What To Do if the Insurance Company Denies Your Personal Injury Claim

Common Reasons Insurance Companies Deny Personal Injury Claims

The reasons insurance companies deny claims will be outlined in your claim denial letter, which could include:

• Insufficient evidence or documentation was not provided.
• The cause of the injury is from a pre-existing condition, and the insurance company is claiming your injury is from this condition. 
• You failed to seek medical treatment in a timely manner. The insurance company may argue that the injuries are not as severe, since you did not receive immediate medical care. 
• You filed late or missed important deadlines. In Nevada, you have two years from the date of the accident to file your claim. 
• The defendant is disputing liability or stating that you were partially at fault for the accident under comparative negligence. 
• There are policy exclusions, or the value of your injury claim is above the coverage limits allowed. 
• Honest mistakes, such as overlooking key evidence, or deliberate bad faith practices, like intentional delays in processing the claim by insurance adjusters.
• You failed to cooperate with the insurance company or did not respond promptly to their requests. 

How to Carefully Review Your Insurance Denial Letter

Time is of the essence once you receive an insurance denial letter. What you need to do is:

• Review the denial letter: Read the letter and identify the specific reasons your claim was denied, such as missing evidence, policy exclusions, or missed filing deadlines.
• Review the appeal deadline: You have a limited window to appeal the denial with the insurance company. 
• Review your policy: If the denial is due to a policy exclusion, review your policy to ensure the exclusion is accurate.
• Look for any errors: Mistakes can happen, so you need to verify if the adjuster made a mistake, excluded vital evidence, or overlooked your policy’s specific terms. 

If the reasons for denial are vague, contact the insurance company and request further details why your claim was denied.  

Steps To Take After Your Personal Injury Claim Is Denied

The steps to take after an injury claim denial are appealing the decision and doing the following:

• Stay calm and do not accept the denial as final without a careful evaluation.
• Retain all evidence and documentation related to your claim, including medical records, medical bills, lost damages, photos, witness statements, and accident reports.
• Preserve all communications and documentation from conversations with the insurance adjuster and the insurance company.
• Be aware of the appeal deadline date for filing your appeal.
• Consult with an experienced Las Vegas personal injury lawyer immediately for free legal advice and a review of your injury claim.
• Contact the insurance company to request written reasons for the denial and discuss submitting further evidence to support your claim.
• File a formal appeal for your denied claim before the deadline and provide any additional evidence that specifically addresses the reasons for denial. 
• You still have options, like filing a personal injury lawsuit, or filing a complaint with the Nevada Division of Insurance for an unbiased third-party external review.  

If you retain a personal injury lawyer after your consultation, your lawyer will assist you with the appeals process of a personal injury lawsuit. 

How an Experienced Personal Injury Attorney Can Help You Fight a Denied Insurance Claim

Fighting a denied insurance claim and the appeals process can be complex. There are specific filing deadlines and timelines you cannot afford to miss. An experienced personal injury lawyer will assist with:

• Ensuring you understand your legal rights, options, and filing deadlines.
• Reviewing your denial letter and the reasons for the denial.
• Reviewing your insurance policy for policy exclusions.
• Collecting additional evidence and documentation for the denied personal injury claim, as well as expert opinions to support your claim.
• Writing powerful and effective appeal letters and demand for payment.
• Disputing the insurance adjuster’s bad faith practices, such as delay tactics, denying claims without reason, or making false accusations about liability or pre-existing conditions.
• Negotiating with the insurance adjuster to reach a suitable settlement.
• Initiating a lawsuit and providing representation in court for litigation, if necessary.

At Adam S. Kutner, Injury Attorneys, we have been helping individuals fight insurance claim denials for their personal injuries for more than 34 years. We are committed to helping you win your appeal and maximizing fair compensation for your injuries.

Understanding the Deadline To Appeal Your Injury Claim

Nevada insurance laws allow you to appeal a denied injury claim. Once you receive a denial letter for your personal injury claim, the clock is ticking. Depending on the insurance company, you could have between a few weeks and several months to file an appeal. 

However, you should not delay filing your appeal. If you delay, they could attempt to use that against you and deny your claim again. Your policy could also contain specific clauses that could further limit the amount of time you have to file your appeal. To ensure you do not miss deadlines and your right to appeal, contact a personal injury lawyer in Las Vegas quickly. 

Negotiating With Insurance Companies After a Denial

Negotiating with the insurance after the denial of your claim can be challenging. They will be on the offensive. Even after winning your appeal, they will minimize your settlement with low-ball offers and make it difficult to get anything more. 

However, the skill of negotiation involves understanding these tactics and how to strengthen your position, by:

• Being prepared with compelling documentation and evidence.
• Having legal representation to maintain pressure on the insurance company and ensure prompt follow-up.
• Understanding insurance companies’ incentives to minimize settlements and how to secure maximum compensation.
• Understanding when to push for a settlement and when to take the case to court.

When To Consider Filing a Lawsuit After a Claim Denial

Filing a lawsuit with help from an attorney can be a powerful tool to get fair compensation. A lawsuit can become necessary after a claim denial when:

• There is an unsuccessful appeal: The insurance company’s denial remains in effect, even after appealing.
• The denial reasons are unjustified: Suing the insurance company may be necessary when they are acting in bad faith. 
• The insurance company unfairly assigns liability and refuses to pay: Even when you have strong evidence, some insurance companies won’t budge, unless you take them to court.
• There is persistent undervaluation of your claim amount: The insurance company is only giving you low-ball offers and refuses to give you a fair settlement. 

Tips for Preserving Evidence and Protecting Your Personal Injury Claim

It is vital to preserve evidence related to your personal injury claim throughout the denial process until your claim is settled, including:

• Accident reports.
• Photos and videos of the accident scene, property damage, and your injuries.
• Medical records documenting your injuries and treatment.
• Witness statements.
• All expenses related to your claim, including medical bills and lost wages.
• All communications with the insurance company or insurance adjuster.

You should also continue to follow all prescribed medical treatment and not miss any appointments. Furthermore, you should avoid posting anything about your injury, the claims process, and denial on social media, as it can hurt your case and your chances of winning your claim.

Common Misconceptions About Denied Personal Injury Claims

• Denial means you have no case: A denial does not mean it is the end of your claim, just that the process will be more complicated and involves appealing the decision. 
• You shouldn’t bother appealing: You have the legal right to appeal a denial. Most appeals are successful when appealed properly, with sufficient supporting evidence and documentation. 
• Insurance companies always have the final say: Insurance companies make mistakes or can act in bad faith. Appealing is the step needed to address these issues. 
• Only injured parties can fight denials: You have the legal right to seek help from a qualified personal injury attorney to file your appeal. 

Don’t Face Insurance Denial Alone — Get the Help You Need Today

When you receive a denial letter for a personal injury claim, act quickly to protect your legal rights. You still have options to secure a settlement with help from Adam S. Kutner, Injury Attorneys, in Las Vegas. We offer a free consultation, will evaluate your denied claim, and then provide legal advice to help you obtain fair compensation.  

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