Your Insurance Carrier May Deny Your Claim, But it Can’t Deny Your Legal Rights.
Have you recently been involved in an auto accident?
You’ve been paying your auto insurance premiums on time and expect that in return your insurance company will treat you with respect and pay your claims promptly. You pay premiums to get coverage, not the run around, or to have your claims denied for no good reason. You feel angry, cheated and you’re left holding the bag, paying for damages caused by the accident, for medical bills and other related costs. It’s draining you of money needed to pay other bills.
Our experienced insurance claims lawyers can help. We have handled hundreds of vehicle accident cases and have the experience and know-how to handle insurance claim delays and denials. We can provide you with the legal guidance and representation you need to show the insurance company it should take your claims seriously and live up to its obligations.
Why was your insurance claim denied?
If your claims have been denied, the first thing you need to know is why. An insurance company can’t just invent a reason to deny a claim to avoid spending money. It has statutory and contractual obligations to comply with, including providing you with this information. There could be many valid reasons for an insurance claim denial, including:
- Your policy may have lapsed.
- The insurance company found evidence it believes shows your claim is fraudulent.
- What you’re seeking would have been covered by optional coverage you chose not to pay for.
- The amount of money you’re seeking is more than the coverage limits.
Your insurance company may also just be trying to save money and failing to do its job – paying genuine claims for an accident covered by your policy. As friendly as your insurance claims adjuster may be, he isn’t on your side.
- He works for your insurance company and is more likely to side with it.
- The adjuster may be under pressure to limit claims.
- The inspection of your vehicle may not be thorough enough.
- The adjuster may be untruthful in their reporting to help the insurance company pay you less or deny your claim completely.
Insurance claims and “vexatious refusal”
Depending on the facts of your case, we may be able to help you with Missouri’s equivalent of a “bad faith” complaint against your insurance company, known as a “vexatious refusal” lawsuit.
- This type of legal action claims your insurance company denied your claim in bad faith (without a valid reason).
- Under Missouri law, a plaintiff would need to prove his or her case by showing evidence that “it appears from the evidence that such company has refused to pay such loss without reasonable cause or excuse….”
- Even if your claim wasn’t denied completely and you received some compensation, a bad faith complaint could be used to recover additional funds that may be owed to you.
Not every claim denial is made in bad faith; and the plaintiff has the burden of proving a decision was so unfair it broke the law, which, depending on the facts, could be difficult. This is why having the help of a skilled insurance claims attorney can make all the difference in the outcome of your case. A common claim in a bad faith lawsuit is that the insurance company failed to adequately investigate the accident and, as a result, could not fairly and accurately reach a decision.
Coming to that conclusion can require an extensive fact-finding into the accident and how it was investigated. An expert witness will be needed to testify on what the insurance company should have done, but didn’t. Each case is unique, so your attorney will need to work with you to review the details of your case and determine the best course of action.
Contact our Missouri insurance claims attorneys today.
If you believe you’re being treated unfairly by your insurance company, it’s important to consult with an insurance claims lawyer sooner rather than later so you can have the best chances of a recovery. At Bley & Evans Trial Attorneys, we are happy to offer a free initial consultation so we can discuss your case and help you decide on the proper course of action to protect your rights and interests. From there we will work tirelessly to guide you through the often complicated legal process, spearhead your case and work toward a fair recovery following your auto accident.
To schedule your free consultation or to find out more about our practice, contact our office at 844-443-8385.