Many victims in Westchester County may not know what steps to take after their insurance company denies their claim. While some claim denials are a simple mistake, others are the product of bad faith.
Fortunately, victims might be able to sue their insurance company if their claim was unfairly denied or the insurance company was in breach of contract. However, there are other methods to fighting a claim denial that can be much less challenging than a lawsuit. Regardless of which route you choose, our Westchester County attorneys for insurance claim denials can help. In some cases, it is possible to sue the person that caused your underlying injuries.
If your insurance company denied your claim, our Westchester County attorneys for insurance claim denials can help you fight the denial to recover the compensation you deserve. Contact The Martello Law Firm, PLLC at (914) 685-6950 for a free case evaluation.
What Can I Do If My Insurance Company denies my Westchester County, NY Claim
New York follows no-fault rules for car accidents. This means that victims will need to first turn to their own personal injury protection (PIP) insurance to recover compensation. However, insurance companies can be notoriously stubborn when it comes to paying claims, even when their own policyholders file them. Fortunately, you have a few options if your insurance company denies your claim. Challenging the denial could get you what you are owed quickly, but it could be necessary to file a lawsuit to hold your insurance company accountable.
Challenge the Denial
Car insurance companies deny claims for many different reasons in Westchester County, NY. Sometimes a victim does not provide enough evidence to justify the claim, or the medical and employment records to prove their damages are not submitted, leading to a denial. Fortunately, most insurance policies have provisions for challenging a claim denial.
In many cases, claimants can request that the insurance company reevaluate their denied claim. If the insurance company simply needs additional evidence, you can submit it to the insurance company when they reconsider your claim. Sometimes the insurance company is responsible for the error but will usually correct the mistake once notified. While you could take on this challenge yourself, your chances of success will be much higher with the support of our experienced Yonkers personal injury lawyers.
File a Lawsuit
If your insurance claim was denied, you could still pursue compensation through a lawsuit for acting in bad faith or breach of contract. Insurance companies must act in good faith during the claims process, but sometimes profits come before their customers. This is why it is vital to have our Westchester County attorneys for insurance claim denials review your case. We can help you determine if your claim was reasonably denied or if you were the victim of your insurance company’s bad-faith dealings. Further, if you cannot file a lawsuit against your insurance company, it might still be possible to sue the other person who caused your accident.
When Can I Sue My Insurance Company for Denying My Claim in Westchester County, NY?
In some cases, an insurance company will deny a claim unfairly. Suppose the claim denial was because the insurance company was acting in bad faith or in breach of contract with the original policy. In that case, a victim can sue their insurance company for damages. In New York, an insurance company is guilty of bad faith if the insurance company’s denial was a gross disregard for your interests during the claim process.
Insurance companies in Westchester are required to act in good faith when processing claims and act in accordance with the contract terms in your policy. However, it can be difficult to determine whether your insurance company is dealing with your claim in bad faith or if they are in breach of contract. The following acts are common examples of how your insurance company might act in bad faith or in breach of contract:
- Unreasonable delay of a claim
- Unreasonable denial of a claim
- Failure to thoroughly investigate a claim
- Failure to make a good-faith effort to settle the claim
- Offering a settlement that is substantially less than the claim’s value
- Failure to provide an explanation for the denial
- Misrepresenting policies
- Threatening claimants
- Failure to provide timelines to a claimant
- Cancellation of a policy after a claim is filed
- Intentional miscommunication with a claimant
If your claim was denied because of bad faith or breach of contract, you could be entitled to greater compensation than if the insurance company had paid the claim in the first place. However, I.S.C. Law § 1212(b) requires that the complaint for a lawsuit be served on the superintendent of the insurance company. Our Westchester County attorneys for insurance claim denials can review your case to determine if your claim was unfairly denied.
Can I File a Lawsuit Against the Other Driver If My Insurance Company Denied My Claim in Westchester County, NY?
It is possible that your claim is denied without any evidence that your insurance company acted in bad faith or breached the terms of your contract. While this will put you in a very difficult position, you might still have one option, which is to sue the negligent party responsible for the incident that gave rise to your claim. In New York, however, you must have suffered serious injuries if you intended to file a lawsuit to recover damages instead of going through your insurance.
Filing a lawsuit could be beneficial even if your claim was approved. If your claim was approved, but the amount of compensation you received did not fully cover your injuries, you could file a lawsuit against the negligent party to recover the remaining damages. However, you will still need to meet the serious injury threshold to file a lawsuit in this situation. Our White Plains personal injury attorneys can help you determine if suing the person that injured you will be possible in your case.
Our Westchester County, NY Attorneys for Insurance Claim Denials Can Help
If your claim was recently denied, our Westchester County attorneys for insurance claim denials can help you explore what options are available in your case. For a free case review, call The Martello Law Firm, PLLC at (914) 685-6950.