Denied car accident claim in Texas? Learn the steps to appeal, gather evidence, and work with an attorney to fight for the fair compensation you deserve.It is not uncommon for a car insurance claim in Texas to become more complicated than you thought it would be. When an insurance company is not willing to provide fair compensation, it may deny the claim, but that does not mean you are not owed compensation. It is critical to learn how to appeal a denied car accident claim in Texas.
The process involves correcting errors, providing more evidence, and using an attorney to guide you. Here is what you should know from a San Antonio car accident attorney.
Verify the Problem with the Insurance Claim and Correct It
Insurance companies that deny claims will provide you with a detailed explanation of what was incorrect, what was missing, or what details led them to make this decision. This written document will offer steps for you to take to provide the information or clarify your claim. There are several steps to take right away:
- Read the document sent that includes the denial reason
- Determine what evidence you have that could be used to overturn that specific concern or what other evidence may be available to support your claim
- Learn how long the insurance company is giving you to take action
At this point, it is beneficial to contact a car accident attorney in Texas for help. Your lawyer will be able to provide comprehensive information about what evidence may be available to back up your claim and how to prove your right to compensation. Working with a lawyer protects you.
Draft a Formal Appeal
Your car accident lawyer will need to create a formal appeal letter that is organized and easy to navigate. It must include factual statements about what happened. Leave out all types of emotional language and stick just to the facts.
Gather and present all evidence you have that refutes the claim made against you. This is also very critical. Make it clear that you are submitting what is necessary to prove your claim.
Submit the claim to the insurance company again, following the specific instructions for filing an appeal provided to you. You can expect this process to include a specific address or method to reply to for that insurance company.
Consider a Lawsuit
If the appeal fails or you cannot get the insurance company to take your claim seriously, it may be time to file a formal lawsuit against the at-fault party. Under Texas law, you have two years to file a lawsuit for the injuries and losses you have, or you lose the right to seek compensation. As long as you are within that timeframe, your attorney will help you file your lawsuit.
This process will include answering questions and, in some cases, navigating a deposition and questioning from the at-fault party. Whenever possible, hire a lawyer to guide you through this process, including handling all insurance company questions and claims made against you.
Filing a lawsuit is not always necessary. Most often, insurance companies will settle the claim with you, but the burden of proof is always on your shoulders.
Seek Legal Guidance as Soon as Possible
Appealing a denial for a car accident claim in Texas can be challenging. By working with a lawyer, you minimize some of these risks and open the door for getting your claim accepted and paid.