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What to Do if the Insurance Company Denies Your Claim

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Facing an insurance claim denial can be disheartening, especially when you believe you have a strong case. Fortunately, there are steps you can take to challenge the decision. Steven Polak, a personal injury lawyer at Law123.ca, has extensive experience assisting clients in this situation and knows how to effectively respond to insurance claim denials.

1. Understand the Reason for Denial

The first step is to carefully review the denial letter, which should outline why your claim was rejected. Common reasons include missing documentation, disputes over liability, or the insurer arguing that your injuries aren’t as severe as claimed. Understanding the reason helps you address the issue effectively.

Example:

Imagine you submitted a claim for a slip-and-fall injury but didn’t provide enough medical evidence to prove the extent of your injuries. The insurance company might deny the claim, stating “lack of medical proof.” Understanding this reason helps you know where to focus when challenging the decision.

2. Gather Additional Evidence

Insurance companies often deny claims due to insufficient evidence. Strengthen your case by collecting all relevant documents, such as medical reports, accident scene photos, witness statements, and any communication with the insurance company. These can help substantiate your claim and demonstrate the true impact of your injury.

Example:

Consider Mary, whose claim was denied because the insurance company argued that her injuries weren’t severe. By obtaining a detailed medical report from her doctor and testimony from a physical therapist about her ongoing pain, Mary was able to present a stronger case that showed her injuries were indeed severe and required compensation.

3. Appeal the Decision

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Most insurance policies allow you to appeal a denial. Submit a written appeal outlining why the decision was incorrect, along with the additional evidence you’ve gathered. This process can be complex, and it’s advisable to consult with a personal injury lawyer like Steven Polak, who can guide you through it.

Example:

John was denied a claim for a car accident injury, with the insurer stating he was at fault. After working with Steven Polak, John was able to gather traffic camera footage proving the other driver’s negligence. This evidence was crucial in overturning the denial during the appeal process.

4. File a Complaint with the Insurance Company

If your appeal is unsuccessful, consider filing a formal complaint with the insurance company’s ombudsman or complaints department. This step often prompts a more thorough review of your claim, especially if the insurer realizes that they might face regulatory scrutiny.

Example:

Lisa’s claim was denied due to a technicality about her policy coverage. After submitting a complaint, the insurance company acknowledged their mistake and reopened her claim, leading to a successful settlement.

5. Involve Regulatory Authorities

If you’re still facing resistance, you can file a complaint with your province’s insurance regulator or ombudsman. These organizations oversee insurance practices and can intervene if they find that the insurer acted unfairly or breached regulations.

Example:

Andrew’s disability claim was denied, even though he had ample medical evidence. By involving his province's insurance ombudsman, the insurer was pressured to re-evaluate his claim, and Andrew eventually received the compensation he was entitled to.

6. Consider Legal Action

If all else fails, you might need to take legal action against the insurance company. This can be a lengthy process, but with the guidance of an experienced personal injury lawyer like Steven Polak, you can present a strong case in court. Many insurers prefer to settle out of court rather than face legal proceedings, so initiating this step can often lead to a more favourable outcome.

Example:

Thomas had his claim repeatedly denied, despite clear evidence of his injuries. By filing a lawsuit with the help of Steven Polak, the insurance company agreed to negotiate, resulting in a fair settlement without going to trial.

Why Working with a Personal Injury Lawyer Is Essential

Insurance companies have vast resources and legal teams dedicated to protecting their interests. Having an experienced personal injury lawyer like Steven Polak on your side can level the playing field. Steven knows the tactics insurers use to deny claims and can counter them with solid legal arguments, evidence, and negotiation skills.

Key Benefits of Working with Steven Polak:

  • Comprehensive Case Review: Steven will thoroughly examine your claim to identify the insurer’s weak points.
  • Strong Negotiation Skills: With years of experience, he can negotiate effectively to ensure you receive the compensation you deserve.
  • Court Representation: If your case goes to trial, Steven will represent you and present your case in the strongest possible manner.

Tips for Preventing Claim Denials

  • Report the Incident Immediately: Promptly report the accident or injury to your insurance company and provide accurate information.
  • Keep Detailed Records: Document every aspect of your injury, including medical treatments, expenses, and communications with the insurer.
  • Follow Medical Advice: Ensure you follow your doctor’s advice and attend all recommended appointments. This helps demonstrate the severity of your injuries and your commitment to recovery.
  • Consult with a Lawyer Early: By consulting a personal injury lawyer like Steven Polak early in the process, you can avoid common pitfalls that might lead to a denial.

An insurance claim denial isn’t the end of the road. With the right strategy and support from an experienced lawyer, you can challenge the decision and fight for the compensation you deserve.

If your insurance claim has been denied, don’t face it alone. Contact Steven Polak at Law123.ca today for a free consultation. He’ll review your case, help you understand your options, and guide you through the appeal process to ensure you receive the compensation you're entitled to.

author

Chris Bates

STEWARTVILLE

JERSEY SHORE WEEKEND

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