If you have been injured in an accident caused by another person, Indiana personal injury laws provide a means for you to recover compensation for your injuries, losses, and damages. Examples of injuries that fall under this category of law include:
- Motor vehicle accidents including semi-truck accidents, motorcycle crashes, and car collisions
- Premises liability cases (i.e. slip and fall accidents, pool accidents, etc.)
- Bicycle crashes
- Pedestrian accidents
- Defective products, including dangerous drugs and defective medical equipment
- Railroad accidents
The first step in recovering compensation is filing an injury claim with the insurance company for the other party. For example, you file a claim with the other driver’s insurance company if a driver turns left in front of you or rear-ends your vehicle. The insurance company assigns a claims adjuster to handle your claim. The adjuster decides whether to pay your claim or deny your claim.
Why Does a Claims Adjuster Deny an Injury Claim?
The claims adjuster works for the insurance company. It is his 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 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 the insurance company for that person.
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 of The Denial of Claim
Tell the claims adjuster you want a written explanation of the basis for the 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 to call a personal injury lawyer immediately.
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 attorney for the insurance company. The attorney’s opinion is not necessarily correct. You want a personal injury attorney who is working for your best interest to review the matter to 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 a Bloomington personal injury lawyer as soon as possible after an accident is in your best interest.
Call A Bloomington Personal Injury Lawyer Now for A Free Appointment
Call The Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536 to speak with a Bloomington personal injury lawyer. You may also reach our office 24 hours a day, 7 days a week through our Live Chat feature. It doesn’t cost you anything to get our advice so protect your right to receive compensation by schedule a free consultation.