What If My Bicycle Accident Claim Was Denied By USAA?
USAA is one of the largest insurance companies across the U.S. Unfortunately, it doesn’t stay that way by paying every claim that is submitted. While insurers are required to employ good faith when processing claims, they may still deny your claim on questionable grounds.
If your bicycle accident claim has been denied by USAA, you may still be able to get compensated. A bicycle accident lawyer can help you appeal the decision. Read on to learn more about your rights as a claimant and the next steps after a denial.
Potential Causes of a USAA Bicycle Accident Claim Denial
When your third-party insurance claim is denied, you may wonder what, if anything, you’ve done to cause the denial. But in many cases, the claim may be denied for reasons unrelated to you. But in any case, you should receive written notice detailing the reason for their decision.
A bicycle accident attorney will review the claim denial letter, and help you build a strong case against the allegations. Common causes for insurance claim denials include:
- Lack of evidence to support liability
- The insurer believes you are partly or wholly responsible for the accident
- The insurance policy lapsed
- The statute of limitations has passed
- Missing or incorrectly filed paperwork
- The insurer is acting in bad faith
If you are facing a claim denial, you do not have to go at it alone. An attorney can help you stand up to the insurance company and protect your right to be compensated.
Your Rights As a Bicycle Accident Victim
When USAA denies your claim, your case doesn’t end there. Personal injury laws allow victims to hold at-fault parties responsible for their damages and claim compensation outside of filing an insurance claim.
You Have the Right to Appeal a USAA Bicycle Claim Decision
You have the right to negotiate with USAA, have your claim reevaluated, or take legal action against the at-fault party. These are the steps required:
- Draft a demand letter and negotiate payment with USAA. A demand letter will detail the extent of the losses you have incurred and the action you wish the insurer to take. In most cases, this will prompt negotiations to resolve the claim before it escalates. An attorney will draft the letter and negotiate on your behalf to get fair compensation.
- Appeal the decision and have your claim reevaluated. Some insurance companies have an internal appeal system. You can ask the claim adjuster to have the case reprocessed, especially if you feel like there was inaccurate or incomplete information in your claim.
- File a lawsuit against the driver. Your attorney can help you file a civil lawsuit against the negligent driver for damages and represent you in court.
An insurance company’s priority is to protect its bottom line. For you, this can mean refusing to pay a valid claim, blaming you for your accident, or other bad faith tactics. When this happens, you need an attorney who is prepared to stand their ground and hold them accountable.
You Have the Right to Representation in Your Case
A bicycle accident lawyer can be beneficial to your claim. The weeks following your accident are when you may be most vulnerable, don’t let the insurance company take advantage of you. An attorney can help you by:
- Calculating the value of your claim
- Establishing negligence with the other party
- Investigating your accident
- Negotiating a settlement
- Handling all correspondence
- Filing a lawsuit on your behalf
Without proper representation, USAA may offer you a lowball settlement, downplay your injuries and use your words against you.
Compensation Available in a USAA Bicycle Accident Claim
When you’ve been injured in a bicycle accident, you can recover compensation for your economic and noneconomic damages. Damages available may include:
- Past and future medical expenses
- Loss of income and future earning capacity
- Pain and suffering
- Property damage
Your attorney can help you calculate your damages to negotiate with USAA.
File Your Appeal Before the Deadline
Statute of limitations laws exist for personal injury lawsuits in every state. These deadlines can range from 1 to 6 years, and do not account for hospitalization, time spent negotiating, or other unexpected events. It’s important to get your case started immediately to reduce your chances of losing your right to compensation altogether.
Your lawyer can help you keep your claim on track by informing you of the deadline for your case, filing your paperwork on time, and keeping you updated throughout the process.
Contact Our Attorneys Today for a Free Case Evaluation
If you were injured in a bicycle accident and USAA has denied your compensation claim, you do not have to accept this decision. Fight back – call our bicycle accident lawyers of Laborde Earles Injury Lawyers today and get a free case evaluation.