How to Sue Your Insurance Company for Denying Your Car Accident Claim in New York
Insurance companies deny claims all the time for a number of reasons, some good but others not. Damages from car accidents can be substantial, so where your claim has been denied, you deserve to explore every option to get the financial relief that you are owed.
This may include bringing the insurance company that denied your claim to court. Through damages, you can recover the amount that you were originally owed, plus additional punitive damages if the insurance company frivolously denied the claim or otherwise acted in bad faith.
To discuss your legal options for pursuing the money that your insurance company owes you, reach out to The Carrion Law Firm’s seasoned New York car accident attorneys. When you call our offices today at (718) 841-0083, you can get a first-time case assessment for free.
Can You Sue Your Car Insurance Company for Denying Your Claim in New York?
If your car insurance company recently denied your claim, you may want to consider discussing your options with a Queens car accident attorney. While some insurance claims denials are valid, the insurance company may have mistakenly or deliberately issued a denial on your otherwise valid claim. In these cases, the only way to obtain the monetary remedy to which you are entitled may be through the justice system.
It is important to remember that New York is a no-fault car insurance state. Practically, this means that car accident injury victims are generally required to recover compensation for their harms through their own insurance provider, even if another driver was responsible for causing a car accident. A limited exception to the no-fault rule exists only where the victim’s injuries exceed the statutory definition of what is considered “severe” in New York. If you are not sure whom to look to for compensation after a car accident, discuss your case with a dedicated New York car accident attorney before taking any next steps.
You can, in fact, sue your insurance provider for denying your claim in error. When you purchase coverage from an insurance provider, you enter into a contract with the provider. If the insurance company does not live up to their end of the contract, you can name them in a breach of contract action.
This is particularly important if you have reason to believe that your insurance company has acted in bad faith in denying your claim. Insurance companies act in bad faith when they issue frivolous denials of claims, unnecessarily delay payments on valid claims, or exert unfair pressure on claimants to settle for less than they deserve. In a successful lawsuit against a car insurance company alleging bad faith, the plaintiff can recover additional punitive damages from the insurance company on top of what they were already owed in compensatory damages for the erroneous denial of the claim.
What to Do After Your Insurance Company Denies Your Car Accident Claim in New York
Once you are notified that your claim has been denied, there are a few steps you should take before jumping straight into a lawsuit. The first of these steps is to ensure that the insurance company has provided the basis for their decision to deny your claim. The reasoning that the insurance company gives should be in writing. Most insurance companies automatically generate a denial letter which will contain the reasons for the denial. If you do not receive such a letter, you should request one immediately.
Your contract with the insurance company may contain language that dictates how the appeals process works. You can request that the insurance company review the determination made by the representative (also known as a claims adjuster) in your case. This could involve the hiring of an independent claims adjuster to conduct their own objective investigation. You can also file a complaint with the state’s Department of Financial Services, with which our experienced Bronx car accident attorneys can assist you.
Do You Need an Attorney When Suing Your Insurance Company for Denying Your Car Accident Claim in New York?
While you are not required to obtain legal representation to dispute an insurance claim denial in New York, having a dedicated Pittsford car accident lawyer on your side can benefit you in more ways than one.
New York City car accident lawyers are already familiar with the complex procedural rules of insurance denial appeals and the aspects of bad faith allegations and can explain the often-vague language of your insurance policy and contract as it pertains to your claim. You can also leave all communication with the insurance claims adjusters and representatives to your Brighton car accident lawyers so that you can avoid additional stress while you are also dealing with the consequences of your injuries. Insurance companies that know they are dealing with a claimant who has legal representation are less likely to attempt underhanded tactics or exert pressure that could constitute bad faith.
Before taking any additional steps in your case, reach out to a Brooklyn car accident attorney as soon as possible to help you recover what you are owed.
How Long Do You Have to Sue Your Insurance Company in New York?
A lawsuit against one’s own insurance company for an erroneous or bad faith claim denial must be filed in court within the appropriate time window provided by the statute of limitations. In New York, the statutory period for filing lasts for six years. However, the language of the policy contract between you and the insurance company may put additional time constraints on your ability to file, so it is important that you act quickly. If you miss your filing window, you will be left unable to recover the compensation that you deserve.
Our New York Car Accident Lawyers Can Help You Sue Your Insurance Company in New York
If your recent car accident insurance claim was wrongly denied, let the seasoned Long Island car accident lawyers at The Carrion Law Firm help you get justice. Get started by calling us at (718) 841-0083 for a free initial case assessment.