to take if you are denied coverage by your own insurance company

Let your personal injury lawyer in St. Catharines ask the adjuster for a written explanation of the decision. Include in the letter mention of what part of the policy was used as the basis of the company’s decision. This can be done over the phone.

If you do not receive the requested letter, you will need to compose your own letter to your insurance company. In that written communication, you should offer the details about your past communications with the adjuster. Make the adjuster’s decision clear. Make copies of this document, before mailing one copy. If you get know response to that letter, you have reason to consider taking legal action.

Steps to take if the other party’s insurance company has denied coverage

Ask for a copy of the other driver’s insurance policy. This can be done over the phone. If you do not receive a copy, write a letter to that insurance company. Explain what you have requested and make it clear that both your injury claim and the request have been denied. Make several copies of this letter, before you send one to the other party’s insurer. If you get no response to that letter, then you might care to consider the wisdom behind taking legal action.

Steps to consider before taking legal action

Make sure that the adjuster has not indicated a desire to begin negotiations. Review the facts pertaining to the accident. Give serious thought to the other parties that were present at the scene (or had their product present at the scene). Think about which of those same parties might be held responsible for your accident-related injuries.

Consult with a lawyer. Look for one that specializes in personal injury cases. Be clear about the arrangements for the lawyer’s contingency fee. Share with your chosen attorney the copies of the letters that you have made.

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