Your insurance company should be there for you when you are hurt and need help covering things like medical bills or vehicle repairs after an accident. Unfortunately, insurance companies often care more about their bottom line than their customers, and they might wrongfully deny your claim. If your claims were denied, an attorney can help you push back and sue the insurance company for your damages and possibly more.
Common reasons for a lawsuit include claims that were wrongfully denied, claims denied in bad faith, or procedural errors that led to the denial of the claim. To support your case, we require evidence of your accident, injuries, and the terms of your insurance policy. In some cases, injuries are clearly covered by the policy terms, and the insurance company’s actions become apparent. Your lawsuit begins with a formal complaint filed against the insurance company. We must make sure the information in the complaint is complete and accurate, as it will set the tone for the rest of the case.
Begin with a free case review from our Georgia personal injury attorneys at Rice Law by calling us at (470) 287-3070.
Why You Might Sue Your Insurance Company
Insurance companies can be large and intimidating entities, but they must follow the rules just like everyone else. If you believe your insurance company illegally or wrongfully denied your claim, we can take legal action against them. Remember, your policy is a contract, and a wrongful denial is a breach of contract.
Wrongful Denials
One reason we can sue your insurance company is that your claim was wrongfully denied. A wrongfully denied claim is one that should have been approved but was not. The denial may be due to intentional misconduct, a clerical error, or an error in how the claim was filed or processed.
In some cases, the insurance company corrects the wrongful denial, and there is no need to sue. Unfortunately, this does not always happen, and you can sue to make them fix the problem.
Bad Faith
If the insurance company knowingly denies a claim that should be covered, it may be acting in bad faith. It is not unusual for insurance companies to deny claims like this, hoping that claimants will simply give up. You should not give up, and instead, you should hire a lawyer.
Bad faith is not always an outright denial of your claim. It could also involve intentional delays in processing or purposefully failing to investigate a claim, thereby reducing the payout. A key part of arguing this case in court is demonstrating how the insurance company was aware that its actions violated the policy terms.
Procedural Issues
Perhaps your claim was denied due to procedural errors. A common issue is that when claims are denied, the insurance company neglects to provide the claimant with information on how to appeal the denial.
Eventually, the time in which they can file an appeal closes, and they are barred from getting the compensation they need. If this happened to you, we need to prove you were never given a fair chance to appeal.
Evidence We Need to Sue Your Insurance Company in Georgia
We need some key pieces of evidence to prove your claims against the insurance company. Much of our evidence will revolve around records and documentation pertaining to your denied claim.
First, we should have a copy of the denial letter that the insurance company should have sent you. This is not just a notice of the denial, as it should contain information about the reasons for the denial and the steps you can take to appeal. We need this information as proof of the insurance company’s reasons for the denial.
We should also gather details about your accident, injuries, and damages. We must compare them to your policy to determine if they should be covered. If your policy terms clearly cover your accident, we might have a stronger chance of proving that the denial was wrongful.
We must have a copy of your insurance policy. It is a contract between you and the insurance company that should contain all the terms and conditions regarding how claims are covered. Almost all our evidence should be compared against the policy to determine if the denial was indeed wrongful or in bad faith.
Filing a Lawsuit Against an Insurance Company
Starting a lawsuit against almost anyone requires filing a formal legal complaint with the courts. Preparing the complaint is not easy, and it requires extensive and specific details about the case.
We must gather details about you, the defendant, the accident, your injuries and damages, and evidence supporting your claims. If any information is lacking, the opposing side may move for a dismissal for insufficient pleadings.
Once the complaint is ready, we must file it with the correct court. Not all courts are the same, and we must file it in the court with jurisdiction over your case. Once the complaint is filed, we must immediately serve notice to the insurance company about the case.
Serving notice may be tricky, as insurance companies are often large with many offices, and we must make sure to notify the correct people. If we do not notify the insurance company or fail to serve notice according to strict rules, the case could be thrown out.
What Happens After Suing Your Insurance Company
Once the case is filed and notice is served, the case officially begins.
First, we must wait for the insurance company to file an answer to our complaint. The answer may admit some allegations while denying others. The insurance company will likely deny almost everything.
The insurance company might agree to settle. In that case, no trial is necessary, and we can work out an agreement with the insurance company as to how much compensation you should get. This is up for negotiation, and negotiations may take some time.
We should also be prepared to take the case to a full trial. While trials may take time, the potential compensation may be more than what you are offered in a settlement.
Get Legal Assistance From Our Georgia Personal Injury Lawyers
Begin with a free case review from our Marietta, GA personal injury attorneys at Rice Law by calling us at (470) 287-3070.