If the at-fault driver’s insurance provider rejects your pedestrian accident claim, consider arming yourself with a pedestrian accident lawyer to seek the compensation you are entitled to. If Amica Insurance refuses to compensate you for the damages caused by the negligent actions of one of its policyholders, contact Laborde Earles Injury Lawyers to dispute Amica Insurance’s decision and handle your claim.
How An Attorney Can Help If Your Pedestrian Accident Claim Was Denied By Amica Insurance
A pedestrian accident attorney from our law firm may take several steps to get your denied claim approved for compensation by Amica Insurance. Depending on the circumstances of your case, an attorney may:
- Determine why the claim was denied: Your personal injury attorney may review your paperwork to determine if any inconsistencies or incomplete information may have caused the rejection. If specific proof is needed, such as employee verification that shows you missed work due to injuries, your attorney can help obtain that information. They can also rectify any incomplete or incorrect information you may have submitted.
- Send a demand letter: Your pedestrian accident attorney may send a demand letter to Amica Insurance that details how the at-fault driver’s negligent actions caused them to collide with you. The letter may also outline your medical expenses, wage loss, and other financial losses you have suffered. If the insurance company acted in bad faith by denying a legitimate claim, a demand letter is also considered the first stage of litigation against the insurance company. Many insurers choose to settle out of court instead of escalating the conflict.
- Negotiate with the insurance company: If Amica Insurance denies your claim or offers a low settlement amount, an attorney can communicate why you deserve a higher amount. Your pedestrian accident lawyer may engage in negotiation rounds to fight for better compensation. The insurer will likely want to avoid getting tangled up in a lawsuit because of the cost and time involved. Thus, your lawyer may use strong evidence demonstrating the at-fault party’s liability in the pedestrian accident to pressure the insurer into paying the compensation that reflects your total damages.
- File a lawsuit against the driver: If the insurance provider continues to defend the driver and refuses to pay damages, your lawyer can pursue compensation from the driver with a civil action lawsuit. Your attorney will handle evidence collection and all the legal procedures, including representing your case at trial before the judge and jury on your behalf.
- Sue the insurance company: Louisiana law requires insurers to act in good faith and settle valid claims. RS § 22.1973 lists the six acts an insurance company may take to act in bad faith. If Amica Insurance engaged in bad faith practices when handling your claim, you may be able to sue them and secure compensation for your damages.
For a free legal consultation, call (337) 777-7777
Why An Insurance Company May Blame Pedestrians For Accidents
Some insurance companies blame the victim because they want to protect their policyholder and profits. Some reasons they may use to shift the blame onto pedestrians include:
- The pedestrian illegally crossed the road or was jaywalking.
- The pedestrian was texting, talking on a cell phone, or engaged in another distracting activity while walking.
- The pedestrian suddenly darted onto the oncoming traffic.
A pedestrian accident attorney can conduct an independent investigation of your accident to uncover evidence establishing the reckless actions of the at-fault driver who caused your injuries. Even if you share some fault, motorists are legally obligated to watch for those on foot, so they can avoid hitting them.
What Can You Do To Strengthen Your Pedestrian Accident Claim?
Here are some steps that may improve your pedestrian accident claim’s chance of success:
- Get evaluated by a physician promptly. This will provide a documented paper trail that shows your injuries and suggested treatments.
- Gather evidence at the accident site. This includes photographs of the at-fault car, your injuries, and more. It could also include video footage of the incident and eyewitness statements.
- Do not post anything on social media during the proceedings that could hurt your claim.
- Complete all paperwork with accurate information.
- Consider retaining the services of a pedestrian accident attorney. If you or a loved one had a personal injury claim rejected, an attorney from our team can review the details and assess the reason behind the denial.
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Contact Laborde Earles Injury Lawyers For A Free Consultation
A rejection is not a final verdict. If the driver holds at least partial responsibility for your accident and there is evidence to show their liability, we can appeal Amica Insurance’s denial.
Call Laborde Earles Injury Lawyers to schedule a free case evaluation. A member of our team can review your claim and explain how to contest Amica Insurance’s decision.
Call or text (337) 777-7777 or complete a Free Case Evaluation form