A denial letter from your insurance company does not have to be final. The insurance company may be wrong, and your claim may be valid.
Did your insurance company deny your claim? Do you think your policy covered your loss or claim? Call a claim denial lawyer in Florida at the Law Offices of Anidjar & Levine at 800-747-3733 for a free consultation.
Determining Why Your Insurance Company Denied Your Claim
You file a claim under your automobile insurance, your homeowners insurance, your health insurance, or business insurance policy. Here is what should you do if your insurance company denies your claim:
- Find out why the insurance company denied the claim. The insurance company should send you a letter stating the reason. If the insurance does not send a letter or the letter does not include the reason, call and ask for an explanation.
- Try to reconcile the problem with your insurance company.
- Find your policy. The insurance company may be relying on a particular clause that you did not know existed.
- Call our attorneys. You need someone to join you in your battle against the insurance company. Our attorneys will investigate your case and let you know if you have a valid claim.
If your insurance company denies your claim, call a claim denial lawyer at the Law Offices of Anidjar & Levine. You paid your premiums to have coverage when you need it, and our attorneys are ready to challenge any wrongful attempt to deny your coverage.
Reasons the Insurance Company May Deny Your Claim
The insurance company could rely on several things to deny your claim. Some may be valid, some may be debatable, and some may not be legitimate at all.
Exclusions in Your Policy
Your insurance company may say your insurance policy excluded your loss or claim. Some exclusions are straightforward. For example, a policy will exclude earthquakes and flooding unless you pay extra for your insurance. Other exclusions are not as explicit. We will read your policy carefully to determine whether your insurance company should have paid your claim.
Blaming You for the Damage
A storm may destroy your roofing. The insurance company may claim you had pre-existing damage to your roof that caused it to collapse. Our attorneys can help your present evidence that you are a responsible homeowner and take care of your property. We will investigate your case to show the storm, not any pre-existing damage, caused the roof collapse.
Questioning Your Injury
An insurance company may deny your claim for a medical expense under an automobile insurance policy on the basis that you were not injured. For example, you may not have visited a doctor immediately after the accident. Our attorneys can gather documentation from your doctor to show you suffered an injury and that the accident caused your injury.
Insufficient Evidence of Your Claim
Your insurance company may deny your claim because you submitted insufficient evidence of your loss. Our attorneys can help you gather documentation and photographs to support your claim.
Misrepresentation on Your Insurance Application
Your insurance company may say you made a misrepresentation on your insurance application. For example, you stated you had no prior heart or other health problems, or you stated that you had no preceding fire insurance claims. Our attorneys can show these to dispute the insurance company’s allegations:
- You misunderstood the question.
- You thought you were answering the question correctly.
- The insurance agent filled out the application.
The insurance company must show you intentionally misrepresented or failed to disclose a fact. The insurance company must show that the misrepresentation was material to its decision to issue the policy. Our attorneys can help you refute the insurance company’s misrepresentation defense.
Failure to Pay Your Premium
The insurance company may base its denial on your failure to pay your premium. Our attorneys can help you show that you paid the premium, but the check never reached the insurance company. You may have sent your premium to the wrong address at the direction of the insurance company.
Failure to Follow Policy Requirements
Your insurance company may deny your claim because you failed to follow the requirements of your policy:
- Your insurance policy will give you so many days to file a claim, for example, 90 days after the event triggering your coverage.
- Your health insurance policy may require you to get preauthorization for a medical procedure.
- Your health insurance policy may require you to get a referral from a physician before getting certain treatments.
If your insurance company denies your claim, contact a claim denial lawyer at the Law Offices of Anidjar & Levine for help. Our lawyers will determine if the insurance company has a legitimate reason to deny your claim.
Challenging the Denial of Your Insurance Claim
Your insurance policy allows a process for you to appeal the insurance company’s denial of your insurance claim. Contact our lawyers to help you make an effective appeal. We can help you gather documentation and photographs to support your claim.
If your appeal is unsuccessful, our attorneys can file a lawsuit against the insurance company. Your policy limits the amount of time you have to file a lawsuit. The policy may only permit a year to file a suit. Contact our lawyers now, so we can start preparing your case.
If your insurance company has no legitimate reason for denying your claim, our attorneys can file an insurance bad faith claim. If your insurance company acted in bad faith in denying your claim, you can recover the following:
- The amount of your claim
- Financial losses caused by the bad faith denial of your claim, such as court costs and reasonable attorney fees
- Your emotional distress caused by the bad faith denial
- Punitive damages, damages intended to punish the wrongdoer, if the insurance company’s action was willful and malicious or if the insurance company acted in reckless disregard of your rights
If your insurance company wrongfully denied your insurance claim, call a claim denial lawyer in Florida at the Law Offices of Anidjar & Levine at 800-747-3733 for a free consultation.
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