Just because the insurance company denies your motorcycle accident claim doesn’t mean your fight for compensation is over. Insurance companies deny claims when liability is uncertain, evidence is weak, or the adjuster believes the rider is too stressed and overwhelmed to push for compensation. Appealing a denied claim can be complicated. An experienced Vegas motorcycle accident lawyer can review your denial, develop the best appeal strategy, and work to recover the compensation you’re rightfully owed under the policy.
Review the Insurance Claim and Denial Letter
The insurance company must state specifically why it denied your motorcycle accident claim.
Common reasons for denial include:
- Insufficient evidence to prove liability
- Allegations that the claimant shares responsibility for their injury
- The scope of the injury falls outside of what the policy covers
- The terms of the policy lapsed
- Failure to seek medical treatment in a timely manner
- The claim was filed after the statute of limitations ran out
While it’s illegal, some insurance companies deny claims in bad faith, meaning that a denial isn’t based on any legitimate reason.
Your attorney will review your denial letter, determine why the insurance company refused to pay for your damages, and identify the best foundation for a strong appeal.
Gather Additional Evidence to Support a Strong Appeal
The more evidence you have supporting your motorcycle accident claim, the harder it becomes for the insurance company to deny your request for benefits. If you filed a claim on your own, it’s possible that you missed critical evidence that could have forced a different outcome.
A skilled Las Vegas accident attorney will thoroughly investigate your motorcycle accident and work to preserve all relevant evidence. Helpful evidence often includes video footage from vehicles and local cameras, vehicle maintenance and inspection records, driver cell phone records, photos of tire tracks and skid marks near the scene, eyewitness statements, and medical records. The earlier evidence is preserved and documented, the stronger it’ll be.
File an Appeal Disputing the Denial and Demanding Proper Compensation
Once your attorney identifies the grounds for the denial and builds evidence to dispute the reasoning, they’ll file a formal appeal with the insurance company. There’s limited time to appeal, so the sooner you contact a lawyer for help after your claim is denied, the better. If you miss the window in which you’re permitted to appeal, you’ll be unable to fight for the compensation you deserve.
If the insurance company still denies your claim after it’s appealed, or if it consistently makes lowball settlement offers, it might be time to file a lawsuit. Taking your motorcycle accident lawsuit to court removes the insurance company as the fact-finder and forces them to defend their decision before a judge and/or jury. Simply filing the lawsuit can often be enough to force more meaningful settlement negotiations and help you recover money for your medical bills, lost wages, and distress.
If it doesn’t settle, your attorney will argue the merits of your case, offer evidence to prove liability and damages, and work to convince the jury that you deserve a life-changing monetary award because someone else was careless.
Call Benson & Bingham For Help If Your Motorcycle Accident Claim Was Denied
We have 25+ years of experience representing injury victims and families in Nevada after serious accidents. We never relent when insurance companies try to fight unfairly, and that’s led to hundreds of millions of dollars in monetary awards.
We offer a free consultation, so contact us to discuss your insurance claim today.