The General Insurance must provide a clear, detailed explanation of why your claim was denied. Failure to do so may imply that they are working with you in bad faith. Louisiana law requires insurance companies to treat their customers and claimants fairly, including when it comes to claim approvals and payouts.
Let us look at what you can do if your motorcycle accident claim was denied by The General Insurance.
Under What Grounds Can General Insurance Deny My Motorcycle Accident Claim?
The General Insurance may dismiss a motorcycle accident claim for reasons such as:
- Your coverage cannot fully pay for the accident-related damages. It may be that their policy limits are only in compliance with the state’s minimum coverage requirements.
- Much like other insurance companies, The General Insurance is unlikely to approve your claim if you caused the motorcycle accident on purpose, such as in the act of road rage.
- The General Insurance may have recently canceled the coverage or fully terminated the policy due to missed premiums.
The denied claim may also be a matter of having insufficient proof of your injuries and other damages. If this is your situation, you could consider having a motorcycle accident lawyer review your claim to see how you can better support your statements. The attorney can also check The General Insurance’s reasoning for validity.
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Can I File An Appeal With The General Insurance?
If you do not agree with the insurance company’s reasoning after reviewing the dismissal, you may appeal to them to reconsider their decision. This would involve explaining why you believe your motorcycle accident claim is valid.
You should also resubmit the evidence you provided in the claim. These include police reports, medical records, doctor’s opinions, dashcam and highway surveillance footage, and auto repair invoices.
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What Can I Do If General Insurance Dismisses My Case?
If The General Insurance still dismisses your motorcycle accident claim appeal, you can bring up the issue to the government by filing a complaint with the Louisiana Department of Insurance.
State DOIs are responsible for investigating insurance-related disputes throughout the state under their jurisdiction, including bad faith claims. They will also take administrative action if they find the insurance provider at fault in the complaint.
The Louisiana DOI accepts complaint submissions through its website and mail. To submit via mail, you must fill out a printed form and send it to the Commissioner’s Office in Baton Rouge. They will typically respond within a week of receiving your complaint. An attorney can help you gather the information needed for the investigation.
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How Does The Department Of Insurance Investigate Claims?
The Louisiana DOI will first assign a file number and an examiner for your complaint. The examiner is in charge of the investigation and will update you on their progress. You can also track the investigation online using your file number.
The examiner will then request The General Insurance to explain why they denied your motorcycle accident claim. If the explanation remains unsatisfactory, the examiner will look for other evidence of the insurer dealing with your claim in bad faith. Claim investigations generally take around 45 days to conclude. They will close the investigation if they find nothing wrong with the claim dismissal.
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What Happens If The General Insurance Is Liable For The Bad Faith Claim?
However, suppose the examiner determines that The General Insurance dealt with the motorcycle accident claim in bad faith. In that case, they will have the insurer pay the damages you are entitled to. The settlement amount is still subject to Louisiana’s comparative fault laws, so it may get reduced if you share liability for the crash.
Furthermore, The General Insurance must also pay you additional damages for their breach of duty. The amount can be twice your accident damages or $5,000, depending on which one has the higher value.
Are There Other Options For Recovery If My Complaint Fails?
You can still exercise your right to file a motorcycle accident lawsuit with the other party to recover damages from them. Here, the county circuit court presiding over your case will decide the settlement amount, not The General Insurance.
Getting sued can also encourage the at-fault party to try and settle your dispute privately, so you could consider consulting with an accident attorney on which option works better based on your situation.
We Can Assist With Motorcycle Accident Claim Disputes
If you suspect that The General Insurance handled your claim unfairly, you can speak first with Laborde Earles Injury Lawyers. Our motorcycle accident attorneys have over a century of combined legal experience in Louisiana personal injury law. We have handled accident claims similar to yours and are ready to work with you in disputing the insurer’s decision.
You can call our office anytime if you have any inquiries for the team. We are available 24/7 and can cater to Spanish-speaking clients. You can also get a free case assessment by filling out the request form on this website. Call us today!
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