If USAA denies your pedestrian accident claim, you still have options, including filing an appeal. When you buy insurance policies and pay your premium, you should feel you have done your best to avoid disaster. After all, we have insurance to reduce our risk of loss. If you have recently dealt with a pedestrian accident and USAA or another insurer denied your claim, you can work with our personal injury attorney to file an appeal.
If your pedestrian accident claim has been denied, you can explore your options to help reverse that decision. Our Louisiana insurance denial attorney can help with negotiating on your behalf. Our legal professional can protect your rights and would know the regulations that apply to your situation. They can also prove your need for coverage and negotiate an insurance settlement on your behalf.
Can My Insurance Company Deny My Pedestrian Accident Claim?
Yes. Even though you buy coverage to cover accidents or losses, your insurance company can deny your claim. However, it is not an answer you have to accept. You still have many options available to you.
Your first task is to file an appeal. The appeal involves writing a letter to the insurance company and including the evidence supporting your request. An attorney could help you draft this appeal and thoroughly review it to ensure you include all essential information.
Valid Reasons for a Pedestrian Claim Denial
The insurance company might have a valid reason to deny the claim. As challenging as it is to deal with an accident, there are legal and good reasons why an insurance company could reject a claim.
- You were driving without a license.
- You were driving while under the influence.
- You did not report the collision to the authorities.
- You missed a payment, and the policy lapsed.
- You misrepresented information on your claim.
- The policy does not cover the specific damages.
Many insurance companies deny coverage to reduce claimants’ compensation. Having an attorney to assist with or review your appeal could ensure that you have covered all your bases. A personal injury attorney with our law firm is familiar with insurance companies’ different tactics to reduce or deny a claim.
For a free legal consultation, call (337) 777-7777
Filing an Appeal May Reverse the Insurer’s Decision
RS § 22:1337 states that your insurance company must pay your claim if you can prove your loss. Even though this is expected from the consumer and a state law requirement, insurance companies still try to reduce the money they pay out in claims.
Our attorney could help you gather and present the information and evidence you need to show proof of loss, which could reverse the insurance company’s decision to deny your pedestrian accident claim.
Bad Faith Insurance
Insurance companies must act in good faith when providing insurance coverage, issuing claim decisions, and meeting the expectations of the consumer’s contract. However, an insurance company can breach its agreement with you. When this happens, the breach is called bad faith insurance. If this is your experience, our attorney can help you file a bad faith insurance claim in court.
If we can demonstrate that your insurance company violated reasonably good faith covenants, it is possible that the court could penalize the company. The court could include additional compensation above your claim that could be higher than your policy limits. When a court makes this decision, it considers the bad faith actions to be additional damages you suffered and seeks to make the insurer pay.
Louisiana State Law Sets Time Limits for Insurance Companies to Pay Their Claimants
Your insurance provider understands that RS § 22:1892 provides a time frame for insurance companies to pay your claim. State lawmakers established the time frame to prevent insurance companies from taking too long to compensate their customers. Delay tactics are commonly used, and they could follow a too-low offer for your damages. The insurance company knows this, but it also knows that if you are in desperate need of a check, it is off the hook for further damages.
Who Should I Contact If My Pedestrian Accident Claim is Denied in Louisiana?
If you are confused and angry over your insurance company’s decision to deny your pedestrian accident claim, you can contact the legal team at Laborde Earles Injury Lawyers. Our attorneys know how insurance companies work and understand the tactics they could use to deny an insurance claim.
We can review the circumstances of your pedestrian accident and help you present the facts that could prompt USAA to reverse its decision to deny your insurance claim. You have a right to expect your insurance company to pay when you have been a good customer and paid your premiums. You can stand up to an insurance claim denial and seek your just compensation. Call us today for a free, obligation-free consultation. If we take your case, we can work on it with no upfront fees or costs. You don’t have to pay us anything if we don’t win your case.