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How to proceed if your car accident claim is denied

by | Aug 16, 2018 | Motor Vehicle Accidents

Drivers in New Mexico pay for car insurance coverage and, for good reason, there is an expectation that damages will be paid for when there is a car accident. Unfortunately, insurance companies would rather hold on to their money and will sometimes deny a claim. While there are times when denials occur because drivers commit insurance fraud, this is rare. If you have a legitimate claim and have been denied, there are a couple routes you can take against the insurance company.

The Office of the Superintendant of Insurance of New Mexico offers consumer assistance for those who are having difficulties with their insurance company. This service can be when there is a complaint against a particular insurance company or an individual agent or adjuster. Making a complaint will result in an investigation to see if a violation of an insurance code occurred. This route does not determine liability or payment of damages, so a more popular definitive move is to speak with an attorney.

FindLaw discusses that there are a couple of legal avenues that can be pursued if it is suspected the insurance company is acting in bad faith by not paying a claim. Depending on your jurisdiction, either a breach of contract or a tort claim can be brought against the company. A tort can result in the payment of more types of damages than a breach of contract might. Depending on your specific situations, one or more of the following damages may be sought:

  • Consequential
  • Compensatory
  • Attorney’s fees
  • Punitive