Working with your Houston car crash attorney after an accident can help take a lot of burden off your shoulders and help you receive the compensation you need. In some cases, the insurance company may try to deny your claim. However, your attorney will help you fight for fair compensation.
Why Work with My Houston Car Crash Attorney for My Claim?
When filing a Houston car accident insurance claim, there are a few reasons why working with your attorney makes sense. First, we can help with all the paperwork you need to file for your claim. We also help you gather evidence for your claim to submit to the insurance company.
Perhaps one of the most compelling reasons to work with our Houston car crash attorney during the claims process is that we help advocate for your rights with the insurance adjuster. Insurance companies are going to do everything they can to pay you as little as possible. This can mean taking things you say to the adjuster and using them against your claim or even offering low-ball settlement amounts. We know the tricks and negotiate on your behalf to help you get the compensation you need.
The Insurance Company Denied my Houston Car Accident Insurance Claim, Now What?
What happens if you receive word that the insurance company denied your claim? It’s important to keep in mind that you can still seek compensation for the accident even after a denied claim.
While a denied car accident claim may make the situation a little more complicated, you still have options available. After the insurance company denies your claim, it’s important to learn the reason. Insurance companies must have a reason for denying claims.
Common Reasons Claims are Denied
There are some legitimate reasons why the insurance company may deny your claim. However, working with your Houston car crash attorney during the claims process can help you avoid some of these issues. For example, incomplete paperwork or information provided may cause the insurance company to deny the claim. Your lawyer can help you avoid this by assisting with filling out paperwork and gathering and sending any necessary documents to the adjuster.
Some other common reasons your claim may be denied include:
- Liability for the accident isn’t clear and the investigation was inconclusive
- Failure to report the accident in a timely manner
- Medical records don’t indicate pain or injury for a personal injury claim
- Your vehicle wasn’t suitable for road conditions
- The policy doesn’t cover accidents of that nature (For example, many policies won’t cover or defend an at-fault driver if they were driving under the influence)
There are any number of reasons why they may deny your claim. However, in many cases you may still have recourse.
Talk to your Houston Car Crash Attorney about Bad Faith Claim Denials
In some cases, your claim may be denied on bad faith. This means that the insurance company is trying to avoid their obligations to compensate you for damages caused by the other driver. In Texas, insurance companies have implied good faith, which means that they must treat people honestly and fairly.
Some signs that the insurance company may have denied your claim in bad faith include:
- Improper investigation
- Incorrect valuation of your damages (i.e. lowballing)
- Refusal to pay your claim when fault is clearly on the other driver
Your Houston car crash attorney can help you determine if you have a case for bad faith and can help you understand what your options are.
Fight the Denial with Your Houston Car Crash Attorney
There are a few different options available after an auto insurance company denies your Houston car accident insurance claim. You and your attorney can go over the options and decide on an option that makes sense for your individual circumstances.
Appealing the Claim
One of the first things we generally recommend is appealing the claim with the insurance company, though this depends on your specific case. Appealing the answer to their claim involves gathering evidence to prove that the claim was wrongly denied. Typically, this means having your Houston car crash attorney write a demand letter. A demand letter gives your side of the story about the accident (with evidence and supporting documents), demonstrates the other driver’s fault, and details accident-related damages you’re requesting compensation for.
The insurance company must then respond to your demand letter and can open up negotiations around your claim. However, if they still deny their obligation, you may also file a lawsuit against them to help fight for your right to compensation.
Filing a Third-Party Bad Faith Claim Against the Insurance Company
If you believe the insurance company is acting in bad faith, then you often have the option to file a lawsuit against the insurance company. This is called a third-party bad faith claim.
There are many common reasons people sue auto insurance companies for bad faith, including:
- Unfounded claim denial
- Not communicating time-sensitive information
- Undervaluing your claim when there’s no question of fault
- Using threatening or blackmailing language
- Using deceitful language
- Failing to provide an explanation behind claim denial
Should you win the bad faith case, then there may be several types of damages available to you, including compensatory, consequential, legal, and punitive. Compensatory damages help compensate you for things like damage to your car, medical costs, lost wages, and other accident-related costs. Consequential help compensate you for future costs from the accident, like ongoing medical care. Legal damages are to help compensate you for the costs of hiring your Houston car crash attorney. Punitive damages are a type of “punishment” for the insurance company’s poor behavior.
Cases like these generally end in a Houston auto accident settlement, rather than going to trial. However, if you can’t reach a satisfactory deal, then they may go to trial. Your Houston car crash attorney can help you determine what to do for your case.
Filing a Lawsuit with Your Houston Car Crash Attorney Against the At-Fault Driver
If your claim was denied because the other person’s policy doesn’t cover accidents due to illegal behavior, like driving under the influence, then another option is to sue the at-fault driver for compensation. Your Houston car crash attorney can help you file the lawsuit, gather evidence, and argue your position at trial if need be.
Your Legal Advocates after a Car Accident
Our attorneys at DeSimone Law Office are here to help you fight for compensation after a car accident. We regularly deal with all the tricks insurance adjusters use to avoid paying you what you deserve. Our team has helped settle thousands of cases and will even cover your out-of-pocket expenses until we win your case. If we don’t win your case, we don’t ask for anything compensation-wise. Call us today at (713) 526-0900 to talk to one of our attorneys for a free case evaluation!