Did the insurance company deny your car insurance claim? It would not be the first case. However, you should not accept their denial easily. It is in your best interest to consult an Indianapolis car accident lawyer. In order to avoid paying a car accident attorney, Indianapolis claimants often choose self-representation. This is rarely a viable strategy.
On their own, they make mistakes in preparing and justifying their car insurance claim. Insurers take advantage of those mistakes to deny their claims. However, the insurer’s denial should not be enough for any claimant to give up their right to compensation.
On the contrary, they should discuss their car insurance claim with a car accident lawyer. Denied car insurance claims are easy to appeal. The process starts with requesting the insurer to reconsider their decision. It can continue with a complaint with the Indiana Department of Insurance, and even with a lawsuit. Settlements remain a viable option throughout all these stages.
With the help of a car accident attorney, Indianapolis residents may succeed in proving that:
- They followed Indiana laws and regulations regarding car insurance claims.
- Their claim was justified and the compensation they requested was fair.
- The insurer acted in bad faith when they denied their claim.
Indiana law prohibits unfair claim settlements and denials. If you believe the defendant to your claim acted in bad faith, reviewing the code section in question may help.
Unfair Car Accident Car Insurance Claim Denial and Settlement Practices under Indiana Laws
Indiana Code § 27-4-1-4.5 lists the practices for unfair claim settlements. Here is their brief overview:
- Misrepresentation of facts and policy provisions regarding the claimant’s coverage
- Failure to adopt and implement fair standards for claim investigations
- Failure to acknowledge and act promptly on communications referring to claims
- Refusal to honor claims without properly investigating them
- Failure to respond to claims within a reasonable time from their substantiation
- Failure to offer a prompt and fair settlement for claims where liability is reasonably clear
- Making litigation necessary by offering amounts much lower than the claimant ultimately recovered
- Attempt to settle claims for less than what adverts and application forms promise
- Attempt to settle claims based on applications altered without the insured’s knowledge or consent
- Failure to accompany payments to claimants by a statement mentioning the applicable coverage
- Use of the right to appeal arbitration to compel claimants to settle for less than arbitration awarded
- Delay of investigation and payment by requiring repeat submission of the same information
- Failure to settle under one coverage portion to influence settlements under other coverage portions
- Failure to reasonably explain a claim denial or a compromise settlement offer
- Wrongfully ascribing fault to the claimant when the facts suggest otherwise.
An experienced car accident attorney in Indianapolis will easily recognize any of these practices. Most importantly, they will never accept a claim denial without thorough justification. If the defendant denied your claim, the first thing you should do is contact a car accident attorney.
How Can an Indianapolis Car Accident Lawyer Help with Your Car Insurance Claim Denial?
They will review your claim and the insurer’s denial, and identify the best course of action. Depending on the case details, they may suggest any or all of the following:
- Adding more evidence to support your claim
- Requesting additional explanation from the insurer regarding their denial
- Filing an appeal with the insurance company and having a claims supervisor review the claim
- Complaining with the Indiana Department of Insurance and denouncing the insurer’s bad faith practices
- Filing a civil lawsuit and seeking compensation from the insurer in court
- Using the insurer’s denial to file a claim under your own uninsured motorist coverage.
Of course, all these procedures take time and knowledge you may not possess. Depending on how long you waited before filing your compensation claim, time may work against you. Working with a car accident attorney in Indianapolis is a great way to save time, money, and effort. Of course, it is important to choose an experienced, knowledgeable, and reputable attorney.
Schedule a Consultation with a Rowe & Hamilton Car Accident Attorney in Indianapolis!
If the insurance company denied your car insurance claim, don’t panic. They are simply defending their interests. We are here to help you defend yours. Call 317-482-7888 now, and let a Rowe & Hamilton Indianapolis car accident lawyer review your case. They will teach you how to turn that claim denial into a favorable settlement!