If your truck accident claim was denied by USAA, the insurance company must be able to clarify why they dismissed it. Failure to provide a good reason can put them under suspicion of acting in bad faith. That means they would violate Louisiana’s insurance laws which require them to deal fairly with policyholders and claimants.
Can I Appeal To Have My Claim Reviewed Again?
Yes, you can file an appeal to USAA to have your denied truck accident claim put up for reconsideration. In the appeal, you must clarify why you think their initial decision was wrong and that your claim is valid.
To support your appeal, you must produce documentation of the truck accident and the damages you incurred, just as you did when filing your claim. Police reports, medical records, dashcam footage, auto shop repair bills, and other documents may be included.
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What Reasons Can Get My Claim Denied?
These are some reasons the USAA might cite when dismissing a truck accident claim. You may also want to work with an attorney to check if their explanation is truthful.
- The policyholder intentionally caused the trucking accident. USAA, like other Louisiana insurers, typically does not cover intentional torts.
- The policyholder’s coverage limit cannot fully compensate for the damages accrued. Such instances often happen when they only pay premiums for the mandatory minimum limits.
- It may also be that their policy was just recently terminated, or there was a lapse in coverage, which may occur when they miss their premium payments.
What Can I Do If My Appeal Is Also Dismissed?
If the USAA also dismiss your truck accident claim appeal and you suspect they are acting in bad faith, you can bring a complaint to the Louisiana Department of Insurance. The DOI can investigate the USAA’s decision and determine whether they wrongfully denied your claim.
The Department of Insurance will ask USAA to explain why they dismissed your truck accident claim. If the agency is unsatisfied with the insurance company’s reasoning, it will search for evidence of bad faith. They will, however, conclude the investigation if they do not uncover any evidence of wrongdoing in the claim denial.
You can file the complaint through the department’s website or by sending a printed form to the Louisiana DOI Office of the Commissioner located in Baton Rouge. After the office receives the claim, you will likely receive their acknowledgment notice within the week, along with the investigator’s name and your case’s file number. In addition, you will receive progress updates during the investigation, though you can also monitor it online with the file number.
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Can I Recover Damages If The Claim Investigation Is Successful?
Yes, you can recover the damages owed if the Department of Insurance successfully proves that the USAA was wrong in denying your truck accident claim. However, remember that the DOI has no say over who is more liable, only that your claim is valid. Therefore, your total damages may still get reduced depending on the fault percentage the claims adjuster places on you.
Apart from your truck accident-related costs, you would also be able to recover additional damages for the breach of duty by the USAA. Depending on the greater value, you may receive either $5,000 or an amount equivalent to twice your accident damages.
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What Recovery Options Do I Have If The Complaint Does Not Work?
If the investigation finds the USAA’s truck accident claim dismissal valid, you would still have the right to file a civil lawsuit directly against the at-fault party. With a case, the court can order the liable side to compensate you accordingly regardless of whether they have insufficient liability coverage or are uninsured. They might have to repay you using their own cash and other personal assets.
However, the other party may want to avoid the legal fees and procedures involved with going to court. Instead, they may propose settling the dispute privately through arbitration. You can consult a truck accident attorney first before choosing your options, as they can better review the situation for you.
Work With A Truck Accident Attorney
While the USAA and other insurance providers must act in good faith when handling your truck accident claim, the results might not favor you. That is why the truck accident attorneys with Laborde Earles Injury Lawyers are here to help. We have over 250 years of combined experience working on injury cases throughout Louisiana. We can guide you through your claim dispute and review your other options for getting compensated.
We can start reviewing your case once you send us your truck accident details online. You can also speak with the team by calling us. We are here to accommodate your legal concerns 24/7. Call us today!
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