Posts on this site may contain sponsored content, paid link placements, or affiliate links. I may earn a commission or fee if you click a link or purchase through these recommendations at no additional cost to you.
In San Diego, when you are involved in a motorcycle accident, and you suffer personal injuries due to someone else’s fault, you can sue the insurance company if they delay or refuse to pay the claim amount. But before you do that, you need to know why the claim was denied and what you can do to get the compensation amount.
Why did the insurance company deny your claim?
There are various reasons insurance companies may deny your claim. The most basic reasons used as follows:
- Lack of coverage
The insurer states that the claim does not cover your policy. Upon review of the policy, details of your policy coverage can be clarified.
- There is an error in the application
If the insurer finds any misinterpretation in your application, it will not clear the claim made.
- Claim error
Often, the insurance company has a specific time or notification requirement for a claim, which can be as short as 24 hours. If you fail to meet these deadlines, your compensation will be denied.
- Fraud claim
Submitting false or exaggerated claims is illegal, which can lead to civil or criminal consequences.
When can you sue the insurance company?
An insurance company must follow the policy’s specific terms and act in good faith. They must avoid unfair trading means, and you can sue them for any violation. Certain specific duties tend to vary from state to state. So, here are the everyday obligations such as –
- Conduct investigation adequately and promptly.
- It should be paid in cases where the liability is reasonably straightforward.
- It should be approved or denied within a reasonable time frame
- There should be a proper explanation for claim denial.
If you find the insurer improperly denied your claim, you must go for legal options. Take help from a motorcycle accident lawyer San Diego who can represent your case in court.
What are the legal actions you can take against an insurance company?
Every state has a specific type of lawsuit you can bring against the insurer. Now, let’s explore the kind of legal actions that can be taken against insurance company:
Damages available
The insurance attorney should properly explain the type of damages available, which enhances your chances of success. You can easily see that compensatory damages are typically available compared with punitive damages, as certain restrictions are made by state law or the court.
How do you sue the insurance company for a denied claim?
If you are preparing to sue your insurer, then you must prepare properly and get all the detailed records, such as –
- You must have all the documents corresponding to the insurance company and its representative.
- Keep copies of emails and phone conversations and mention the date and name of the representative.
- Present receipts and pictures. You must maintain a strict record of the insured’s policy.
- You have to keep track of all the expenses related to your claim, including healthcare costs, attorney fees, repairs or lost wages.
Summing it up
While selecting an attorney, you must look at their experience and whether they have a competitive background to handle complex and time-consuming cases. They can help you through the process and get a fair settlement.
