An uninsured motorist accident can potentially mean you are unable to receive compensation for your injuries and any damages. Recovering from your own insurance company can sometimes be tricky because no insurance company likes to pay out on a claim. If you have been consistently denied compensation for your claim and have decided to take your insurance company to court, the tactics below might prove helpful.
Keep and Use Documentation
Hopefully, throughout the negotiations regarding your claim you have kept records of all conversations between you and the company and have keep the documents sent back and forth. These records will be your primary offense in proving that your company is wrongly denying your claim. Through these documents you can show that your claim was made, that the amount requested was reasonable, that the company was informed that the other party did not have insurance and that the company still refused to honor your claim.
Consult Your Contract
Prior to taking your insurance company to court or accusing them of not honoring your claim, you must first make sure that you have the coverage and are entitled to your claim being paid. Read your contact thoroughly, including the clause that provides you with coverage in an accident with an uninsured motorist.
Provide Evidence of Your Claim
The next step is for you to combine all of the documentation and other evidence you have regarding your entitlement to compensation and the insurance company’s failure to pay your claim. You can provide this information either in court at the time you file a complaint or in a letter to your insurance company stating your intention to file a case against it for failing to abide by the contractual terms. This warning may induce the company to pay your claim.
File A Court Case
Litigation regarding an insurance company’s failure to pay on an uninsured motorist accident claim is a breach of contract case. The initial filing is a complaint in which you state the facts and request the court to grant you funds. However, in this filing you must attach a copy of the contract upon which your claim is based. This is the way the court will determine whether you are in fact entitled to compensation.
Obtain Legal Representation
If your insurance company has failed to pay you on a claim you believe you are entitled to under an uninsured motorist clause in your contract, seek legal representation to assist you in your case. An attorney will tell you what you are entitled to as compensation for your injuries and damages.
