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I Got Denied for My Injury Claim. Now What?

Following an injury, it’s imperative to file a claim to pursue compensation. In many cases, this is done with your insurance company or the insurance provider of the negligent driver. However, there are situations when the company is more focused on their profits and they deny a claim.

What comes next? How do you pursue compensation when the insurance company tries to claim that your injuries or damage are not covered? This is when it’s time to pursue legal action with the help of a lawyer.

Following the Denial

Whether you are going through your own insurance company or that of the responsible party, if your claim is wrongfully denied, you have the right to file a lawsuit. The insurance company may be considered acting in bad faith when they do any of the following:

  • Refuse to pay for a valid claim
  • Delay payments
  • Lie to limit liability

If any of these circumstances exist, you can have a lawyer file a lawsuit on your behalf. After the lawsuit is filed, the insurance company and their legal team may try to file a motion to dismiss. With enough evidence, however, the claim can move forward effectively and you can take the next steps to seek compensation.

What You Need to Move Forward

Moving forward requires you to have specific pieces of evidence to show that you should in fact have coverage for any damages sustained. This can include all information regarding your policy or that of the negligent driver, photos of the accident, witness testimony, and accident and medical records to show that an accident occurred, you suffered injury, and the other party was responsible.

There are times when getting the needed information on your own can be difficult. This is where our San Jose personal injury attorneys can come in to help you with the information you need. We’re ready to take your best interests and protect them from start to finish.