If you file an insurance claim seeking financial compensation for a motorcycle accident only to have it denied by the insurance company, an experienced motorcycle accident attorney in San Antonio can be invaluable. An attorney may be able to appeal or reverse the denial. The right lawyer can help you challenge insurance company tactics frequently used to underpay motorcyclists to maximize your recovery.
Why Do Motorcycle Accident Claims Get Denied?
The first step toward seeking a better outcome for your motorcycle accident case is understanding the reason for the denial. Insurance companies often have biases against motorcyclists, such as perceiving them as “daredevils” or reckless drivers. This can interfere with an injured motorcyclist’s ability to obtain a fair settlement.
Common reasons for claim denials include:
- Allegations of comparative negligence
- Shifting the blame to a third party
- Disputing the presence or severity of injuries
- Pre-existing injury allegations
- Alleged policy violations
- Insufficient evidence
- Misrepresented policy terms
- Insurance bad faith
An attorney can carefully review your rejection letter, read the language and terms of the insurance policy, and evaluate communications from the insurance claims adjuster to understand why your claim was denied.
What Can a Motorcycle Accident Lawyer Do?
If an automobile insurance company is refusing to pay for your motorcycle accident in Texas, hiring an attorney can give you the legal power you need to change the decision. Your attorney can pursue the right type of appeal on your behalf and negotiate a fair settlement with the insurance provider.
An insurance company is more likely to treat a motorcyclist fairly if he or she has an attorney advocating for the rider’s best interests during the settlement process. A lawyer can preserve and gather strong evidence to prove your case and counter common defenses, such as allegations of fault against you.
If your case involves a complicated insurance situation, such as multiple liable parties, your attorney can navigate a way forward using a personalized legal strategy. Finally, if your lawyer suspects insurance bad faith (a wrongfully rejected claim), he or she can sue the insurance company for additional damages.
While most motorcycle accident claims successfully reach settlements in Texas, an attorney will have the ability to pursue maximum compensation through litigation, if needed. You can trust an aggressive trial lawyer to represent you in court and present compelling evidence before a judge or a jury to fight for justice.
What Are My Options if My Claim Was Denied?
A claim denial is not necessarily the end. Multiple options are available to claimants who wish to appeal or reverse the decision. A motorcycle accident lawyer can guide you through the right legal process for you:
- Internal review: asking the insurance company to assign someone else to your claim to review the facts and determine if the original adjuster made a mistake.
- External review: filing a complaint against the insurance company with a review board, such as th eTexas Department of Insurance.
- Appeal: taking the claim to a higher appellate court to potentially reverse the insurance company’s decision.
- Personal injury lawsuit: filing a civil lawsuit against the at-fault driver or the insurance company for bad faith.
Contact a skilled and knowledgeable personal injury attorney in San Antonio at Hill Law Firm Accident & Injury Lawyers for a free consultation to go over the unique options available to you if your claim was recently denied in Texas.