What to Do When Your Own Insurance Company Denies or Delays Your Claim After a Montana Car Accident

If you carry comprehensive or underinsured motorist auto insurance, you expect your insurance company to pay out when you get into a crash. Unfortunately, insurance companies often make the claim-filing process difficult for drivers, who may need to appeal initial denials or address delays. Find out what to do when your own insurance company denies or delays your claim after a Montana car accident.

Why Claims Get Denied

Insurance companies deny claims for many reasons, not all of which are legitimate. Some of the most common examples include:

• Disputes over fault
• Claims that your injuries were unrelated to the accident
• Claims that medical treatment was unnecessary
• Missed deadlines
• Incomplete documentation
• Policy exclusions
• Coverage disputes

No matter why your insurance company has denied your claim, your next step is the same. You should contact Bliven Law Firm, P.C., to discuss your case and determine the right way to move forward with your claim, whether that means filing an appeal or taking your case to court.

What to Do After a Claim Denial

Initial claim denials are common, even for legitimate insurance claim cases. Here’s what you should do if you receive one:

1. Review the denial letter. Under Montana car accident laws, the insurer is required to provide you with a reason for denying your claim. Reviewing the denial letter can give you an idea of where your case may need strengthening.
2. Gather additional evidence. The evidence you need to argue against the denial could depend on the reason your claim got denied. It could include additional medical records, expert witness testimony, accident reports, witness statements, or photographic evidence.
3. Consider an appeal. The internal appeals process must be approached strategically. If you simply submit the same information, it may lead to the same result: the denial of your claim.
4. Determine whether the denial was in bad faith. Montana provides substantial protection against bad faith claims. If your insurer denied your valid claim without a reasonable basis, you may be eligible to recover damages beyond the original claim amount.
5. Consider filing a civil claim. If you are unable to appeal your claim successfully, filing a civil claim may be your next step. It could require filing a bad faith insurance claim, a breach of contract claim against your insurer, or a personal injury claim against the at-fault party.

There is a three-year statute of limitations for personal injury claims under MCA 27-2-204, so don’t put off hiring an attorney. Waiting for too long can limit your ability to recover compensation from your insurance company.

Why Insurance Companies Stall Legitimate Claims

Insurance companies make their money by investing the premiums. The longer they can delay a legitimate claim, the more they’ll stand to make. They use a variety of tactics to slow down the claims process, which can also leave accident victims feeling frustrated and more likely to take a lower settlement. They can include:

• Repeated requests for unnecessary documentation
• Switching adjusters mid-case
• Intentionally underestimating your medical expenses
• Extended investigations
• Slow responses to communications

If your insurer is delaying your claim, it’s time to hire a lawyer. Your car accident attorney can help identify the reasons for the delay and make sure your insurance company is taking action as quickly as required by Montana law. If paperwork errors, a lack of documentation, or any other issues are occurring on your end that are further prolonging the process, your lawyer can also help you resolve them.

Where Car Accidents Happen in Montana

The state is ranked fifth for the number of fatal accidents per resident, and non-fatal accidents are also common. Serious accidents in Big Sky Country tend to happen on I-90 over Bozeman Pass and on twisty mountain passes or at highway junctions, but they can occur anywhere. No matter where your crash occurred, your insurance company should pay your claim within a reasonable time frame.

FAQs

How Long Can an Insurance Company Delay a Claim?

How long an insurance company can delay a claim is dictated by MCA 33-18-232. Insurance laws state that companies have 30 days to pay or deny claims after receiving proof of loss. However, insurance companies can delay their decisions up to 60 days if they make reasonable requests for additional information. If you’re having trouble with your insurance company delaying your claim, a lawyer can help.

Can I File a Civil Claim Against My Insurance Company if They Deny My Claim?

You can file a civil claim against your insurance company if they deny your claim. You have the right to challenge the decision in several ways, including filing an internal appeal, requesting an external review, filing a regulatory complaint, or taking legal action. You should hire a car accident lawyer right away if you want to file a civil claim against the insurance company.

Do Insurance Companies Make Money by Denying Claims?

Insurance companies can make money by denying claims. Direct cost savings aren’t the only way that insurers improve their bottom lines, either. By keeping claim payouts low and delaying payouts, insurers maximize the amount of premium money they have and can invest. Many people give up on appealing denials, leaving insurance companies with more money and accident victims with less.

How Can You Outsmart an Insurance Adjuster?

You can outsmart an insurance adjuster by hiring a car accident lawyer to take on your case and offer you advice about how to interact with these industry professionals. Remember that insurance adjusters represent the companies they work for, and their goal is to minimize payouts. To get a fair settlement, you’ll need to negotiate. Car accident attorneys have experience in negotiating successfully with insurance companies.

Hire a Car Accident Lawyer Today

If your insurance company has denied or delayed your claim after a car accident, you should contact a Montana car accident lawyer immediately. The team here at Bliven Law Firm, P.C., can help. We represent clients who have suffered injuries in all kinds of insurance disputes, including those involving their own insurance companies.

We’ve been in practice for over 30 years, and in that time, we’ve handled all kinds of cases. We can help with yours, too. Contact us today.

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Kalispell, MT 59901

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Boardman, OR 97818