Can I Sue My Insurance Company for Denying My Claim in Massachusetts?
When an insurance claim is denied, Massachusetts victims may be unsure what to do next. If an insurance company acted in bad faith, you may be able to file a lawsuit in Massachusetts.
After an insurance claim is denied in Massachusetts, victims can challenge a claim or pursue litigation if an insurance company acted in bad faith or in breach of contract. If you choose to sue an insurance company for unjust claim denial, be sure to hire an attorney. Proving that an insurance company acted in bad faith can be challenging. If your claim was denied or your settlement was insufficient, yet an insurance company did not act in bad faith, you might be able to sue a negligent driver or an insurance company for breach of contract. Although Massachusetts is a no-fault state for car accidents, victims can still file lawsuits if their injuries are severe enough.
We’re here to help Massachusetts car accident victims recover the compensation they deserve. For a free case evaluation with the Boston car accident lawyers at the Law Office of John J. Sheehan, call today at (617) 925-6407.
What Can I Do if My Insurance Company Denies My Claim in Massachusetts?
Massachusetts is a no-fault state for car accidents, meaning victims’ first option for recovery is often to file a claim with their own personal injury protection (PIP) insurance. If you’ve filed a claim with your insurance carrier, you might think you have a better chance of getting a sufficient settlement. In reality, insurance companies rarely want to pay claimants what they’re due, even for their own customers. If your recent car accident claim was denied in Massachusetts, you have several options. Victims can either challenge a denial or head straight into litigation against an insurance company.
Challenge a Denial
An insurance company might deny a car accident claim for several reasons in Massachusetts. Perhaps your initial claim did not contain enough evidence, leaving room for your PIP insurance carrier to question an accident’s events. Not providing sufficient proof of damages, like records of medical bills and lost wages, might also result in claim denial. If this happens, your Woburn car accident lawyer can help you challenge an insurance company’s decision.
Often, claimants can ask for a rejected claim to be reexamined and provide additional evidence to support their claim. An experienced Somerville car accident lawyer can gather the necessary information that might have been missing from an initial claim to make an insurance company reconsider. When you have a skilled attorney by your side from the get-go, you can lower the chances of a claim being denied for lack of evidence.
File a Lawsuit
If you filed a claim with your PIP insurance after a car accident and it was denied, you may be able to file a lawsuit for breach of contract or acting in bad faith. When your claim is denied, speak to an attorney. A lawyer can review your insurance claim to determine if there were legitimate issues with it or if an insurance company denied your claim without reason. If you can’t sue an insurance company, you might be able to sue the negligent driver responsible for your injuries in Massachusetts.
Generally, car accident victims in Massachusetts have six years to sue an insurance company for unfairly denying a claim. While that may seem like a long period of time, it is best to act quickly after your claim is denied. If you require compensation after an accident and your recent insurance claim was denied, waiting to file a lawsuit against an insurance company might cause unnecessary strain on you and your family.
When Can I File a Lawsuit Against an Insurance Company for Claim Denial in Massachusetts?
In some cases, Massachusetts car accident victims whose insurance claims have been denied can file a lawsuit against their personal injury protection insurance carriers. In order for victims to sue, an insurance company must have acted in bad faith or in breach of contract.
In Massachusetts, insurance companies are required to act in good faith and in accordance with contracts with policyholders during the claims process. Any breach of contract that results in claim denial, or any act of bad faith that results in claim denial, might be reason to file a lawsuit in Massachusetts. The following tactics are common examples of ways insurance companies might act in bad faith or in breach of contract:
- Unreasonable delay of a claim
- Unreasonable denial of a claim
- Failure to thoroughly investigate a claim
- Misrepresenting policies
- Threatening claimants
- Cancellation of a policy after a claim is filed
- Intentional miscommunication with claimant
Consult an attorney if an insurance company acted in bad faith or in breach of contract during the claims process, leading to your claim being unjustly denied or delayed. If so, you may be able to file a lawsuit against an insurance company and recover greater damages than you might have in an insurance settlement.
Can I Sue a Negligent Driver if My Insurance Claim is Denied in Massachusetts?
If your insurance claim has been denied, and there is no evidence of an insurance company acting in bad faith or that it acted in breach of contract, you might be at a loss. How can you handle medical expenses and other losses without a settlement from your PIP insurance carrier? If your injuries meet the necessary criteria, you may still be able to sue a negligent driver in Massachusetts, potentially doing away with the need for your insurance claim.
Suppose an insurance company denied your claim or refused to pay you an adequate settlement. If it did not act in bad faith or in breach of contract, you cannot file a lawsuit against your insurance company in Massachusetts. However, you may be able to recover compensation in a lawsuit against a negligent driver.
Although Massachusetts is a no-fault state for car accidents, victims can still sue a negligent driver if their injuries are severe enough. If your PIP settlement does not sufficiently cover the cost of your injuries and emotional damages, you may be able to file a lawsuit against an at-fault party. Only certain catastrophic injuries qualify victims to file a lawsuit against a negligent driver, so ask your Saugus car accident lawyer if you can sue.
Call Our Massachusetts Lawyers After Your Car Accident
If you were recently injured in a car accident in Massachusetts, our attorneys can help. For a free case evaluation with the Peabody car accident lawyers at the Law Office of John J. Sheehan, call today at (617) 925-6407.