If you or somebody you love has sustained an injury that was caused by the negligence of another person, you should be able to file a claim with their insurance carrier to recover compensation for your losses. However, what happens if their insurance carrier denies your claim? At Colucci, Colucci & Marcus, P.C., our Boston, MA, personal injury attorneys want to discuss what your steps need to be after an insurance claim denial for a personal injury case.
Steps To Take If Your Personal Injury Claim Is Denied
There are various reasons that a personal injury claim may be denied by the insurance carrier. Claims adjusters work for the insurance companies, and their goal is to avoid paying much if any, compensation when a claim is made. Some of the most common reasons a claim is denied include:
- The policy does not cover the nature of the incident
- The insurance policy has lapsed
- There was insufficient evidence to prove the case
- The policy did not cover the location of the incident
- The injuries were not sufficiently proven
Regardless of why a claim was denied, this does not mean that the matter has come to a conclusion. An injury victim has the right to continue to pursue their claim against the alleged negligent party and the insurance carrier.
Demand an explanation of the denial
Your first step needs to be obtaining a written explanation of the basis for the insurance carrier’s denial of your personal injury claim. When you call the insurance claims adjuster to demand a written explanation of the denial, tell them that you want a copy of the relevant part of the insurance policy used as a basis for the denial.
Even if the claims adjuster tells you that “attorneys” for the insurance carrier have denied the claim, this does not mean that the matter is over. The attorney that works for the insurance carrier is not your attorney, and you should not base your well-being on the opinion of someone else’s legal team.
Filing a personal injury lawsuit
It may be necessary to file a personal injury lawsuit against the alleged negligent party and their insurance carrier. If you have not already done so, contact an experienced personal injury lawyer who can handle every aspect of your case. Please understand that Massachusetts has a three-year statute of limitations in place for most personal injury cases. This means that injury victims have a three-year window with which to file a lawsuit against an alleged negligent party. Failure to file a claim in time could result in the injury victim losing the ability to recover compensation for their claim.
Let Us Help After A Boston Personal Injury Claim Denial
If you or a loved one have been injured due to the negligent actions of another person, let the team at Colucci, Colucci & Marcus, P.C. get to work on your case today. We will investigate every aspect of your claim in order to secure maximum compensation on your behalf. This can include coverage of:
- All medical expenses related to the incident
- Lost income if you cannot work
- Loss of personal enjoyment damages
- Pain and suffering damages
- Possible punitive damages against the negligent party