What Should You Do if Your Insurance Wrongfully Denies Your Benefits?

For many of us, insurance provides peace of mind. You rightfully assume that if you pay your premiums each month, your insurance company will provide coverage. Unfortunately, insurance companies don’t always hold up their end of the bargain as required by their policies. This can come at a tremendous shock when you’ve been injured and are struggling to put your life back together.

The Knoxville insurance lawyers at the Barnes Law Firm help people fight back. We have the knowledge and experience you need to get the coverage you paid for. More importantly, we know how to get results. If your insurance company has denied your claim, don’t take “no” for an answer – call the Barnes Law Firm at 865-805-5703 or reach out online to schedule a free consultation and discuss how we can help you.

Find Out Why They Denied Your Claim

If your claim has been denied, the insurance company is obligated to tell you why they denied your claim. If they explained why over the phone, make sure that you get it in writing. They may have provided you with a written explanation in some paperwork that is nearly impossible for laypeople to understand, so don’t hesitate to ask them precisely where in their documents they explain the reason for denying your claim. Here are some common reasons for denying coverage:

Failure to notify

Your policy most likely requires you to report your accident within a reasonable period of time. Most insurance companies interpret this to require you to report the accident immediately after it happened. They will use any delay in reporting as a basis for denying your claim.

A lapsed policy

Your insurance company can deny your claim if you failed to pay your premiums.

Policy exclusions

Every insurance policy contains a number of situations where they expressly state they will not provide coverage. For example, you may not be covered if you use your personal vehicle if you are in an accident while driving for Uber.

A Liability Dispute

Disputed liability is the most common basis for denying your claim. The insurance company may believe that you caused the accident or try to argue that your injuries and other losses were not caused by the accident.

Understanding the basis for your denial will help you determine how to proceed going forward. If you decide to hire an attorney, the basis of your denial will help them shape their legal strategy for challenging your denial.

Appeal the Denial

Your insurance policy will provide you with a right of appeal. In fact, your policy may require you to appeal your decision before you can do anything else. Unfortunately, the appeal process may not be easy to figure out. Failing to follow the appeal procedure or missing a deadline could be fatal to your claim.

You are not obligated to hire an attorney to appeal the denial of your claim. Keep in mind, however, that the denial of your claim was likely vetted by the insurance company’s lawyers before it was communicated to you. Hiring your own attorney can level the playing field – they can help in the following ways:

  • Your attorney can identify key facts that support your claim.
  • Your attorney can assemble whatever documentation is needed to support your claim.
  • Your attorney can read and understand your policy, and explain to the insurance company why coverage should be provided under the clear language of the policy.
  • Your attorney will know the law and how it applies to your case.

Hopefully, your appeal will be successful, and your claim will be covered. If not, the next step may be to go to court.

Has Your Insurance Company Denied Your Claim in Bad Faith?

An insurance policy is essentially a contract between you and the insurance company. You agree to pay premiums, and in return, they agree to cover any injuries, damages, or other losses. An insurance company acts in bad faith when it denies claims without a reasonable basis. When an insurance company denies your claim in bad faith, they are refusing to provide the coverage you paid for under the contract.

Claiming that your insurance company has acted in bad faith is a very serious claim. In addition, bad faith claims are very complex and difficult to prove. You can be certain that your insurance company will be able to articulate a basis for their denial. Demonstrating that their denial is unreasonable can be extremely challenging for non-lawyers.

Consider a Bad Faith Lawsuit

If you suspect that your claim was denied in bad faith, the best thing you can do is discuss your case with an experienced bad faith insurance lawyer. They can evaluate your case and help you understand your options.

If your attorney believes that your insurance company has acted in bad faith, the next step is to file a lawsuit against the insurance company demanding that they pay your claim. Note that if you decide to pursue this course of action, this lawsuit would be a separate matter from any other claims you may pursue in connection with your accident.

Has Your Claim Been Denied? Call the Knoxville Insurance Lawyers at the Barnes Law Firm

If you’ve been denied coverage, the best thing you can do is to speak with an experienced insurance lawyer as soon as possible. The insurance lawyers at the Barnes Law Firm help people in the Knoxville area fight back against their insurance company so that they can get the benefits they need to rebuild their life. Aggressive and dedicated, we will fight for your rights and hold your insurance company accountable. If you’d like to schedule a free consultation with one of our attorneys, call us at 865-805-5703 or contact us online to discuss your case and how we can help you.