Nothing can be more frustrating than to feel like your auto insurance company, who you pay each and every month, isn’t treating you fairly. So, you’re injured in a car accident, you file a claim with your insurance company, and they unreasonably or mistakenly deny your claim. Is there anything you can do? In short, absolutely! However, as with almost every issue which involves the law and insurance, the facts of your case will dictate exactly what can be done and it is recommended that you contact an experienced attorney to discuss those facts in order to determine the best course of action. Some of those facts which can influence what rights you have include:
- What type of claim did you file/submit?
- Was your claim properly submitted?
- How was your claim handled?
- Why was your claim denied?
Duties and Obligations of Your Insurer
It’s important to remember that your contract of automobile is a two-way street where both you and your insurance company have duties and obligations. Surely you are very familiar with your obligation to pay your insurer each and every month. Assuming that you uphold your end of the contracted bargain, the insurance company must uphold their end as well, no matter how little they would prefer to pay. Some of the duties your insurer must obey include:
- The duty of good faith and fair dealing (which also applies in deciding whether or not to pay a claim)
- The duty to process a claim submitted by its insured in a timely and reasonable manner
- The duty to pay benefits due/owed under the contract of insurance
Common Reasons for Claim Denial
- Policy expired, lapsed, or cancelled
- Word versus word in an accident (or lack of evidence supporting your claim)
- Damage is not covered by the policy or exclusions apply
What Can Be Done?
Again, what can be done in the case where a claim has been wrongly denied or unreasonably handled depends on the facts or your situation. Generally, even the denial of a claim may not prevent you from recovering money you are entitled to receive due to your contract. Some options you may have, even after your insurance company has denied your claim, include:
- Having the claim re-opened
- Having the denial overturned
- Filing a lawsuit
Contact Us Today!
To speak with someone with knowledge and experience in this area, contact Rankin & Rankin Law Firm. Schedule a FREE CASE EVALUATION by calling 843-248-2405 or through our contact page.
Rankin and Rankin Law Firm is located in Conway, South Carolina and serves the entire Lowcountry area including Horry County, Myrtle Beach, Georgetown, Charleston, and Hilton Head, SC.