What To Do if an Insurer Refuses to Settle Your Personal Injury Claim
Dealing with the aftermath of a personal injury can be overwhelming, both physically and emotionally. You trust your insurance provider to support you in such times, but what happens when they refuse to settle your claim? Do not panic if an adjuster denies your claim or does not want to settle your claim for fair value. You have several options you can turn to.
Try to Negotiate
If an insurance adjuster does not immediately offer you a fair settlement for your injuries, you can always try to negotiate with the insurance company.
There are several tricky points when it comes to insurance claims. Some of these include:
- Disputes over liability,
- Disagreements about the extent of your injuries, and
- The insurance company’s attempt to minimize payouts.
Whatever the issue, try to identify it and negotiate with the adjuster to try and find common ground, or at least a fair settlement amount. If you are not comfortable negotiating, contact a skilled personal injury attorney who can negotiate on your behalf.
Review Your Insurance Policy
Carefully review your insurance policy. Understand the coverage limits, exclusions, and any clauses that may affect your claim.
This knowledge will empower you during negotiations and help you gauge the validity of the insurer’s decision.
Gather Evidence
Sometimes insurers will refuse to settle a claim when claimants fail to support their claim with valid evidence. If this is the case, compile all relevant evidence supporting your claim and present it to the insurance adjuster.
Common evidence used to support a claim includes:
- Medical records,
- Police reports,
- Witness statements,
- Photographs (of the accident scene and your injuries), and
- Correspondence with the insurer.
Strong evidence strengthens your position and can compel your insurer to reconsider.
Document Communication
Keep a detailed record of all communication with the insurance company. Note the date, time, and content of each conversation or correspondence. This documentation serves as valuable evidence in case of disputes and ensures transparency throughout the process.
Also, upon documenting communication, if you believe your insurer is acting in bad faith or violating insurance regulations, you can file a complaint with the relevant regulatory authority. Provide supporting documentation and a detailed explanation of the issue. Regulatory agencies have the authority to investigate complaints and take corrective action if necessary.
Seek Legal Advice
If negotiations with the insurer reach an impasse, consider seeking legal advice from a qualified attorney specializing in personal injury claims. An experienced lawyer can assess your case, advocate on your behalf, and explore legal options to compel the insurer to settle.
Note that most personal injury lawyers work on a contingency fee basis. This means that if a lawyer negotiates on your behalf, you do not owe the attorney a dime unless you receive a favorable settlement.
Litigation
This involves filing a personal injury claim against the at-fault party and taking your case to court, where a judge or jury will decide the outcome. Litigation can be time-consuming, costly, and emotionally draining, so it is essential to weigh the potential benefits against the drawbacks.
Please contact a personal injury attorney to assist with litigation. As with negotiations with an insurer, an attorney usually will take on your injury case on a contingency fee basis. Again, you do not pay your lawyer unless you receive a favorable court award.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
* Main image at top by Mikhail Nilov