“Claim Denied?” How to Force Your Insurance Company to Pay Up in Orange County
The insurance company may not always honor its contract with you that requires it to pay for the losses that you have sustained. The experienced Orange County insurance claims attorneys at Quincey Law can take on the insurance company on your behalf.
The insurance company does not always get the final say about payment of your claim. Even if they say no, you have a way of forcing them to get to yes. You can avail yourself of the legal process and file a lawsuit against them, seeking to force them to pay your claim and even potentially obtaining damages directly from them.
Speak to the Orange County insurance claims denial attorneys at Quincey Law to learn how you can potentially force the insurance company to pay you. Our attorneys take a hard-nosed legal approach when we are dealing with big businesses that are interfering with your legal rights.
You Need an Insurance Claims Denial Attorney to Deal with the Insurance Company
Unfortunately, often times there is little that you can do or say on your own that could persuade the insurance company to pay your claim in the face of an initial denial. If they have said no to you once, they will likely do the same again if you try to approach them on your own. Insurance companies are more responsive when they are contacted by an insurance claims attorney who is representing a client. Once they see that you have hired a lawyer, the insurance company may be more willing to negotiate because they fear the potential alternative. Retaining counsel to handle your insurance claim sends an unmistakable sign that your legal rights are not to be violated.
Accordingly, the first thing that you should do after a denial is to contact an insurance claims denial law firm to represent you. They may be able to contact the insurance company on your behalf in an attempt to resolve the dispute. The denial may have been based on a misunderstanding, or the insurance company may back down when they see that they can possibly be sued. Your insurance claims lawyer could speak to the adjuster on your behalf to explain why the insurance company should pay your claim.
You Can File a Breach of Contract Lawsuit Against the Insurance Company
If the insurance company still will not pay you, it is far from the end of your case. When you have paid for an insurance policy, you have entered into a binding contract with the insurance company. Provided that you paid your premiums, the damages should be covered by the policy, and you did not do anything to potentially void coverage, the insurance company has the legal obligation to pay your claim in full. If they refuse to do so, they would be in breach of your contract, and they could be sued.
In some cases, your lawsuit would be solely for the purpose of forcing the insurance company to pay your claim when it has been denied. In other cases, they may have made you a settlement offer, but it is for far less than they should be paying you. Either way, a court or jury could decide whether the insurance company should pay your claim and how much they owe you. Of course, litigation should be your last resort. You may be able to settle with the insurance company after your attorney presents your position and negotiates with them.
The Insurance Company May Be Liable for Bad Faith
In other cases, there could be something far worse at work when the insurance company denies your claim. They may have had every obligation to pay, and you could have presented extensive documentation, and they still refuse to pay you. In that event, you can not only try to force the insurance company, but you may also be able to sue them directly for the damages that they have caused you. California law prohibits the insurance company from acting in bad faith. One example of bad faith is when the insurance company unreasonably denies a claim that they should pay. When that happens, the insurance company must not only pay your claim, but they may also be ordered to compensate you for the harm that they have caused you. They may even be obligated to pay you punitive damages if their conduct is egregious enough that a jury wants to make an example out of them.
Contact an Orange County Insurance Claims Denial Attorney
If the insurance company has wrongfully denied your claim, Quincey Law can help you take action. You can schedule a free initial consultation with one of our Orange County insurance claims denial attorneys by visiting our website or by calling us today at (866) 945-9175.
Nicholas Quincey is the founder of Quincey Law, and has over a decade of experience of handling insurance claims denials and personal injury matters for people throughout California. We have pursued insurance bad faith claims for people involving life insurance, health insurance, homeowners and disability insurance. We also work with clients and families who need assistance filing and pursuing a personal injury matter. Learn more here.