Was your personal injury claim denied? The experienced San Bernardino personal injury lawyers at LA Century Law explains how it may still be possible for you to recover money.
Can You Still Recover Money if Your Personal Injury Claim Is Denied?
It may still be possible to recover money if your personal injury claim is denied. First, insurance companies are notorious for wrongfully denying claims, especially if a party is not represented by an attorney. However, California is a “comparative fault” state, which means that even if you are 99% responsible for the crash, the insurance company should compensate you for the 1% you are not at fault.
Further, the insurance company may reconsider and decide to pay the claim later once new facts are discovered or new information is provided to the insurance company. It is up to you or your attorney to make sure the insurance company has all the information to evaluate the claim. The insurance companies are always looking for ways to deny the claim, so do not give them that excuse. But even if they don’t provide compensation, you can pursue your case through a lawsuit. There are times when the insurance company is wrong to deny a claim. There are even laws against this type of conduct by an insurance company referred to as “bad faith.” If that’s the case, and you pursue your personal injury claim correctly, you may recover a monetary payment. Other times, taking additional steps to pursue compensation is unlikely to be successful. This is why it is so important to have the right attorneys represent you.
Generally, good attorneys will make sure no stone goes unturned and retain the proper experts to help prove your case.
What about in my case?
Contact LA Century Law for a free consultation about your specific claim.
How Can You Still Recover Money if Your Personal Injury Claim Is Denied?
You can still recover money if your personal injury claim is denied. This is possible because a court can order the defendant, through the insurance company, to pay.
Imagine if the insurance company had the final say—there would be no reason they would ever approve a claim. But a personal injury is a legal right to compensation and not simply an insurance claim. If you prove your case in a court of law, the defendant or responsible party, through their insurance company, can be ordered to pay even if they don’t want to.
How Can You Still Recover Money After a Personal Injury Claim Rejection?
There are three ways you may still recover money after a personal injury claim rejection.
Reconsideration/internal appeal
You may submit more information to the insurance company or ask them to reconsider.
The insurance company isn’t going to change its mind in an act of kindness. Instead, you must explain why they should pay. You must make it clear that you are willing to pursue your compensation through legal action.
Legal action, followed by a settlement
There are times when it’s necessary to file a formal legal claim, taking the insurance company or the responsible party to court.
They must respond to the demand for compensation, or they will be responsible by default. Sometimes, taking this step prompts the insurance company to agree to file the claim.
Legal action, followed by a trial
You may take your personal injury claim to trial. At trial, the judge or jury decides if you will recover money.
Why Do Personal Injury Claims Get Denied?
Personal injury claims get denied when the insurance carrier decides the following:
- They’re not responsible for paying compensation because their client is not legally at fault for what happened.
- They’re not responsible for paying compensation because the insurance policy doesn’t cover it.
- If they don’t pay compensation, you’re unlikely to take the next steps to pursue it.
Remember, the insurance company wants to pay as little as possible. They’re not looking for a reason to approve your claim; they’re looking for a reason to deny it. If the insurance company can find a reason to say no, it may reject your claim. They hope that you’ll give up.
Common Insurance Company Tactics To Watch For
- Not having a good explanation for why the claim is denied
- Asking for more and more information
- Pressuring you into a quick settlement before you know what your claim is worth
- Getting a recorded statement to look for inconsistencies later
- Misinterpreting policy language
- Telling you that you don’t need a lawyer
- Insisting on accessing invasive medical information
- Downplaying your damages
- Awarding only economic compensation, ignoring non-economic damages that should be covered
- Failing to return your calls or advance your claim
Steps To Take Immediately After a Denial
If your personal injury claim is denied, keep any paperwork or emails you receive.
Carefully review the reasons given. Stop and gather your thoughts—you want your response to be thoughtful and strategic.
Evaluate the issues and determine the next appropriate step.
Appealing a Denied Personal Injury Claim in California
In California, appealing a denied personal injury claim often starts with asking for an internal review. This tells the insurance company that you are unhappy with its decision.
You’re asking them to reconsider, and you may provide new information.
Generally, this is done by submitting a letter to the insurance company, summarizing the basis for the claim and demanding compensation.
A lawyer can help you appeal a denied personal injury claim with a demand letter. The letter should strategically provide information without giving away your legal strategy.
If the decision doesn’t change, or if the insurance company doesn’t respond, it may be appropriate to file a lawsuit.
When To Consider Filing a Lawsuit After a Denial
It may be appropriate to file a lawsuit after a denial if:
- The denial is unreasonable. Your compensation should be paid under the terms of the policy.
- There is a reasonable likelihood of success. If you pursue your legal case, there is a good chance that you will be successful.
- You want to pursue the case. Weighing the pros and cons, you decide that you want to proceed.
A lawyer can help you with legal advice about likely case outcomes. Don’t wait to contact a lawyer—there are time limits to taking formal action.
How a Personal Injury Lawyer Can Help Reopen Your Case
A personal injury lawyer can help reopen your case by:
- Investigating whether you can still recover money after your claim was denied.
- Gathering additional information to present when asking for reconsideration.
- Drafting and submitting a demand letter.
- Filing a legal compensation claim.
- Complying with deadlines and legal procedures.
- Negotiating your compensation.
- I will advise you throughout the process.
Contact an Experienced San Bernardino Personal Injury Lawyer
At LA Century Law, we’ve recovered millions in compensation for our clients. You may still qualify to recover money if your personal injury claim is denied. An experienced San Bernardino personal injury lawyer can help.
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