You’ve been in an accident. Your car is damaged, and you are injured. You can’t work, don’t have a vehicle to get around, and the bills are piling up. You filed with your insurance company, but now it is denying your claim. What do you do?
Unfortunately, this scenario is all too common. While insurance companies exist to protect the insured in the event of an accident, they also must protect their own interests. This means that the claims adjuster’s job is to provide you with as little compensation as possible.
As such, the very first thing you should do when you are injured in a car accident (or sustain property damage) is to retain a lawyer. You need professional legal representation to ensure that your rights are protected and that you receive the compensation you deserve.
Insurance in British Columbia
Every motor vehicle operator t in British Columbia is required to carry auto insurance. The Insurance Corporation of British Columbia (ICBC) provides basic auto insurance for all vehicles including recreational vehicles and motorcycles. However, residents can receive additional coverage through private insurance companies. The minimum insurance coverage in BC is provided through the ICBC Basic Autoplan, which is mandatory for all motor vehicle operators.
In addition to third-party liability, underinsured motorist protection, medical coverage, and hit and run coverage, ICBC also have inverse liability coverage which means that if the insured has an accident in a place where the law does not allow a claim to be filed against the party at fault, the insured is still covered.
Reasons Insurance Coverage Claim Is Denied
One of the most common reasons an insurance claim is denied is due to material misrepresentation. This means that the insured failed to provide specific information as requested by the insurance company or did not complete the application correctly. The insured may have also falsely described the property, fraudulently omit vital information, or negligently misrepresent the property.
Another reason that an insurance claim may be denied is due to a breach of the insurance policy. This means that the insured did not comply with the terms set forth in the policy. Driving under the influence of drugs or alcohol is often a reason that a claim is denied. Allowing a person to drive who is not on the policy is another common reason.
In fact, the insurance claims adjuster will typically do whatever they can to avoid paying the claim or paying as low an amount as possible. More often than not, these offers may not cover all your medical expenses, much less the damage to your vehicle or lost wages due to your inability to work. It is highly recommended that you retain a lawyer so that you can be compensated accordingly.
What to Do When Your Insurance Claim Is Denied
Once you get your claim denial notice, you should immediately seek a personal injury lawyer. A lawyer can help you wade through the complex processes of the courts and ensure that you are doing everything within the letter of the law.
Even if you did not retain a lawyer when you first filed with your insurer, you should still retain a lawyer as he or she may assist you in challenging or appeal the insurance company’s decision. McLarty Wolf Litigation Lawyers have the experience and knowledge to stand up with you, fight for you, and ensure that your rights are protected. If your insurance claim has been denied, don’t hesitate, make the call today.