If you have filed a personal injury claim with an insurance company, whether it is the other party’s insurance carrier or your own, then a claims adjuster may argue that the policy in question doesn’t cover the accident. Some of the most common reasons for this could be that the person who caused the accident is not covered, the policy has lapsed, the location or the nature of the accident itself was not covered or that you do not have grounds to make a third party claim.
Bear in mind that an adjuster’s argument that there is no coverage does not mean that settlement negotiations end. Instead, the concern of coverage will simply become yet another element in your negotiations. You should first ask the adjuster to give you a written explanation of all of the reasons for denying coverage including references to the specific policy provisions, if necessary. If the adjuster will not give you information, then you should write a letter to the adjuster in question about your specific conversation. You could contact a supervisor about this as well or even file a complaint with the insurance commission in New York.
If the other sideâ€™s insurance company is denying the coverage, then verify that the claims adjuster can give you a copy of the policy or the portions that relate to the denial of coverage so that you can verify it for yourself. Having your own New York personal injury attorney review this material can also be important. An adjuster might also try to sway you into discontinuing arguing with them by telling you that their lawyers have agreed there is no coverage. They might even go so far as to send a letter from their companyâ€™s lawyer stating this. Do not be swayed by this and instead, present it to your own personal injury attorney to verify.
Jayson Lutzky is a Bronx, NY attorney handling personal injury cases. He has recovered millions for clients who were victims of accidents over the past 32 years. Accident victims may be entitled to compensation for medical bills, lost wages and past and future pain and suffering. Call 718-514-6619 to set up a free in-person consultation with Mr. Lutzky. Visit www.MyNewYorkCityLawyer.com to learn more about the types of accident cases that Mr. Lutzky handles.