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Lawsuits & Litigation

Legal Ways to Handle Insurance Claim Denials

— September 18, 2019

Is your insurance company acting in bad faith and unreasonably denying your claim? There are legal ways to fight this if it happens to you.

There are some legal ways for you to fight back against your insurance company because you cannot allow them to deny your claims, take money out of your pocket, and prevent you from feeling as though do not have any legal recourse. Insurance companies have teams of lawyers that work with them, and you need to ensure that you have a lawyer like those at Foyle Legal Perth who will work with you. Plus, you can use all seven tips to fight for your rights and proper representation.

Hire a Lawyer

You must hire a lawyer so that you can get the help you need. Your lawyer knows how to fight the insurance company, and your lawyer will let you know what they think would be the best option for you. Your lawyer will begin to review the case to see what they should do to help you, and you also need to remember that it is easier to let your lawyer investigate the case because they know how to read contracts.

Review Your Policy

Your lawyer can search for loopholes in your policy that the company is using to defraud you. When this is the case, you can file a claim that your insurance company is breaking the law. When the insurance company knows they have been caught, they will often settle or relent. Plus, you need to make sure that you have checked the policy for any loopholes you can use to get coverage.

Review the Insurance Company’s Ethics

When you are working with the insurance company, they will have you talk to agents and adjusters. These agents and adjusters might say the wrong thing or give you bad information. When this is the case, the insurance company has no room to deny your claims because they did not follow their policy to the letter. Ask your lawyer to interview all these people to learn what happened when your claim was filed or adjusted.

Document Everything the Insurance Company Does

You can document everything the insurance company does to show that they are using unethical practices. You may catch the insurance company in a lie, or you may find that someone who works for the insurance company is actually violating the law when they are communicating with you. You may find out that the insurance company is not following their own policies when you compare their actions with the policy. Plus, you may find that you can use this information in a settlement.

Use Precedent

You can use precedent to show that this company has been guilty of similar things in the past. When your lawyer has this sort of information, they can show that your insurance company is engaging in a pattern of behavior that is unlawful. Because of this, you may be able to get the insurance company to settle because they do not want to be embroiled in a criminal investigation of their practices.

Show How You Have Been Injured

Person walking in darkened hallway; image by Andrew Amistad, via
Person walking in darkened hallway; image by Andrew Amistad, via

If you have been injured or gotten sick because of what the insurance company did, you can file a claim against them for damages because they were negligent. When you are filing a claim for negligence, you are showing that their inaction has caused problems for you or your family. You can use medical records to prove cases like this, and you should ask your doctor for help with this part of the case.

The Case Can Go to Court

Most insurance companies do not want to go to court because your lawyer could use information about the case to besmirch their name. The insurance company does not want to litigate a case where all their dirty laundry will be put on display for the public, and they do not want that information on the public record where it could be used against them. Ask your lawyer if going to court is the answer.


There are a number of reasons that you need to work with a lawyer when fighting your insurance company. You may have been denied coverage or had a claim go unpaid. Use these tips to ensure that your insurance is held to account for the things they have done.

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