If Allstate denied your bicycle accident claim, you can appeal the decision. However, the insurance company should also clearly explain why it denied your claim in the first place. It must have a valid reason, or it risks violating Louisiana’s good faith insurance laws. A bicycle accident lawyer can evaluate the reason for your claim’s denial and implement a course of legal action.
What Can Cause Allstate to Deny My Bicycle Accident Claim?
Allstate may deny an injury claim if:
- The policyholder missed their payments, resulting in a lapse in coverage or policy termination.
- The liable policy does not cover your situation.
- The at-fault party deliberately caused the bicycle accident.
- The at-fault party drove while intoxicated, violating the terms of their insurance policy.
- You did not provide sufficient evidence that you suffered injuries or property damage in the bicycle accident.
- Another party caused your collision––not the policyholder.
There are many other reasons that Allstate may use to deny your claim; not all of them are valid. You could consult a bicycle accident attorney if you suspect that Allstate denied your claim in bad faith.
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Can I File a Complaint with the Louisiana Department of Insurance?
If Allstate wrongfully denies your claim, you can escalate the matter to the Louisiana Department of Insurance (LDI). It investigates insurance-related disputes throughout the state, including denied claims, delayed payments, and unfair settlements.
You have two ways to file the complaint:
- You can fill out the online complaint page on the LDI’s website.
- You can print the complaint form, fill it out manually, and mail it to the LDI’s office in Baton Rouge.
Some of the information you need to provide when making your complaint include:
- The name and address of the involved insurance company (which is Allstate, in this scenario)
- The name and policy number of the at-fault party
- Documents of your messages or conversations with Allstate and the insurance agent. You should also include any correspondence with involved parties, such as your doctor.
- An explanation of why you suspect Allstate wrongfully denied the claim
How Will the LDI Investigate Your Allstate Bicycle Accident Claim?
Once the LDI receives your complaint, it will investigate the Allstate bicycle accident claim dispute formally. You can expect the agency to give you your file number to track the complaint’s progress and the person in charge of investigating the matter. Ideally, the notice should arrive within a week of filing your complaint.
The LDI will then review Allstate’s denial and request an explanation. If the department is not satisfied with Allstate’s response, it will investigate further to determine if the company violated any good faith insurance laws. Though the exact time period varies per case, claim complaint investigations typically finish in around 45 days.
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What Happens if Allstate Engaged in Bad Faith Insurance Practices?
If the LDI finds Allstate acted in bad faith regarding your claim, it will take administrative action against the company. Allstate then has to pay you the damages owed in your claim and could also face other penalties.
Sometimes, the courts award punitive damages. Your attorney can evaluate your case and explain whether you can pursue punitive damages via litigation.
Your lawyer can explain more after evaluating your situation.
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You Have Other Options Outside of Filing an Insurance Claim
An insurance claim isn’t your only option if Allstate denies your claim or acts in bad faith. You can sue the at-fault party directly for damages. Here’s what you need to know about civil litigation:
You Must Follow the State’s Statute of Limitations
CC Art. 3492 notes that you generally have one year to file your lawsuit in Louisiana. Filing a claim, negotiating a settlement, and dealing with the insurer does not extend this deadline. When you promptly partner with an injury lawyer, they can determine whether a lawsuit could benefit your situation.
If so, they can file your case within the applicable period and advocate for what you need. They can also manage everything litigation requires.
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Our Bicycle Accident Attorneys Can Review Your Case
If you are dealing with a bicycle claim wrongfully denied by Allstate or another insurance company in Louisiana, you can always seek legal assistance. Laborde Earles Injury Lawyers can explore your options for recovering damages. We can also represent you in all court proceedings or insurance negotiations.
You can discuss your case with us today by calling our support team. We are available 24/7, and there is no obligation to partner with us when you call. We handle injury cases on a contingency-fee basis. You owe us nothing until you recover compensation for your bicycle accident injuries.
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