When an insurer improperly denies a claim, it can often lead to an insurance dispute. Accident victims in Houston need the help of a trusted auto accident attorney in order to protect their legal right to fair compensation. There are many common reasons for insurance denials that you need to know in order to make sure you are not taken advantage of by a large insurance provider.
If your claim was unfairly denied by an insurance company, you should consult with a Houston personal injury lawyer right away. The attorneys at West Loop Law and the Law Office of Nhan Nguyen, MD, JD can review your case and let you know if you are the victim of wrongful insurance denial.
Broken Requirements
There are strict rules for filing claims. You have to follow the filing requirements of the insurance provider for a valid claim in Texas. Most insurance companies require that accidents be reported as soon as possible, and many claimants will often miss the filing deadline. Sometimes these deadlines are very specific, such as 72 hours after the accident. If you miss a step or just wait too long to file your claim, the insurance provider may use this as a justification to deny coverage.
Liability Dispute
The insurer may deny coverage if the company believes that its policyholder is not liable for the accident. You need to explain why you believe that the insurance provider is liable for your damages, and failure to do so may mean that the insurer will deny your claim by refuting liability. You and your attorney must respond with an in-depth explanation of why the insurer is liable for your losses.
Comparative Fault
The insurance provider may argue that you contributed to your own injuries, a defense commonly referred to as comparative negligence. This does not completely bar you from obtaining compensation in Texas. You may still be able to recover some financial compensation even if you partially contributed to the accident. However, the insurer may still be able to roll back your financial coverage in relation to your own percentage of liability.
Failure to Seek Medical Treatment
After an accident in Houston, it is crucial that you seek immediate medical treatment. If you delay treatment, the insurer may argue that you failed to remedy your injuries, leading to a denial of benefits. If you fail to see a physician, it will leave you without an officially diagnosed injury. Provide a comprehensive list of your symptoms to your doctor or healthcare professional, including any pain and suffering related to the accident. To be eligible for insurance coverage, your medical records must clearly demonstrate your losses.
Pre-Existing Injuries
Pre-existing injuries are commonly used by insurance providers as a way to avoid paying out deserved compensation, but this is not enough to bar you from insurance coverage in Texas. Insurers are required to take plaintiffs as they are at the time of their accidents, regardless of pre-existing injuries or health conditions. Some common pre-existing conditions include:
- Congestive heart failure
- Diabetes
- Epilepsy
- Severe obesity
- Pregnancy, and
- Severe mental disorders
If an insurance provider attempts to deny your claim based on a pre-existing injury, your lawyer can argue your case and fight for your right to compensation.
Bad Faith Insurance Practices
Sometimes, an insurance denial doesn’t have a clear-cut reason. Because insurance providers are legally obligated to explain their reason for a rejected claim, these are wrongful denials. Your personal injury lawyer in Houston Tx can help you reach out to the insurer to request a reason for the denial.
If the insurer provides a justification unrelated to your case, this may be proof of bad faith insurance practices. Bad faith is when an insurance provider deliberately mishandles your claim. Victims of insurance bad faith can pursue a suit against the insurance company itself with the help of a trusted lawyer.
Personal Injury Lawyers in Houston
The team of Houston car wreck lawyers at West Loop Law and the Law Office of Nhan Nguyen, MD, JD can help you recover after being unfairly injured by a reckless driver. Nhan Nguyen, MD, JD, Nader Rabie, JD, and the rest of our team of experienced attorneys have over 14 years of combined experience, and we have the resources to pursue all possible avenues for compensation.
Give us a call today at (713) 840-7200 to discuss your case and see what we can do for you.
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