Personal injury cases can be stressful and exhausting. You’ve suffered an injury as a result of someone else’s negligence, and you just want to be compensated for your troubles. However, there are times when insurance companies deny claims, leaving you feeling helpless and uncertain. But don’t give up just yet. In Louisiana, you have options.
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Understanding First-Party and Third-Party Insurance Claims
Before exploring your options, it’s essential to understand the two types of insurance claims: first-party and third-party claims.
First-party claims are made with your own insurance company. For example, if you have a car accident and you have collision insurance, you file a claim with your insurance company. Since you pay your premiums, your insurance company is obligated to help you recover for your damages.
Third-party claims, however, are made against someone else’s insurance company. For example, if someone causes a car accident that injures you, you can file a claim with the responsible person’s insurance company.
It’s important to note that insurance companies have a duty to investigate and settle the claims they receive. Still, if they deny your claim, you have options.
Reasons Insurance Companies Deny Claims
There are several reasons why insurance companies deny personal injury claims. Some of the most common reasons include:
- You didn’t file your claim on time.
- Your injuries aren’t covered under the policy.
- The insurance company believes you were at fault.
- The insurance company thinks your injuries were pre-existing.
- You didn’t provide enough evidence to support your claim.
What To Do If Your Claim Is Denied
If your personal injury claim is denied, don’t panic. Here are several options you can explore:
Option 1: Appeal the Denial
The first step is to appeal the denial with the insurance company. You can do this by providing additional evidence to support your claim. Make sure you understand your insurance policy, gather all relevant documents, and provide a well-argued request for the insurance company to reconsider.
Option 2: File a Complaint with the Louisiana Department of Insurance
If you’re not successful with the insurance company, you can file a complaint with the Louisiana Department of Insurance (LDI). The LDI is a state agency that’s responsible for regulating the insurance industry in Louisiana. You can file a complaint online or by phone and provide all the supporting documents.
Option 3: File a Lawsuit
If all else fails, you can file a lawsuit against the responsible party in court. You can recover damages for your injuries, lost wages, and medical bills. It’s recommended that you hire an experienced personal injury attorney in Louisiana to help you navigate the legal system.
How A Personal Injury Attorney Can Help
If you’re dealing with a denied personal injury claim, it’s best to hire an attorney experienced in Louisiana personal injury law. A personal injury attorney can help you:
- Understand your insurance policy.
- Collect and organize evidence.
- Properly file complaints and appeals.
- Negotiate with insurance adjusters.
- Represent you in court.
Conclusion
Dealing with a denied personal injury claim can be frustrating and overwhelming, but remember that you have options. Whether through an appeal, filing a complaint with the Louisiana Department of Insurance, or filing a lawsuit, you have the right to seek compensation for your injuries. An experienced Louisiana personal injury attorney can help you navigate your options and get the justice you deserve.