Insurance Denials
Consistently ranked as a Top 10 Personal Injury Law Firm in Ontario by Canadian Lawyer Magazine.
Depending on the unique circumstances surrounding your accident, you may decide to pursue an insurance claim to secure funds to help with your recovery. At Bergeron Clifford, we’ve worked with numerous clients whose injuries are legitimate, but their insurance company doesn’t seem to think so and denies their claim. Feeling frustrated and stressed, many wonder what to do next as medical bills add up, and they are potentially unable to return to work. Above all, this denial is dehumanizing. It’s common to feel voiceless in this situation, but the lawyers at Bergeron Clifford are here to listen and help.
Our Expertise
Our team has profound expertise in navigating the complexities of insurance claims, drawing from our vast experience as injury lawyers and former insiders within insurance companies. Our team comprehensively understands the intricate workings of various insurance types, including Accident Benefits, Long Term Disability, Life Insurance, and Critical Illness coverage.
Our Perspective
With years of hands-on experience, we’ve witnessed firsthand the challenges individuals face when dealing with insurance claims. We empathize with the frustration and confusion that can arise from denied claims or inadequate compensation, and it’s our mission to alleviate this burden for our clients.
Furthermore, our unique perspective, gained from some of our previous experience within the insurance industry, provides us with invaluable insights into the tactics and procedures employed by these companies. This knowledge enables us to anticipate potential challenges, address issues preemptively, and effectively advocate for the success of your claim.
Rest assured, with our team by your side, you’re not just another case number. We prioritize building a genuine connection with our clients, offering personalized attention, clear communication, and a compassionate approach to your unique situation.
Supporting You During This Time
Navigating through the maze of insurance policies can be overwhelming, especially when faced with the stress of recovering from an injury. That’s where we step in—providing not only legal expertise but also unwavering support and guidance throughout the entire claims process.
Our commitment to you is to meticulously review your case, leveraging our in-depth knowledge of insurance protocols to craft compelling arguments and strategies aimed at securing the rightful compensation you deserve. We’re dedicated to representing your best interests and ensuring that your rights are protected every step of the way.
What Can Cause a Denied Insurance Claim?
After experiencing a catastrophic accident, you’ve likely undergone extensive medical evaluations to diagnose your injury. The complexity of your injuries, especially if they are severe, can lead to various reasons for an insurance claim denial. Two common reasons include:
- Insurance companies may believe your pain is insignificant, and this will pass despite your inability to return to work. Thus, they can deny your claim to deter you from seeking payment through your policy.
- The insurance company refuses to accept the benefit as reasonable or necessary, conceding that they cannot confirm your injury occurred because of the accident your policy is meant to cover.
In any case, you could be left feeling rejected and uncertain about how to move forward. Paying into a plan should mean that you receive the insurance when it is needed.
Time Constraints on Insurance Claims
Immediately after your accident, you are likely more concerned with your health than anything else, and rightfully so. This is why you may wait to contact your insurance company until you are more stable. However, there are time limits on filing a claim with your insurer. They vary from company to company. For example, many auto insurance policies have a cut-off of seven days. Different types of insurance have various limitation periods to be aware of. Otherwise, it’s possible your insurance can be denied regardless of the severity of your injury.
Appeal Limitation Periods
If you can file your initial claim within a reasonable amount of time, yet your insurance is still denied, there are limitation periods if you choose to appeal it. While you provided the necessary documents initially, including the police report and relevant medical records, an appeal will require further documentation that you may need access to or be unaware of. That’s where an experienced personal injury lawyer can help.
What To Do If Your Insurance Has Been Denied
When faced with a denial of insurance in a personal injury claim or any other situation, several steps can be taken to address and potentially overturn this decision:
- Review the Denial Letter: Obtain a copy of the denial letter from the insurance company. This document usually outlines the reasons for the denial and provides crucial information about deadlines for appeals or further actions.
- Understand the Reasons for Denial: Carefully analyze the grounds on which the claim was denied. Understanding why the insurance company rejected the claim is essential in formulating a strategy to challenge the decision.
- Gather Information and Documentation: Collect all relevant documents and information related to your claim, including medical records, bills, correspondence with the insurance company, policy documents, and any other evidence supporting your case.
- Consult with a Lawyer: Seek legal advice from our knowledgeable personal injury lawyers, who are experienced in handling insurance claim denials. We can assess your situation, review the denial letter, and advise you on the best course of action.
- File an Appeal: Many insurance companies have an appeals process. If the denial seems incorrect or unjust, we can file an appeal on your behalf following the specific procedures outlined by the insurance provider.
From here, our team can handle negotiation and mediation sessions as necessary while the insurer reviews your appeal. If these discussions are unsuccessful, our team can guide you through filing a lawsuit against the insurer to help you obtain the fair compensation you deserve.
Throughout this process, maintaining detailed records, adhering to deadlines, and seeking legal counsel are crucial steps when dealing with a denied insurance claim. Each case is unique, and we tailor our advice and approach based on the specifics of your situation.
Working with Bergeron Clifford Injury Lawyers
Our lawyers know how the system works, and we know what it takes to move a case forward. We don’t see denial as a definitive no; we see it as a request for more information and know what information to present. Our team can help you understand the details related to your case and work with you to acquire the benefits you deserve as they relate to your claim. If your insurance has been denied following a catastrophic accident, reach out to us.
Frequently Asked Questions
Our skilled personal injury lawyers are your advocates, leveraging their expertise to navigate the complexities of insurance claims. When faced with a denied claim, we can provide invaluable assistance. We start by reviewing your case in-depth and reviewing the reasons for denial provided by the insurance company. This involves meticulously examining the denial letter, policy details, and all pertinent documentation related to your claim.
Beyond assessment, our team strategizes the best course of action to address the denial’s grounds. We negotiate skillfully with the insurer to seek the fair compensation you deserve.
Insurance claim denials can occur due to various factors, often rooted in policy specifics or procedural issues. Common reasons include inadequate evidence or documentation supporting the claim, policy exclusions that may not cover certain types of injuries or incidents, missed deadlines for filing claims or appeals, disputes over liability or fault, or errors in the claim submission. Understanding the specific reasons for denial is pivotal in formulating a strategy to challenge the decision.
The appeals process following an insurance denial typically involves specific steps outlined by the insurance company. This process varies among insurers but generally requires submitting additional information, documentation, or evidence to support your claim. It often necessitates drafting a formal appeal letter outlining why the denial should be reconsidered.
The timeline for resolving a denied insurance claim varies based on several factors. The complexity of the case, the responsiveness of the insurance company, the need for additional evidence or documentation, and whether negotiation, mediation, or litigation is pursued all influence the duration. Some cases may be resolved relatively quickly through successful appeals or negotiations, while others might require an extended legal process if litigation becomes necessary.
Successfully overturning a denied insurance claim can lead to various forms of compensation, depending on the specifics of your case. These could include reimbursement for medical expenses incurred due to the injury, compensation for lost wages or income resulting from the incident, coverage for ongoing treatment or rehabilitation, and potential compensation for pain and suffering. The fair settlement you may receive largely depends on the nature and extent of your injuries, the provisions outlined in your insurance policy, and the legal parameters governing such claims.
Sources
1. “Distracted Driving.” n.d. Ontario.ca. https://www.ontario.ca/page/distracted-driving#section-2.
2. Strayer, David L., Frank A. Drews, and Dennis J. Crouch. 2006. “A Comparison of the Cell Phone Driver and the Drunk Driver.” Human Factors: The Journal of the Human Factors and Ergonomics Society 48 (2): 381–91. https://doi.org/10.1518/001872006777724471.
3. Klauer, Sheila G., Feng Guo, Bruce G. Simons-Morton, Marie Claude Ouimet, Suzanne E. Lee, and Thomas A. Dingus. 2014. “Distracted Driving and Risk of Road Crashes among Novice and Experienced Drivers.” New England Journal of Medicine 370 (1): 54–59. https://doi.org/10.1056/nejmsa1204142.
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