Have You Been Injured?
Get Your Free Case Review

How To Deal With A Denied Personal Injury Claim in South Carolina

Man Showing Stop Sign Stock Photo

After suffering a serious injury, it’s likely that you’ve filed a claim with your insurance company. Unfortunately, even if the type of injury you’ve suffered should be covered by your insurance, it’s possible that your claim will be denied. An injury claim denial can be a very stressful event, leaving you without the financial support that you need to help you recover from your injury.

If your claim has been denied, you need to take immediate action to fight the decision so that you can receive your deserved compensation. Learn how you should respond after a personal injury claim denial and find out why you need to hire a personal injury lawyer to fight for your claim.

Research the Denial

The first thing to do after your claim has been denied is to research your insurance policy. Many policies are very long, and hidden among the pages are policy exclusions. Exclusions are types of injuries and conditions that are not covered by your insurance policy and may be the cause of your denial.

Read the denial letter and pay close attention to the reasons given for your claim being denied. Now, compare the denial letter to your insurance policy. If you find that you’ve suffered a wrongful denial and that your injury should have been covered, fight the decision.

Dispute the Denial Via Mail

If you find that your denial letter contains false information, is unclear or contains mistakes, then you should dispute the denial with your insurance company. The best way to do this is to send your insurer a letter disputing the denial. Make sure that your letter is short and direct. Include the information you’ve found that shows the denial was incorrect and that your injury deserves compensation.

After your insurer receives your letter, they may request arbitration. This is a provision of most insurance policies and is standard when fighting a claim denial. However, never agree to or attend an arbitration without a personal injury lawyer on your side. A good lawyer will understand the tactics your insurance company will use and will be able to fight for your rights.

Suing the Insurance Company

Your insurer may delay responding to your dispute letter in the hopes that you will abandon your claim. It is also possible that they will respond in an unsatisfactory manner. If either of these situations has happened during your claim dispute, you may need to file a lawsuit to receive your deserved compensation.

There are generally two reasons to sue an insurance company after they’ve denied your claim: breach of contract or acting in bad faith. When you sue for breach of contract, you’re claiming the insurer failed to uphold the terms of your policy. With a bad faith lawsuit, you are stating that your insurance company failed to treat you reasonably or fairly. This can include not investigating your claim fully or intentionally denying a claim that was valid.

Consult with a Personal Injury Lawyer

Before you file a lawsuit against your insurance company for a wrongful claim denial, you need to consult with a personal injury lawyer from Harris & Graves, P.A. The lawyers at Harris and Graves have experience dealing with insurance companies and will know the best way to fight your claim denial and win the compensation you need.