If you were injured in a car accident, filed a car insurance claim, and received a denial, you might think you’ve reached the end of the road. While it’s disheartening to receive such a denial, Texas law allows policyholders to appeal adverse insurance claim denials. An experienced car accident attorney in San Antonio can discuss your legal options during a free case review.
Your Legal Rights Under Texas Law
You have several rights under Texas law if your insurance claim is denied, including the right to:
- Receive a written explanation: The insurer must provide a written explanation that sets out the reason or reasons why your claim was denied.
- File an internal appeal: You can ask the insurance company to review the matter and reconsider its decision.
- Request an external review: You can request an independent external review from the Texas Department of Insurance (TDI).
Why Car Accident Claims Might Be Denied
Some of the reasons why the insurance company may have denied your claim could include:
- A policy exclusion applies to the case.
- The insurance adjuster says there is missing or incorrect information.
- You filed your claim after a relevant deadline.
- You received medical treatment that was not medically necessary.
Just because the insurance company denied your claim does not necessarily mean the denial is appropriate. The insurance company could be operating under a policy designed to protect its wealth by sending blanket denials to all claimants. Insurance companies hope that claimants will not understand their rights or fight back. An experienced San Antonio motorcycle accident lawyer can review your denial and help determine if the insurance company is acting in bad faith.
How to Appeal a Denied Accident Claim in Texas
Follow these steps if your insurance claim was denied:
- Review the denial letter: Read over the denial letter carefully. Look for the specific explanation of why the claim was denied and consider whether this information is accurate. Compare any cited policy language to your insurance policy. Highlight the deadline for filing an appeal.
- Gather supporting documentation: Make a file with your insurance policy, correspondence from the insurance company, and other documents you have to support your claim, such as medical records or repair estimates.
- File an internal appeal: Review the details regarding filing an internal appeal. You might want an attorney’s assistance in preparing a strong appeal for you, as this could make the difference between your claim ending in a successful settlement or your claim continuing to be denied.
- Request an external review: Ask the Texas Department of Insurance to review the denial if your appeal is unsuccessful.
- Contact an experienced car accident lawyer: Car accident attorneys are familiar with insurance laws and tort actions. They can explain the options available to you.
Contact Our Experienced Car Accident Lawyer for a Free Case Review
While receiving a denial can be disappointing, this does not mean the battle is over. An experienced truck accident attorney from George Salinas Injury Lawyers can review the denial, determine if there are grounds for appeal, and handle your appeal if there are. Texas law generally limits the time you have to file an appeal to 180 days, so time is of the essence. Contact our legal team today for help.