If my car accident claim was denied, what do I need to do for them to re-evaluate it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my car accident claim was denied, what do I need to do for them to re-evaluate it?
Asked on August 17, 2013 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The only way to compel them to re-evaluate it would be to sue. If it's own insurer, you would sue them for breach of contract (since the insurance policy is a contract): that is, not providing the coverage they contractually agreed to provide. If it's the insurer of another driver, you'd have to sue the other driver--assuming you think (s)he was at fault (since only an at-fault driver is resonsible to pay for your injuries, losses, or costs)--not the insurer; that's because the other driver's insurer has an obligation to defend their insured, but does not have an obligation directly to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.