Firm-Wide blog

What to Do When Your Insurance Claim is Denied

By Burg Simpson
December 21, 2018
4 min read

The one thing you should be able to count on after you have been involved in an auto accident is that your insurance company will pay your claim quickly. The State of Colorado requires drivers to carry car insurance, and if you have been diligently paying your premiums only to have your insurance claim denied after an accident, this can quite literally add insult to injury.

Insurance companies are often reluctant to pay claims, and they often do so despite the laws that compel them to pay. Insurance companies are much more likely to delay the process much longer than is necessary, and then offer you a settlement that is much less than what you are actually owed.

If you are involved in a dispute with an insurance company – whether it’s your own or the other party’s– you do not have to put up their stalling tactics. Let us help you. Call Burg Simpson to speak with an experienced personal injury attorney and allow us to deal with the insurance company for you. We have the experience, reputation and the resources to fight for your rights.

Why You Might Have Your Insurance Claim Denied or Delayed

There are a number of reasons your insurance company might hold up or deny your claim:

  • You denied treatment at the scene of the accident and/or failed to get treated as soon as possible afterward.
  • You filed a claim for a pre-existing medical condition.
  • The insurance company decided that the accident was avoidable.
  • Medical records did not reveal an injury following the accident.
  • You shared some part of the blame for the accident, which could limit the amount of the claim.
  • You didn’t provide enough evidence of an injury following the accident.

It doesn’t matter how you have been injured, whether it’s been a motor vehicle accident, a dog bite, or a slip and fall, it is critical that you get medical attention as quickly as possible.

You Still Have Options

If you have had your insurance claim denied or delayed, you still have options for securing compensation for your injuries. If you pursue litigation, there are typically one of two ways you can fight for your rights:

  • Breach of Contract. When you bought and signed an insurance policy, you entered into a contract with that carrier. A wrongful claim denial could be grounds for a breach of contract lawsuit. The suit could be brought on the grounds that the insurance company breached its contract with you by not doing something it already agreed to do – pay your claim after a loss. If a judge or jury decides the insurance company did, in fact, breach the contract, you could be compensated for your injury claim and might even be awarded damages that occurred as a result of the original denial.
  • Bad Faith. Your other option could be to file a bad faith claim, especially if you believe your insurance company failed to treat you reasonably and fairly. This can happen if they take too long to pay your claim or fail to investigate it properly. In a bad faith case, the insurance company could be held responsible for intentional infliction of emotional distress or fraud, and you could be eligible for punitive damages.

If you have been seriously injured in an accident that was someone else’s fault, and their insurance company has denied your claim or is delaying payment, don’t make the mistake of trying to handle this issue by yourself. We can help you. Call a Denver injury lawyer at Burg Simpson as soon as possible by calling Burg Simpson Colorado at 303-792-5595 or fill out our Free Case Evaluation form to speak with us right away.

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