The greatest fear anyone pursuing a personal injury claim has is that the insurance company might reject it entirely. If you're trying to figure out what comes next, here are four things you may need to do.
Retain Counsel
A personal injury lawyer can be an invaluable resource while you decide what to do. If you haven't already retained counsel, contact with several attorneys and ask for consultations. Speaking with several lawyers will give you a better idea of where your case stands.
Gather the Paperwork
When a claim is formally rejected, the insurance company will send you paperwork explaining why it believes you didn't deserve compensation. Make copies of all the paperwork and place all the originals in a box or folder for safekeeping. It's a good idea to make enough copies to share with every personal injury attorney you plan to consult with.
You should also gather the documentation you used to submit the initial claim. If you have a record of how the claim was handled, include it with everything you're copying. Likewise, save any texts, voice messages, or emails the insurance company might have sent you.
Consider the Argument for the Rejection
It's worth thinking about why an insurance provider decided to reject a claim. For example, it's possible you pursued an action against the wrong party. In that scenario, you might have enough time left to identify the right party to go after and start a new claim.
Another possibility is that the insurance adjuster's logic is wrong. It doesn't hurt to ask for clarification, and a personal injury lawyer may be able to shine some light on things that were missed during the initial process.
Suing
If you have a case that seems strong enough to hold up in court, it is your right to sue. A personal injury attorney will send a formal notice to the insurance company and the defendant informing them that a suit is pending. Likewise, they'll send a letter that will itemize which records and what evidence needs to be preserved in case it's necessary for use at a trial.
Formal notices are important. If the defense fails to handle them the right way, you might have grounds for the court to issue an adverse inference or even summary judgment. Also, formal notices can kick start negotiations because the defense understands the risk that a jury might arrive at a larger compensation number.
If you're planning your next steps after an injury claim is rejected, talk to a personal injury lawyer to ensure you're making the right decisions.
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