If another driver caused your accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Unfortunately, auto insurance companies don’t always prioritize the well-being of injured parties and may unjustly reject their claims.
In Georgia, if you believe you’ve faced bad-faith treatment or unfair practices from an insurance company, you have the option to sue. That said, there are other ways to challenge a claim denial by the other driver’s insurance company, and an experienced attorney can help you explore those options.
Our seasoned Atlanta Car Accident Lawyer are ready to assist you in determining the most effective course of action for your case.
Can I File a Lawsuit Against an Insurance Company for Denying My Claim?
Auto insurance is supposed to provide financial support for victims facing losses due to an accident. Unfortunately, this coverage isn’t guaranteed. Despite regularly receiving premium payments, insurance companies may hesitate to fulfill a claim, even when liability seems obvious.
Fortunately, under Georgia law, individuals have the right to sue insurance companies that unjustly deny their claims. Aside from pursuing a lawsuit, one of our attorneys can advise you on alternative methods of challenging a claim denial.
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Can I Appeal a Claim Denial?
Initiating an appeal with your insurance provider is a fast way to overturn the denial and secure the compensation rightfully owed to you. Following a denial, the insurance company is obligated to provide clear reasons for their decision.
Keep in mind that the appeals process is an internal procedure, meaning you must depend on the insurance company to conduct a self-review. If the denial stems from a mistake or requires additional evidence, the process may be relatively straightforward.
However, insurance companies may lean toward maintaining their initial decisions. They might actively seek grounds to uphold the denial of your claim, making it challenging to obtain a settlement.
When Can I Sue the Other Driver’s Insurance Company for Denying My Claim?
In Georgia, accident victims can file a lawsuit against the at-fault party’s insurance company if the claim denial was in bad faith or constituted a breach of contract. Although bad faith and breach of contract can arise from the same conduct, they represent distinct legal claims.
This distinction means that even if establishing bad faith is challenging, you may still be able to prove that your insurance company’s unfair business practices resulted in a breach of contract. An experienced attorney can be invaluable in this situation.
What Is Considered an Unfair Business Practice?
Insurance companies often engage in business practices that Georgia’s Fair Business Practices Act deems unfair. These practices can range from glaringly unfair to seemingly minor.
Examples of potentially unfair insurance practices include the following:
- Failure to furnish forms and instructions for completion
- Neglecting to provide clear timelines
- Absence or neglect of procedures for prompt investigation and settlement of claims
- Denying claims without a reasonable investigation
- Slow resolution of claims when liability is evident
- Offering settlements significantly below the claim’s actual value
- Failure to confirm or deny coverage within a reasonable timeframe
- Lack of a reasonable explanation for the basis of claim denial
The same unfair business practices that lead to a breach of contract can also serve as evidence of bad faith in many instances.
Will My Case Go to Court?
When you file a lawsuit, the insurance company may rethink their decision once they realize they are dealing with an experienced accident injury lawyer and not just an auto accident victim.
Upon the filing of a lawsuit, you gain the right to collect evidence from your insurance company, potentially unveiling how your claim faced unfair denial. In light of this, insurance companies are often inclined to offer a fair settlement rather than run the risk of your case proceeding to trial.
If your claim has been unjustly denied due to an insurance company’s negligence or willful actions, our auto accident attorneys stand ready to assist you in obtaining the compensation you deserve.
Free Consultation With a Georgia Personal Injury Lawyer
Take the first step towards securing the compensation you deserve after an auto accident by scheduling a free consultation with our experienced attorneys. We understand the complexities of insurance claims and will work tirelessly to protect your rights.
Whether you need assistance in appealing a denial, filing a complaint, or pursuing a lawsuit against an insurance company or at-fault driver, John Foy & Associates is here to guide you. Don’t let an unfair denial deprive you of the compensation you need for medical expenses and other damages.
Contact our team today for a free, no-obligation consultation.