Rush Injury Law
Call For A Free Consultation
415-985-7225

How to Handle an Insurance Company

Rush-Injury-Law_1000_Blog-Graphics_1 (1).jpg

Accidents happen, but sometimes even though you suffer an injury, whether it is from an automobile accident or an injury at work, your insurance company may refuse to pay your personal injury claim. If you were bit by a dog and have a claim against the homeowner's insurance policy, their company may initially refuse to approve your claim. Below are a few ways to handle an insurance company refusing to pay a personal injury claim.

Filing a Claim

In California, insurance companies have 15 days to respond to claims involving home, automobile, and other related injuries. Insurance companies must acknowledge the claim within 15 days of receipt, and must make a determination and decision accepting or denying the claim within 40 days. If your claim is approved, the insurance company has 15 days to provide payment of the agreed upon settlement amount once you sign a release, and 30 days in most other circumstances to pay you your settlement.

Insurance companies also have a requirement to exhibit good faith and to not make an unreasonably low settlement offer and to not unreasonably delay the adjudication and processing of your claim. The insurance company you are working with is legally required to be honest with you, complete a full investigation of your claim, and not enact any discriminatory practices.

Also, insurance companies must notify you in writing if there are delays in processing your claim and explain what those delays are. They must exercise good faith in the delay, and outline, specifically, what is delaying the claim. If they are missing documents or awaiting information from you or another party, they must tell you that information.

Insurance Company Tactics

Insurance companies occasionally use unsavory tactics to deny or delay your claim. Be careful with signing medical releases, because in many instances insurance companies can use the releases to obtain medical records that preceded your injury. You should avoid accepting an immediate settlement offer, especially if the company wants you to sign a release of claims. Insurance companies can attempt to

How to Handle a Denied Claim

Once you file a claim, it is wise to seek legal representation. Besides having to recover from a potentially life changing injury, it is extremely time consuming to argue with an insurance adjuster about your claim. A skilled attorney can directly negotiate a settlement with the insurance company and protect your interests. Many insurance adjusters and companies request that the claimant complete a recorded statement or interview, and many times use the context and content of the interaction as a means to devalue your claim. Also, insurance companies are inclined to delay your payout to discourage you from seeking compensation. Although not all insurance companies and adjusters use these tactics, making an improper statement to a claims adjustor could potentially lead to your claim being denied.

If you have an insurance claims issue, contact Rush Injury Law today for a free consultation from an industry leading expert.


No Comments

Leave a comment
Comment Information
Email Us For A Response

Want A Free Consultation?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us
Our Locations
  • Novato Office
    10 Commercial Blvd
    #206
    Novato, CA 94949

    Toll Free: 844-494-RUSH
    Phone: 415-985-7225
    Fax: 415-897-5316
    Novato Law Office Map

    San Francisco Office
    75 Broadway
    #202
    San Francisco, CA 94111

    Phone: 415-985-7225
    Map & Directions

    Santa Rosa Office
    3558 Round Barn Blvd
    Suite 200
    Santa Rosa, CA 95403

    Phone: 415-985-7225
    Map & Directions

    Mailing Address

Phone Numbers
  • Phone: 415-985-7225
  • Fax: 415-897-5316
  • Toll Free: 844-494-RUSH