Attorney Vicky Nunn joined our office in 2004 and is admitted to practice before the Indiana Supreme Court and all Circuit and Superior Courts in the State of Indiana. She is also a member of the Indiana Trial Lawyers Association.
If you have been injured in an accident caused by another person, Indiana personal injury law may provide a means for you to recover compensation for your injuries, losses, and damages. Injuries that fall under this category of law can result from any of the following:
The first step in recovering compensation is pursuing an injury claim with the other party’s insurance company. The insurance company then assigns aclaims adjusterto handle your claim, and this adjuster will decide whether to pay or deny your claim.
Why Would a Claims Adjuster Deny an Injury Claim
The claims adjuster works for the insurance company. It is his or her job to carefully review each injury claim to determine if there is a valid reason for denying the claim. It is in the best interest of the insurance company to deny your claim because insurance companies are in business to make money—paying an insurance claim is contradictory to making money.
Therefore, the claims adjuster may deny the claim for several reasons, including the following:
The policy does not cover the nature of the accident.
The insurance policy has lapsed.
You failed to prove that the insured caused the accident.
The policy does not cover the location of the accident.
The accident did not cause your injuries.
The person who caused the accident is not covered by the insurance policy.
Regardless of the reason why your insurance claim is denied, the denial of the claim is not the end of the matter. You have the right to continue to pursue a claim against the person who caused the accident and their insurance company.
The denial of your insurance claim may be in bad faith or in breach of contract. A personal injury lawyer will review the policy and the facts in the case to determine if the denial is based on a valid, legal reason. In many cases, the claims adjuster is trying to “bully” you into dropping your claim. Don’t fall for this tactic!
Demand an Explanation for The Denial of Your Claim
Tell the claims adjuster you want a written explanation of the basis for denial, including a copy of the relevant part of the insurance policy related to the denial. If the claims adjuster refuses to provide a written explanation of the denial, you need tocontact a personal injury lawyerimmediately.
Likewise, if the adjuster tells you that the attorneys for the insurance company have denied the claim or provides a letter from an attorney denying the claim, this is not the end of the matter. This is simply the opinion of the insurance company’s attorney. The attorney’s opinion is not necessarily correct. You want a personal injury attorney who is working for your best interestto review the matter and ensure you are not being misled.
Filing a Personal Injury Lawsuit
If the insurance company refuses to respond to your claim or your request for an explanation of the denial of your claim, you may need to file a personal injury lawsuit. However, you have a limited time to file a lawsuit under Indiana’s statute of limitations. If you don’t file the lawsuit before the deadline, you lose the right to receive compensation.Contacting TheKen Nunn Law Officeas soon as possible after an accident is in your best interest.
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