Possible Reasons Your Personal Injury Claim was Denied in New York

Lever & Ecker, PLLC June 3, 2021 Free Consultations,Personal injury

Experiencing a serious personal injury accident in New York State can leave victims with devastating long-term damage. Depending on the nature of the accident, where it took place, and other relevant factors, your personal injury claim may be denied by your insurance provider. When this happens, victims and their loved ones may feel as though they have nowhere to turn. 

Any victim in the state of New York who has recently been denied coverage by their insurance company, following a serious personal injury accident, should contact a trusted personal injury lawyer to help them make sense of the situation in addition to determining the best course of action for their unique circumstance.

Common Reasons that NY Personal Injury Claims are Denied

Personal injury cases occur across the state of New York every single day. Whether a victim has been hurt while on the job, in a car accident, or as a result of medical malpractice, they deserve the opportunity to recover from the incident without worrying whether or not their insurance will cover the cost of their medical expenses. However, there are a variety of unique circumstances where an insurance company may deny a personal injury claim, including:

• The personal injury accident was avoidable
• The reported injuries were pre-existing
• The claimant failed to file a complaint after the accident
• The medical records of the claimant show no indication of injury
• The claimant or insurance company filed medical paperwork or claim information incorrectly
• The amount of the claim is beyond the maximum amount of coverage
• The claimant was responsible for the accident

Regardless of the potential reason that a personal injury claim may have been denied, victims still require coverage for the physical damage that they suffered as a result of the accident. In these instances, victims in New York State may often wonder how they can move forward when they have been denied by their insurance company. Working with an experienced personal injury lawyer can provide great insight into the next possible actions that a victim can pursue. 

What Are My Options After My Personal Injury Claim Is Denied?

Although it can be overwhelming for a claimant to hear that their personal injury claim was denied, they still may have options. Depending on the reason that your initial claim was denied, you can still present proof of how severe your injuries were to the insurance company by providing them with relevant medical documentation or photographs of the injuries. 

In addition to certain actions that you can take, there are also specific ones that should be avoided. Victims of personal injury accidents in New York should ensure that they: 

• Do not post information about your accident on social media
• Do not settle for “quick cash” from an insurance provider
• Do not make any recorded statements that an insurance company could use against you
• Do not accept financial incentives from insurance providers to receive an evaluation by their therapist, doctor, mechanic, or other professional

Certain cases of a personal injury claim being denied are done in “bad faith,” which means that they were denied for illegitimate reasons. Most cases of an insurance company acting in bad faith, or in breach of their contract, require the assistance of a knowledgeable personal injury lawyer in New York State who can litigate on the claimant’s behalf.

Insurance Companies Acting in Bad Faith or Breach of Contract

It can be difficult for victims of New York personal injury accidents to obtain the insurance coverage they require if their insurance company is acting in “bad faith.” Bad faith refers to the failure of an insurance company to breach its duty of care by failing to investigate a claim submitted to them for an unwarranted reason. When an insured individual signs on to an insurance policy, the company they are choosing to work with enters into a contract with them. As a result, when a personal injury claim is denied without a substantial reason, the inaction of the insurance company is a breach of contract.

An experienced personal injury lawyer can help a claimant identify if their insurance company acted in bad faith or in breach of their mutual contract. Skilled legal representatives can also help the victim obtain compensation or damages that occurred due to the denial of the claim. Lawyers can speak with insurance companies and gather evidence that points to whether or not the claim was fully investigated or if the insurance company failed to pay the victim on a valid personal injury claim.

Depending on the details of the incident and how the insurance company responds, a reliable lawyer may be able to pursue a bad faith claim against them and hold the company liable for punitive damages due to the personal injury claim that they initially denied. Having a New York personal injury lawyer on your side can drastically improve the integrity of your claim and strengthen your case.

Contact a Skilled Personal Injury Lawyer in New York

Obtaining financial assistance after experiencing a personal injury accident is key to recovery. Being denied that opportunity can make it difficult for many victims to move forward with their life after their accident. Working with an experienced New York personal injury lawyer can help you understand the next steps to take after your personal injury claim has been denied. 

The dedicated lawyers at Lever & Ecker are well-versed in legal matters related to serious personal injury accidents, and they have helped a variety of clients across the state of New York. When you are ready to move forward with your claim, the team at Lever & Ecker can help.

If you are looking for reliable assistance and representation for your New York personal injury case, contact Lever & Ecker by calling 914-288-9191 or 718-933-3632. You can also reach out to us online to schedule your free consultation with one of our qualified New York lawyers.