If your bicycle accident claim was denied by Esurance Auto Insurance, you do not have to accept it. You have the legal right to appeal the denial and pursue the compensation you deserve. There are a couple of ways to do it. You can fight a claim denial with the proper knowledge and resources. You can contact a bicycle accident attorney in Louisiana who has the knowledge and resources to do it for you.
Big insurance companies like Esurance have insurance adjusters and high-powered legal counsel to defend their interests. You deserve to have a legal advocate fighting for your interests as well. Unfortunately, with medical bills and lost wages weighing you down, you may not be able to afford a denied bicycle accident claim. Here is how an attorney can help you through the appeals process.
Understanding the Reasons for Your Bicycle Claim Denial
A bicycle accident claim may be denied for any number of reasons. To effectively appeal the decision, it is important to not only understand those reasons but to know whether they are genuine good-faith reasons. Insurance companies like Esurance make a lot of money and generally like to hang on to it. One of the ways they do that is by denying claims. Some of these reasons may be legitimate, but others may not be.
We Can Determine This from Your Denial Letter
Esurance should have sent a letter denying your claim and listing the reasons why. If you have received such a letter, a bike accident lawyer can review it to determine what issues in your claim need to be addressed to appeal effectively. If you have not received a denial letter, our law office can request it from the insurer on your behalf.
Reasons Your Claim May Be Denied by Esurance
Reasons an insurance company like Esurance might deny a bicycle accident claim are:
- Errors and inaccurate information in the paperwork
- The insured driver’s policy lapsed
- The driver who hit you is not covered under the policy
- The insurer believes you were at fault
- Insufficient evidence of your injuries
- Insufficient evidence to insurance liability
- You waited too long to get medical attention
- The insurance company asserts your injuries are pre-existing
For a free legal consultation, call (337) 777-7777
Building a Stronger Case for Compensation in Your Bicycle Accident Claim
Any of the above reasons may warrant Esurance denying your claim. If so, it is necessary to investigate your accident to build a stronger case.
An attorney from our firm will:
- Look into the at-fault driver’s insurance policy
- Determine who caused the accident
- Gather evidence of driver negligence (photos, videos from a variety of sources such as cell phones, dash cams, traffic cameras, surveillance footage)
- Review the crash report
- Request medical records and other evidence of your injuries
- Speak to witnesses
- Obtain expert testimony from medical professionals, crash reconstructionists, economists, or life care planners
- Retrieve documentation of your accident-related financial losses, including medical expenses, income loss, incidentals, and more.
The investigation and evidence-building process are crucial to confidently demanding fair compensation. But, first, Esurance needs to see where its denial was made in error.
They may be acting in bad faith if they are unwilling to reverse their decision in the face of valid evidence but cannot supply any legally justifiable reason. An attorney at our firm can stand up to the insurer using the law and hold them accountable for this or other bad faith actions. You may even be able to sue the insurance company for their actions.
A Bicycle Accident Insurance Claim Denial May Be Bad Faith
Per Louisiana Revised Statute § 22:1973, insurers must be fair and timely in adjusting claims. Further, they must make a genuine effort to settle these claims. The law names several actions by an insurance company that are bad faith:
- Failing to pay out a valid claim within 60 days of receiving satisfactory proof of loss from the claimant when such failure is arbitrary, unreasonable, or without probable cause.
- Failing to disburse settlement funds within 30 days of a written agreement.
- Denying coverage or attempting to settle a claim based on an application the insurer knows was altered without the insured’s notice, consent, or knowledge.
- Lying or misleading a claimant about whether or when the claimant can take legal action
- Misrepresenting the facts or policy provisions about any coverage
Contact a Bicycle Accident Attorney from Our Firm for Help Appealing a Claim Denial
Laborde Earles Injury Lawyers can assist you with any part of the insurance claims process. Whether you are starting a claim for the first time or Esurance denied your bicycle accident claim, a lawyer from our firm would dedicate the time and resources to get you the compensation you deserve.
We will investigate the accident, gather the necessary proof of negligence and liability, and retrieve evidence of your losses and injuries to build a compelling case. Our law firm has achieved results for thousands of clients. We never charge a legal fee unless we win your case. Call us today for a free case evaluation.