If Amica Mutual Insurance Company denied your motorcycle accident claim, you might wish to consult with a motorcycle accident lawyer who can work with the claims adjuster on your behalf and find out why the insurer rejected your claim.
If the denial was due to a serious cause and not a simple omission, your attorney could begin pursuing compensation on your behalf. They can assess the company’s reason for denying your claim and determine the best strategy to use in seeking a favorable outcome for you.
First Steps After A Motorcycle Accident Claim Denial By Amica Insurance
Even if you have provided enough documentation to support your motorcycle accident claim, Amica can still deny it. However, you and your attorney can challenge the insurer if you believe it rejected your claim without good reason. You can:
- Request a letter from Amica that states the reason for your claim’s denial if you don’t have one already. This denial could serve as evidence for a bad faith lawsuit if it seems unfair.
- Send photos of the accident scene, the police report, and witness statements, if available, to support your case.
- Send a notice of demand outlining your case and why you are entitled to compensation.
- File an appeal with Amica.
If you believe Amica is acting in bad faith, file a complaint with Louisiana’s insurance commissioner at the Louisiana Department of Insurance (LDI). Their job is to ensure insurance companies follow state laws.
When The Above Fails, Consider Filing A Lawsuit
If you sustained injuries in your motorcycle accident and your attorney cannot settle with Amica, they can help you file an injury lawsuit against liable parties seeking damages, such as the following:
- Past and future medical costs
- Lost income due to missed work
- Diminished earning capacity
- Emotional anguish
- Pain and suffering
- Property damage
If you were not injured in the accident, but your motorcycle was damaged, you can still pursue compensation to cover property damage costs.
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Matters Of Fault And Liability
Louisiana is a “fault” state, meaning accident victims must bring claims against liable parties and their insurance companies. This involves proving fault and liability, which can be challenging. If your claim was denied because Amica incorrectly determined you were at fault, an attorney can step in and help you prove your case.
If the other driver was at fault but did not have enough insurance coverage, you should be able to file a claim against your insurance policy. You may also sue the other driver personally for outstanding expenses that insurance companies do not cover.
In Louisiana, you can file a motorcycle accident claim and still recover compensation if you share some liability for the crash (CC Art. 2323). However, your at-fault percentage will lower your monetary award. In a fault-based system such as this, motorcycle accident victims must establish the following elements to file a claim:
- The defendant, likely another driver, owed you a duty of care.
- The defendant breached or violated this duty of care.
- The defendant’s breach was the probable cause of your injuries.
- You suffered measurable damages due to your injuries.
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Can Amica Deny Your Motorcycle Accident Claim Based On Helmet Laws?
Louisiana law requires anyone who drives or rides a motorcycle to wear an approved motorcycle helmet that must be secured with a chinstrap anytime the bike moves (RS 32:190). This is important because Amica Mutual Insurance Company may attempt to deny your claim based on your failure to wear a helmet and consider you at fault and negligent.
If the insurer tries to deny you outright, you will want to discuss this situation with your motorcycle accident attorney to determine how to proceed. And, as noted, you should still be able to collect a reduced amount of compensation even if you were partially or mostly at fault.
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What Is A Bad Faith Insurance Claim?
Bad faith insurance refers to an insurer’s attempt to renege on its duties to its clients, such as by refusing to pay a policyholder’s legitimate claim. Louisiana has two laws describing how insurers like Amica Mutual Insurance Company must handle claims and the penalties they might face if they do not comply.
Good Faith Duty
Under Louisiana statute La. Rev. Stat. § 22:1973, insurance companies must handle claims fairly and promptly and work toward settling with their clients and claimants. For this reason, if an insurer knowingly breaches these duties or commits specific actions as detailed in the law, it is liable for damages related to this breach.
In addition to breach of duty damages, you could be awarded further compensation. Your total damages under this law could reach an amount no greater than two times the damages you sustained or $5,000, whichever is greater.
Payment And Adjustment of Claims
Under Louisiana statute La. Rev. Stat. § 22:1892, insurance companies are responsible for adjusting and paying claims fairly and timely after the insured has filed a claim. This law details the timelines and requirements insurers must follow to adhere to this obligation.
If you can prove Amica failed in this responsibility, you could receive damages previously owed in your claim, and the company may be subject to a penalty of 50% of that amount or $1,000, whichever is greater.
If you think the insurer might have engaged in bad faith practices, a motorcycle accident lawyer could help you file a claim against the company and maximize your compensation.
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Our Motorcycle Accident Attorney Can Help With Your Amica Claim Denial
If Amica Mutual Insurance Company has denied your motorcycle accident claim, you can contact the team at Laborde Injury Lawyers today to talk to us about your situation.
We can review your claim denial, possibly pursue other avenues for compensation, and protect your rights as you seek the financial recovery you are due. Call us for a free, private consultation.
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