Having your car accident insurance claim denied is one of the most frustrating experiences an injured accident victim can face — especially when you are dealing with medical bills, lost wages, and the physical and emotional toll of your injuries. But a denied claim is not the end of the road. California law provides important protections for accident victims whose claims are wrongfully denied and an experienced personal injury attorney can often turn a denied claim into a successful recovery. Attorney Anthony Girgis at Girgis Law Firm APC has extensive experience fighting denied insurance claims for accident victims throughout Encino, Sherman Oaks, Van Nuys, Northridge, and the greater Los Angeles area.
Why Do Insurance Companies Deny Claims?
Insurance companies deny claims for a variety of reasons, both legitimate and illegitimate. Common reasons for claim denial include disputed liability — the insurance company argues their insured was not at fault for the accident. Policy exclusions — the insurance company claims the accident falls under an exclusion in the policy. Lack of coverage — the insurance company claims the driver was not covered under the policy at the time of the accident. Failure to report — the claim was not reported within the timeframe required by the policy. Pre-existing conditions — the insurance company argues your injuries existed before the accident. Insufficient evidence — the insurance company claims there is not enough evidence to support your claim.
What to Do Immediately After a Denial
If your claim is denied, the first thing to do is request the denial in writing with a specific explanation of the reasons for the denial. Read the denial letter carefully and note every specific reason cited. Do not accept the denial as final and contact an experienced personal injury attorney immediately.
Your Legal Options After a Denial
After a claim denial, you have several legal options. You can file an appeal with the insurance company challenging the denial with additional evidence and legal arguments. You can file a complaint with the California Department of Insurance, which regulates insurance companies in California and investigates bad faith practices. You can file a personal injury lawsuit against the at-fault driver directly — when the insurance company denies your claim against the other driver, you can still sue that driver personally and their insurance company will typically be required to defend them. And if your own insurance company wrongfully denies your uninsured motorist or underinsured motorist claim, you may have a bad faith insurance claim against your own insurer.
California Bad Faith Insurance Law
California has some of the strongest bad faith insurance laws in the United States. Under California Insurance Code Section 790.03, insurance companies have a duty to deal fairly and in good faith with claimants. If an insurance company unreasonably denies a valid claim, fails to investigate promptly, or delays payment without good cause, they may be liable for bad faith damages which can significantly exceed the original policy limits.
Attorney Anthony Girgis is experienced in identifying bad faith insurance conduct and has pursued bad faith claims against insurance companies on behalf of clients throughout the San Fernando Valley.
If your claim was denied in the San Fernando Valley, cur claim was denied in the San Fernando Valley?ontact Girgis Law Firm APC for a free consultation. Attorney Anthony Girgis represents accident victims throughout Encino, Sherman Oaks, Van Nuys, Northridge, Woodland Hills, and surrounding communities. Call (818) 986-5000 — no fees unless we win.
