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No Fault Insurance Laws and Other Reasons Your Claim May Get Denied...No fault insurance laws may be the reason your claim for accident compensation gets denied.Or it could be that the adjuster is trying to pressure you into dropping your claim. If you have no fault insurance there's not a lot you can do. No fault insurance laws deny you personal injury compensation from a third party and, because it's written into your insurance contract, that's usually the end of it. Definition of No Fault - when you receive accident compensation from your own insurance company without proof of fault, BUT are also restricted from filing a civil lawsuit to recover damages. If your compensation claim is denied for another reason, it's generally something you can argue against. Aside from no fault insurance laws, a claim might be denied because the adjuster says there's a problem with the policy. Policy problems can be anything from not having enough coverage to having an expired policy. These examples can sometimes be used by the adjuster as a bad faith negotiating tactic. Instead of throwing you a lowball settlement offer, they just try to get your claim to go away altogether. The first thing to do when faced with a denial is to request written denial information. If the policy has lapsed, then the adjuster will be able to show you proof. If the policy didn’t come with enough coverage, that should also be backed up with evidence. The simple request for written documentation will show you whether or not the adjuster was bluffing. They’ll lie over the phone in a heartbeat, but they aren’t about to do it in writing. If they deny your compensation claim, but won’t give you a reason in writing, you should take action to force a response. Write a letter to the adjuster that confirms your conversation, your request for a written explanation and their refusal to cooperate. Keep a copy of this letter in your files. The adjuster's boss won’t be pleased with this, as it'll prove very unfavorable if the personal injury claim becomes a lawsuit. If you find it's true that the insurance has lapsed or the insured truly wasn’t responsible, you can try to go after someone else. Don’t forget, there may have been more than one person liable in your accident. In a slip and fall case against a business their insurer may prove that the business had no duty to maintain that part of the property. In that case, you turn your claim towards the property owner. If there's no one else to file a compensation claim against, but the insurance has lapsed, then talk to a personal injury lawyer to see if there's another way you can get the liable party to pay. Some policies only cover damages up to a certain amount. These amounts are usually state controlled. If you're claiming compensation for twenty thousand dollars and the insurer proves the policy limit is fifteen thousand, you can try to force a settlement for that amount. The adjuster can't deny you damages just because their insured isn’t covered for the total amount of damages. This also means you won't have to defend every last penny of your claim. If you can demonstrate that your damages were above fifteen thousand (the policy maximum) for example, there's nothing the insurer can do except settle for the full policy limit. If your damages were far greater than the policy limit, then you'll want legal help. A personal injury lawyer can help you determine whether or not the liable party has other assets you can bring suit against. When no fault insurance laws don’t apply, the denial of a compensation claim is usually just a crude negotiation strategy. Handle it with care, but don’t let it intimidate you. Just keep showing the insurance claim adjuster that you know what you’re doing and have documented evidence to back-up your case. Return from No Fault Insurance Laws to Negotiation Strategy Return from No Fault Insurance Laws to Personal Injury Settlement Guide Personal Injury Areas How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter.Click below to read our full User Agreement, Disclaimer and Copyright Information.
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