One of your worst fears came true. You were in a car accident that left you with some significant injuries. You expected the responsible party's insurance provider to take care of you, or at least your own, but in your attempts to seek compensation for your losses, all you've been getting is the runaround or a complete denial of your claims. What can you do?
The laws of West Virginia allow you to seek compensation for your losses through legal means. To do this, though, there has to be evidence that another person's negligence contributed to your injuries. Before you can take an issue like this to court, working with insurance providers first is a must. If that proves ineffective, then litigation may be the only way for you to seek relief.
Working with insurance
Shortly after insurance receives a car accident claim, a claims adjuster is assigned to the case. This person has the job of deciding how much your case is worth -- if anything. The insurance provider may flat out deny your claim based on the adjuster's findings or offer you a little as possible. It isn't right, but that is how it works.
If your claim fails to receive approval or the insurance offer is far from what you believe you are entitled to, you have options. You can:
- Send a demand letter
- File an appeal
- Litigate if appropriate
A demand letter, which an attorney usually drafts, is not about sharing why you believe you deserve compensation. It includes the dollar amount you feel is appropriate for the damages you've suffered and details as to why you believe the fault lies with the other driver. If a demand letter proves ineffective, filing a formal appeal is the next step. Each insurance carrier has its own process for doing this. Finally, if your appeal is unsuccessful, you may file a personal injury claim in civil court.
Do not let an insurance provider write you off
If you file a claim with insurance after a car accident, and the provider fails to offer fair compensation for your losses, you do not have to sit back and take it. It can be intimidating to go up against an insurance provider when wanting to seek relief. Thankfully, that is something you do not have to do all on your own. You can seek assistance in your fight for maximum compensation.