We rely on insurance to cover us financially during unexpected emergencies. In some cases, insurance is required by law. If an insurance company wrongfully denies your claim, you can take legal action against them.
You can sue your insurance company if you believe they wrongfully denied your claim. Not every denial is wrongful, but you should talk to a lawyer if your claim is denied. Some common reasons people sue for a wrongful denial include bad faith dealings, errors in the claims process, and the insurance company failing to provide a reason for the denial. Before you sue, talk to an attorney about your situation, as there might be important steps to take before starting a lawsuit. The statute of limitations in this kind of case is typically 3 years. If you miss the deadline, you might lose your right to sue.
Insurance companies have a bad reputation for treating customers like cash cows and wrongfully denying claims to save money. Our Mississippi personal injury lawyers can help you hold the insurance company responsible, so you get the coverage you need. For a free case review, call Howe Law at (844) 876-4357.
Filing a Lawsuit Against an Insurance Company for Denying a Claim in Mississippi
You can file an insurance claim for various injuries and damages. However, insurance is not absolute and is not always guaranteed. In many cases, insurance companies will review your damages before deciding whether your policy covers them. If the insurance company determines your policy does not cover your injuries or damages, they might deny the claim. This denial might become wrongful if the insurance company knew your claims were covered but denied you anyway.
You may sue if you believe the insurance company wrongfully denied the claim. The insurance company must explain the denial, and if the insurance company’s reasons are not adding up, contact our Hattiesburg personal injury lawyers for help immediately. Sometimes, claimants are wrongfully denied thousands of dollars in coverage or more.
There are many possible reasons why a denial is considered wrongful. Whatever the reason, your insurance company should not be allowed to cheat you out of coverage while collecting payments. A lawsuit might be necessary to make the insurance company pay you what you are owed.
Reasons to Sue Your Insurance Company After Your Claim is Denied in Mississippi
When filing a lawsuit against an insurance company, you need to articulate specific reasons why you believe they wrongfully denied your claim. There might be numerous reasons behind a wrongful denial, such as bad faith dealings, errors in the claims process, or not being given a proper explanation. Our Mississippi personal injury attorneys can help you investigate the situation and determine the precise reasons why your claim was wrongfully denied.
Bad Faith
When an insurance company denies a claim without a valid or legitimate reason, we can argue that they acted in bad faith. It is challenging to prove bad faith in Mississippi since the state has not adopted the Model Unfair Claims Settlement Practices Act. Most laws surrounding bad faith dealings of insurance companies result from courts and common law.
In the case of Rogers v. Hartford Accident & Indemnity Co., the Fifth Circuit Court of Appeals, which covers Mississippi, ruled in a Workers’ Compensation insurance case that 3 critical elements must be established to show bad faith:
- There was a contract between the defendant and plaintiff (i.e., an insurance policy),
- The defendant denied claims without legitimate reasons, and
- The denial was an intentional, willful, or malicious wrong.
Bad faith may take various forms. In some cases, the insurance company might deny the claim when the evidence in your case clearly indicates that your policy covers your claim. In other cases, the insurance company fails to investigate the claim sufficiently and denies it based on little to no evidence. Still, in other cases, the insurance company might have withheld information or intentionally misled you about the terms of your policy.
Errors
A wrongful denial might also stem from errors. Errors during the application or review processes might lead the insurance company to deny the claim by mistake. While errors can often be corrected, insurance companies often resist fixing their mistakes because they would rather save money.
Although errors and mistakes are not inherently wrongful, they might become wrongful when the insurance company is aware of the errors and refuses to correct them or unfairly blames you. For example, suppose the terms of your policy recently changed, and your claim should be covered under these new terms. Next, suppose the insurance company mistakenly evaluated your claims under the old policy terms, leading to a denial. If the insurance company resists correcting their error after our Biloxi personal injury lawyers have brought it to their attention, we might need to sue them for wrongfully denying your claim.
No Reason Provided for the Denial
Another example of a wrongfully denied claim is one where the insurance company does not explain its decision. Insurance companies must provide a reason for denying a claim so claimants can take further action if they wish. It also provides much-needed transparency in the insurance claims process.
You should talk to the insurance company and ask why no reason was given. Our Mississippi personal injury attorneys can help you broach the issue and assert your rights. If the insurance company refuses to provide an adequate explanation, file a lawsuit. If there were a legitimate reason for denying the claim, the insurance company would surely provide it up front, and any lack of an explanation would likely be a quickly corrected error.
When to File a Lawsuit Against an Insurance Company for Bad Faith in Mississippi
It is important to speak to an attorney about your situation as soon as possible because you only have a limited time to file your lawsuit. The statute of limitations is 3 years under Miss. Code Ann. § 15-1-49(1). If the case is not filed within 3 years of the denial, you might lose your right to sue the insurance company.
Although 3 years seems like a long time, it is a surprisingly tight deadline. There may be numerous steps to take and investigations to complete before we can file the case. For example, our Mississippi personal injury lawyers may attempt to bring any suspected errors to the insurance company’s attention so they can be corrected. Alternatively, we might need to engage in other forms of dispute resolution before filing a lawsuit if the terms of your policy require it.
Contact Our Mississippi Personal Injury Lawyers for Help Today
Contrary to what they tell you, insurance companies are not on your side and will look for any excuse to deny your claim. Sometimes, insurance companies are so eager to save money they wrongfully deny claims. Call our Columbus personal injury lawyers for a free case review. Call Howe Law at (844) 876-4357.
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