Pueblo CO Insurance Claims Lawyer
You’ve seen the commercials. Insurance companies present themselves as being like could neighbors or telling you that you’re in good hands. But that is not always the case. In this area, however, the law may be on your side.
Insurance companies have a contractual obligation to satisfy the terms of a policy. This could either be a liability policy or a personal injury protection policy. In the case of homeowner’s insurance, it’s a combination of both.
At Brylak Law, we ensure that those who are getting the runaround by an insurance carrier get the money that they are owed under the law. If your injury claim has been unfairly denied or you think you deserve a better settlement off than you’re getting, contact us today to discuss your options.
Two Types of Insurance Claims
Insurance claims can be divided into two different kinds. There are claims that you make on your own policy and claims that you make on someone else’s policy. If you’re making a claim on your own policy, it’s a personal protection policy that either you or someone acting on your behalf have paid into. If you’re making a claim on someone else’s policy, it’s a claim against a liability policy that they pay into.
Liability policies are meant to protect a policyholder from negligence claims. For instance, Colorado works on a tort system for auto insurance. A negligent party is expected to pay for injuries and property damage to the other party. In addition, drivers can purchase uninsured/underinsured driver policies that pay out in the event that the at-fault driver does not have insurance or their insurance coverage is not enough to cover your damages.
Homeowner’s insurance is several policies that are bundled together. It not only protects you from liability if someone is injured on your property, but it also protects you if your home is damaged by a storm.
Filing a Claim Against an At-Fault Party’s Insurance Policy
If you are filing a claim against another party’s insurance policy, you are making a claim that they are responsible for your injuries. Their insurance policy protects them from paying out of pocket. In this case, their insurance company acts as their attorney and represents them during the settlement. The insurance company’s motives are thus aligned with their policyholder’s. The insurance company wants to pay out as little as they possibly can.
On the other side, you and your personal injury attorney want to ensure that you get the maximum return on your claim. Insurance companies will almost always offer lowball offers at first in order to see what you’re willing to settle for. They will interpret ambiguities and gaps in the case file against you. This forces you into the position of proving every claim that you make.
Filing a Claim Against Your Own Insurance Policy
When you sign a contract with an insurance company, the insurance company must abide by the terms of that contract. They have a fiduciary duty to act in your best interests at all times — but only insofar as they are obligated by the terms of your policy. In certain cases, they can legally wiggle their way out of the policy by claiming that you have violated the terms of the contract.
Personal policies of this type include:
- Life insurance policies,
- Health insurance policies,
- Long-term private disability policies,
- Uninsured/Underinsured motorist policies,
- Property protection on your homeowner’s insurance, and
- Personal injury protection insurance.
Why Are Insurance Policy Claims Denied?
If you are making a claim against another party’s liability coverage, the insurance company can dispute whether or not the accident was actually their policyholder’s fault. In Colorado, even if you are partly to blame for an accident, you can still recover a certain percentage of your damages so long as your share of the blame is not greater than the other party’s. For this reason, their insurance company has every incentive to lay the blame square with you and will do so to the extent that they are able. They may also claim that your injuries were only exacerbated by the defendant’s negligence to diminish their policyholder’s liability.
In cases where you are making a claim against your own insurance, your insurance company will research the circumstances surrounding your claim and either approve or deny it on the basis of the policy’s terms. In some cases, when they deny a claim, they do so without good cause. If that’s the case, the insurance company can be held liable for additional damages.
Talk to a Pueblo CO Insurance Claims Lawyer
Brylak Law represents injured parties in claims against insurance companies. Our job is to maximize your settlement and ensure that your insurance company is acting in your best interests as required by law. If you believe your insurance company has denied your claim unfairly, contact us today.
Why Was My Life Insurance Claim Denied?
Insurance companies make their money in a couple of different ways. Firstly, they don’t just deposit your money into a savings account, they invest it on the market. Secondly, when they have a large account that is ready to pay out, they find a way to deny the claim. If you’ve paid into a life insurance or disability insurance policy for years and your insurance company turns around and denies your claim, you can fight back.
If you’ve been denied a life insurance claim as the beneficiary of a policy, you are entitled to an appeal. In some instances, a valid denial has been made on the policy. In other instances, the insurance company denied the claim in bad faith or made a serious mistake. The Pueblo CO insurance claims lawyers at Brylak Law have seen a number of instances in which insurance companies denied life insurance claims. Those include when:
- A death occurs during a contestability period — usually the first two years of the policy;
- The policyholder makes a claim or fails to report a behavior (like smoking) that the insurance company later discovers is false;
- A death occurs during the application period — the insurance company may have offered temporary life insurance during this periods;
- An accidental death benefit is denied — the insurance company may offer the face value of the policy;
- The claim is denied due to a payment lapse;
- The insurance company settles an incontestable policy for a reduced amount of benefits.
If you’re having difficulty with an insurance company honoring your policy, speak to a Pueblo CO insurance claims lawyer at Brylak Law today. We can help you during the appeals process.
Why Was My Disability Benefits Insurance Claim Denied?
There are a few reasons that insurance companies deny disability insurance claims. Those can include when:
- The insurance company claims that your illness is not severe enough to restrict you from working;
- You haven’t supplied enough medical proof that there is an injury that prevents you from working;
- The restrictions that you are claiming disability for are mental — as in mental illness — rather than physical.
Contact a Pueblo CO Insurance Claims Lawyer Today
If your claim has been denied, you don’t need to give up. Insurance companies are beholden to contract law and must satisfy claims when they’ve agreed to do so. Call a Pueblo CO insurance claims lawyer at Brylak Law, and we will begin preparing your appeal immediately.