What to Do When the Insurance Won’t Pay
I was referred to Jesse from my chiropractor after he reccomended I give him a call a couple of times. I was nervous to call an attorney, but so glad I did! Jesse Bablove handled everything while also ensuring I received any aftercare I needed to recover from the accident! Recognize your value and worth and give them a call. Thank you guys for going above and beyond!
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Jeff RenfroUpon being referred to the guys at Kohan & Bablove Injury Attorneys, I spoke with Jesse about my case, and from the get go he was super hands on and a genuine guy who treats you like family and cares for the well being of his clients. I would definitely recommend Jesse and his team to one of my friends or family members!
jared batsonWhen you’ve been in an accident, you want the compensation you deserve. This means requesting payment from the insurance company. However, this is not always as simple as you’d think. The insurance company wants to pay as little as possible for the damages.
Insurance companies are notorious for being difficult to work with. They may provide some sort of compensation for the accident, but it may not be enough or they may not want to pay at all. When this happens, talk to the lawyers at Kohan & Bablove Injury Attorneys. We can help you get the insurance payments you deserve for your accident.
Get an Explanation from the Insurer
If the insurance company denies the claim, you may request answers on why it was denied. In some cases, they may be missing information. Your lawyer can help you gather the information you need, potentially getting the answers you need to get a settlement offer.
Otherwise, this information can help you document every part of your case. Your lawyer can help you use any and all information about your case in court.
Send a Demand Letter
Insurance companies want to increase their profits as much as possible, which means they may deny your settlement or lowball it. Proving you know what your claim is worth can be vital.
To do this, you can send a demand letter with your lawyer’s help. Your lawyer can help you determine what damages you’re due and evidence of your damages, and they can help you send that letter to the insurance company.
Use Your Own Policy
In a fault state like California, you’re typically expected to seek compensation through the at-fault party’s insurance company. If they fail to pay for your damages, you may instead want to seek out compensation from your own insurance company.
In these cases, your insurance company may pay out for your injuries, then seek out repayment from the other company through a process called subrogation. That takes the pressure off you and helps you get the funds you’re due.
Filing a CDI Complaint for Bad Faith Insurance Denials
A “bad faith” denial happens when an insurance company unreasonably refuses to pay a valid claim or deliberately delays your settlement. By law, insurers must handle claims fairly, but an uncooperative insurance adjuster might ignore clear evidence or offer an unfairly low payout without justification.
If your insurer uses these unfair tactics, you can take action by filing a formal complaint with the California Department of Insurance (CDI). The CDI investigates improper claim handling to protect consumers and hold companies accountable.
To submit your complaint, follow these steps:
- Gather Evidence: Collect your policy details, official denial letters, and any relevant medical liens.
- Submit the Form: Fill out a Request for Assistance (RFA) online through the CDI website.
- Attach Proof: Include all written records and communication showing the insurer’s unfair delays.
Navigating this process while recovering from a car accident can be exhausting. Before submitting your official complaint, consider consulting an attorney to protect your legal rights and help secure the compensation you deserve.
File a Lawsuit
If the above fails, you’re not out of options. You can contact an accident lawyer who can bring the case to court for you. They will gather the evidence, find who is at fault, and then seek fair compensation for the damages.
The insurance company may or may not decide to settle out of court. In instances where they do not, a judge will be the deciding factor on who has to pay and how much they have to pay.
Seek a Lawyer When Insurance Won’t Pay
It is important to seek legal guidance in a case like this one. You need to have compensation for what you’ve been through. The insurance company must be held accountable. A specialized attorney can help with this.
Every case is different, and you should get the help necessary. The attorneys at Kohan and Bablove Injury Attorneys are ready to help you recover the funds you’re due for your injuries. When you’re ready for your free consultation, call 949.535.1341 or complete the online contact form below. We can speak with you about the many options available.
Frequently Asked Questions
An insurance company acts in bad faith when it unreasonably refuses to pay a valid claim, denies coverage without a proper investigation, or intentionally delays settlement payouts. California law requires insurance providers to evaluate claims fairly, transparently, and without unjustified pushback.
You can submit a formal complaint by filling out a Request for Assistance (RFA) directly on the California Department of Insurance (CDI) website. Make sure to compile and attach all critical evidence, such as policy paperwork, denial letters, communication records, and medical liens.
Yes, you should immediately ask the insurer for a detailed, written explanation outlining the exact reason for the claim denial. This documentation helps your personal injury attorney identify missing files or uncover bad faith tactics that can be effectively challenged in court.
Subrogation occurs when your own insurance company pays for your immediate medical treatment or vehicle repairs and then legally pursues the at-fault driver's insurer for reimbursement. This administrative process effectively removes financial pressure from you while ensuring your bills are paid timely.
If an insurance provider ignores a demand letter or responds with an unjustifiably low offer, your lawyer can file a civil lawsuit. Initiating litigation signals to the insurer that you are ready for trial, which frequently motivates them to offer a fair settlement outside of court.
