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Can I Sue An Insurance Company For Denying My Claim?

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments

Can I Sue An Insurance Company For Denying My Claim?

A situation that calls for you to file an insurance claim can be stressful enough. Dealing with property damage, injury or a loved one's death is an emotional and potentially financially disruptive time. When you're faced with a battle with your insurance company, a trying time can become even more devastating. An experienced Pawleys Island lawyer can examine your case and help you understand the laws that are in place to protect you and your family if an insurance company denies your claim.

Why Insurance Company Denies Claim

Even after collecting your monthly premium for years, sometimes decades, an insurance company will develop a list of reasons why they feel they shouldn't have to pay your claim. When it comes to handling insurance disputes, the Hopkins Law Firm has dealt with a number of excuses.

  • Application mistake: The insurer may claim you misrepresented certain information on your original application that voids your policy and any payout to which you would otherwise be entitled.
  • Bad faith denial: While the insurance company will not tell you they simply do not want to pay the claim, they will give you a mouth full of industry jargon as justification for the denial. Pages of paperwork or endless phone calls that are filled with confusing language with no real reason for the denial.
  • Claim errors: Your policy may require a claim to be made within a certain time period. Review the fine print to ensure your claim is filed within the designated time frame.
  • Insurance fraud: If it's believed your claim is made fraudulently, you may face criminal charges.
  • Lack of coverage: The insurer may claim your particular case isn't covered because of a technicality within the policy language. Be sure to review all exclusions of the coverage to ensure you understand what is not covered.

Should I Sue If My Insurance Claim Is Denied?

The insurance company is mandated to the terms of the policy contract. The insurer must act in good faith to its policyholders. While state laws vary when it comes to insurance company regulations, most prevent insurance companies from:

  • Denying a claim due to an application error after the contestability period ends.
  • Denying a claim without explaining the reason for denial.
  • Refusing to approve or deny a claim within a reasonable time period.
  • Delayed or insufficient investigation of your claim.
  • Denying a claim when accountability is abundantly clear.

If your claim is unreasonably denied or you feel the insurance company is making the claim process difficult, it's time to contact an insurance dispute lawyer. You don't have to wait until the insurer denies your claim. Partnering with an experienced Pawleys Island attorney may be the influential factor you need to ensure the company treats you fairly.

As you begin and proceed through the insurance claim process, be sure to document any contact you have with the insurer. Keep all email exchanges, take notes during phone conversations, and be sure to document the time, date and representative's name when you speak over the phone. Also, keep track of any costs you incur during the claim process. Whether you're facing medical bills, attorney's feed, or lost wages, you'll want to be able to prove those expenses in the event you must sue the insurance company.

Having the proper documentation with help your Pawleys Island attorney present the best case possible against the insurer and get you the money you deserve. If your claim has been denied by an insurance company, contact Hopkins Law Firm today to review your options.

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When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome. Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients to protect their future. With locations in Charleston, Pawleys Island, and Myrtle Beach, we can make sure you get the counsel you need anywhere in South Carolina.