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Charleston Construction Defects Lawyer / Blog / Personal Injury / What to Do if Your Personal Injury Claim is Denied

What to Do if Your Personal Injury Claim is Denied


You have been injured in an accident that was no fault of your own. You expect to file a claim with the at-fault party’s insurance company to recover the compensation you need to cover your medical expenses, lost income, and more. After filing your claim, though, you are shocked when the insurance company denies it.

When insurance companies deny injury claims, they often do not provide reasoning for the decision. Unfortunately, accident victims have often never filed a personal injury claim before and so, they do not understand there are steps they can take. Below, our Danial Island personal injury lawyer explains what these are.

File an Appeal

 The first step you should take after receiving a denial from the insurance company is to contact an attorney who can review the denial with you. If the insurer did provide a reason for the denial, a lawyer can also advise on how to proceed with an appeal. Along with the denial, the insurer should inform you of the time limit for filing an appeal, and whether you can resubmit some of your information.

For example, perhaps you forget to include certain documents within your claim. If the insurance company denied your claim for this reason, it may be possible to simply correct the situation and proceed with your claim. It is important to always work with a personal injury lawyer to ensure these mistakes are not made.

File a Bad Faith Lawsuit 

Incomplete information is not always a reason for denying an insurance claim. Insurance is a big business and companies often prioritize their own profits over the safety and well-being of accident victims. When this is the case and the insurer denies your claim without a valid reason, you can file a bad faith lawsuit against them.

South Carolina law requires insurers to work with claimants in good faith, meaning they must act honestly and fairly. Insurance companies do not always comply with this law, though, and when that is the case, you can file a bad faith lawsuit against them. Common examples of bad faith practices include:

  • Intentionally delaying negotiations to avoid paying a settlement,
  • Failing to investigate a claim properly,
  • Offering a settlement that is not enough to fully cover your losses,
  • Misrepresenting facts related to the insurance policy or the coverage available,
  • Failing to acknowledge claims in a reasonable amount of time, and
  • Threatening to rescind the policy without valid reason.

Our Personal Injury Lawyer Can Help You Take the Next Steps

 Just because the insurance company has denied your claim does not necessarily mean you cannot recover compensation. The insurance company is looking for any reason to deny your claim but our Mt. Pleasant personal injury lawyer can inform you of your rights. At Fuller Law Firm, our experienced attorney knows how to handle insurance denials so you obtain the full damages you need. Call us today at 843-277-0013 or contact us online to schedule a consultation and to get the information you need.



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