If you were in an accident involving a large commercial truck and National General Insurance denied your claim, you have several options, including consulting with a legal professional. An attorney could help you persuade the company to agree to a settlement, particularly if there was no basis for denial.
However, if the insurer will not settle, a lawyer can help you determine your next best course of action, such as filing a lawsuit against the insurer or negligent party as appropriate.
Why Did National General Insurance Deny Your Truck Accident Claim?
As part of the post-denial process, you will need to fully understand why National General Insurance refused to pay your claim so you can refute its assertions with evidence. The insurer’s reasoning could be legitimate, but it could also be ill-formed or due to bad faith practices on its part. Make sure you get the basis for its claim denial in writing if you didn’t receive a letter explaining it already.
An insurance adjuster could deny your claim because they believe you caused the truck accident. However, even if the insurer asserts you were negligent, this does not make it so. You and your attorney can collect additional evidence or hire an accident reconstruction expert to prove the truck driver or another party should be held liable for the accident.
Failing to Seek Prompt Medical Care Could Lead to Denied Claim
Another reason for a National General Insurance denial could include a failure on your part to seek immediate medical care after the truck accident. The insurer could argue that another incident caused your injury instead of the truck accident. They also could assert that your injury is not as severe as you claim.
Additionally, if the insurer states your claim was subject to specific policy exclusions, the insured’s policy lapsed due to non-payment, or you failed to notify the insurer on time, they may deny your claim for any of these reasons, whether they are accurate or not.
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Gather Evidence to Challenge a Truck Accident Claim Denial
If an insurer denies your truck accident claim, you will have to refute the reasons it gives you for the denial. You also will have to prove your claim’s legitimacy and that it should be covered based on your policy’s terms. If you have not done so, gather your paperwork and evidence, including photos, reports, receipts, and estimates.
In addition, document calls or in-person meetings with the insurer and note the time, date, persons involved, and what was discussed. Again, an attorney can help with this and ensure all relevant information is present and organized.
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Use the Formal Appeals Processes
Many insurers have an internal appeal process that starts with an appeal form. You also could file an appeal with an official letter. In either case, you must illustrate how the evidence in your claim does not support the insurer’s decision. You can provide additional details, in-depth explanations, and evidence that you and your attorney have gathered concerning your accident and injuries.
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Make a Final Demand
Before you file a lawsuit, you will also need to inform the insurer of your intent to seek a bad faith lawsuit if your claim is not appropriately and promptly paid. Your attorney can draft a demand letter for compensation that explains, in detail, your side of the story and why the other driver was at fault. It should also include the estimated dollar amount of vehicle damage and bodily injuries you sustained in the truck accident.
At this point, the insurer may decide to reverse its decision, or it may offer a portion of the damages demanded. Per RS 22:1973, an insurance company has up to 60 days to respond to your demand or pay your truck accident claim. You cannot file a lawsuit yet during this time unless it outright refuses to pay.
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Can You File an LDI Complaint Along With a Truck Accident Claim Denial?
If an insurer still hasn’t reversed a denial, consider filing a complaint with the Louisiana Department of Insurance (LDI), which is responsible for reviewing challenged insurance claims. It is possible that during this process, National General Insurance will reconsider its decision. However, if it does not and you feel it is handling your claim unreasonably, you may consider filing a bad faith lawsuit against the company.
Should You Pursue a Lawsuit Against National General Insurance for Bad Faith Practices?
Louisiana’s laws protect consumers from bad faith tactics by insurers. Moreover, insurers must adjust claims fairly and promptly and try to settle the matter, according to the law. Therefore, if you have attempted all the above, such as sending a demand letter and filing an appeal, you may consider filing a lawsuit against the insurer if you believe it engaged in bad faith practices.
The complaint will likely also include additional claims, such as breach of contract and negligence. You can pursue the compensation you are entitled to under the policy and damages related to the insurance company’s bad faith practices.
Can You Sue the Other Party Over a Truck Accident Claim?
If other options aren’t successful, you may still file a lawsuit for your injuries and property damage against the liable party in the truck accident if you can prove they were responsible. Nonetheless, you can speak with an attorney about whether this is an option in your case.
If you move forward with a civil claim, you might not have to go through a trial and, instead, settle outside of court, especially if the defendant knows you can prove they were at fault.
Consult With a Truck Accident Attorney for Help With a National General Insurance Claim Denial
If you were injured or sustained property damage in a truck accident and National General Insurance denied your claim, call Laborde Earles Injury Lawyers for a free consultation today.
We can answer your questions, explain your legal rights and options, and help you seek compensation for your losses.
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