When your car accident insurance claim in New Mexico gets denied, review the rejection letter, gather evidence to support your claim, file an appeal and consider taking legal action. With assistance from a personal injury attorney in New Mexico, you may also be able to pursue a bad-faith claim if the insurer acted unjustly.
Understand the Reason for the Denial
The first step is understanding the reason for the car insurance claim denial. By law, an automobile insurance provider must list the specific reason for the denial in the rejection letter. Read your letter carefully and compare it to the language on the car insurance policy to understand why your claim was denied.
Insurance companies may deny valid claims in bad faith, leading to different options than if the insurer has an acceptable reason for the claim rejection.
- The policyholder is behind on its monthly premiums.
- It believes its policyholder was not responsible for the accident.
- You are not a covered party on the policy.
- You failed to seek immediate medical attention for injuries.
- Your claim falls outside of the other party’s policy limits.
- You missed a reporting or filing deadline.
- You violated the law at the time of the car accident.
- It believes you misrepresented facts on your claim.
Make sure you have provided all of the information and documentation requested by the insurance company. You may be able to clear the issue up through a simple conversation with the insurance claims adjuster. If not, go to the next step.
Request an Internal Review
Strengthen your claim by collecting evidence that supports your side of events. This may include a copy of the police accident report, statements from eyewitnesses and vehicle passengers, photos from the crash scene, video footage of the accident, and your medical records.
Then, deliver this evidence as part of the internal appeals process. Make an official request to the insurance company for an internal review of your claim. Be sure to do this within the company’s appeals deadline.
Submit your request by sending a written letter to the insurance company explaining why you believe the denial is incorrect, along with your supporting evidence. The insurer should assign a new insurance adjuster to review your case. This adjuster may make a different decision at the conclusion of the internal review.
File a Complaint
If the internal appeals process still leads to an unfair car accident claim denial, your next option is to file a complaint with the New Mexico Office of Superintendent of Insurance. This agency can investigate the car insurance provider to determine whether they are acting fairly and in accordance with the state’s insurance laws. If not, the Office can require the carrier to remedy the legal violation or issue.
Consult With a Car Accident Attorney Today
If your car insurance claim gets denied in New Mexico, you may be left with confusion regarding where to go from here, and how to collect the financial compensation you believe you are owed. Luckily, you don’t have to deal with the appeals process alone. You have the right to hire a car accident attorney in New Mexico to represent you.
A personal injury lawyer will have years of experience dealing with insurance companies and their claims adjusters in the aftermath of serious car crashes. Your lawyer can review your claim, help you file an appeal, support your case using compelling evidence and file a lawsuit against the insurer, if necessary.
An attorney can also explore other potential opportunities for financial compensation, such as suing the at-fault driver or a third party directly. Your lawyer will search for every source of insurance coverage on your behalf, including bringing a lawsuit if the insurance company refuses to settle.
Consider an Insurance Bad Faith Lawsuit
If an insurance provider has wrongfully denied your claim, it may be a type of insurance bad faith. Insurance bad faith refers to an insurance company dealing with a claim unfairly, often to save money. Insurance providers may use unjust means to avoid paying claims.
Many insurance companies delay payments, draw out investigations and deny valid claims. Bad faith is a tort that could lead to a civil action against the insurance company.
In this situation, a New Mexico attorney from the Fine Law Firm can help you file a bad-faith lawsuit against the insurance provider in pursuit of additional financial compensation. A bad-faith claim could lead to a financial recovery beyond policy limits. Contact us today for a personalized case review to learn more.