If you're wondering why the insurance company denied your claim, you're not alone. Unfortunately, Alabama has an alarming rate of claim denials, for reasons that most drivers don't understand. What happens when you file a claim is that the insurance companies immediately try to look for ways to get out of paying. Even when it's not your insurance company that's paying, they're not on your side.
Alabama's odd laws and insurance companies on the prowl and looking only after themselves makes it really difficult for drivers. It's fair not to know what to do if your claim receives a denial. Don't worry. We have a brief explanation of the most common reason for denial and how to navigate that issue whenever it arises.
What You Should Know About Pure Contributory Fault
Alabama uses a pure contribute fault system, which basically means that if you attributed even 1% of fault, you get nothing. Insurance companies will use speeding, an expired license, late registration, and anything other infraction to use this out. They prey on people who didn't realize they were making a mistake to turn them from victim into the at-fault driver, and it's not fair.
Unfortunately, this issue leads to most claim denials. In other states that use a comparative fault or non-pure contributory fault system, they'll use a similar method to decrease the payment. In Alabama, it just means you get nothing at tall.
It's Really Not About Why the Insurance Company Denied Your Claim
An insurance company could claim that they detect fraud or that you contributed to the crash. It really doesn't matter exactly why the insurance company denied your claim, only the fact that your claim didn't get to go anywhere. You pay into your car insurance, and because of that, you expect coverage when the time comes. However, it's usually not your insurance policy paying you, but the at-fault driver's policy paying.
That's one of the top reasons for bringing in a Birmingham auto accident lawyer. Having someone who knows how to work with these insurance companies can help hold them to the standard that their consumers expect. You deserve coverage, and if they want to deny the claim, then it's time to move your claim forward.
Appeals and Overturning a Denial
It is possible and fairly common for an attorney to help overturn the insurer's decision. It's possible that an experienced attorney could go through the basic facts of the case and quickly prove that the decision wasn't justified.
Through the appeals process, you'll work closely with a local car accident lawyer, and they will work with the insurance company. Often this is enough for companies to reevaluate their stance because the next step is a lawsuit against the insurance company that could put them at even greater financial risk. Usually, insurance companies would rather reevaluate the claim and offer a settlement than go forward with the expenses of a bad-faith lawsuit.
Reporting Insurance Companies and Filing a Bad Faith Case
You can report an insurance company to the Alabama Department of Insurance through their complaint system. It's best to initiate your complaint with an attorney to ensure that the complaint itself is succinct, efficient, and based entirely on fact rather than emotion.
Aside from your complaint, you'll want to file a bad faith case. These are growing in popularity through Alabama, as it's clear that insurance companies will often do anything possible to get out of paying. A bad faith insurance refers to the insurer backing down from their obligations. The most common foundation for a bad faith case is that the insurer refused to pay out on a legitimate claim.
The point of these cases is to show that you still need your losses covered and can't have an insurance company swindle you.
Contact A Birmingham Car Accident Lawyer Immediately
Birmingham is full to the brim of denied car accident insurance claims. What happens is that people pay on their policies religiously only to receive a denial for something as stupid as speeding by a few miles per hour over the limit. It's not fair for the people who drive well, are careful, and still, get stiffed. Don't get locked into what seems like an unwinnable fight, level the playing field, bring in the Mike Bell Firm.
At our Birmingham accident injury law firm, we take a strong stance on insurance claim denials and fight them aggressively. If the insurance company denied your claim, and it was a reasonable and legit, then there's an issue. We'll take your denial forward as a complaint, and even file directly against the at-fault driver.
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