How to Appeal a Denied Car Insurance Claim in Massachusetts?
Dealing with insurance after an accident can be frustrating, especially when you are relying on the payout to pay medical bills or repair your vehicle. It’s no secret that they are often happy to deny claims, but how can you appeal a denied car insurance claim in Massachusetts when it is valid? The Boston car accident lawyers with the Cashman Law Firm have seen this many times, and we are here to help you appeal unfair denials and get the compensation you need.
Review Your Claim Denial Letter
Review your denial letter and make sure the information they have reported is correct. If you find errors, get those corrected before pursuing an appeal. Then, take a look at the reason for denial. There are several reasons your accident claim might be denied:
- Insufficient coverage
- Policy Exclusions
- They found you to be at fault based on the Massachusetts standards of fault
Massachusetts is a no-fault insurance state, meaning you will file a claim with your own insurance first, regardless of who is responsible. However, if your damages exceed your policy limits, you may then file a claim with the other driver. This is where you may get a denial based on liability.
What You Should Know Before Appealing
According to the Massachusetts Board of Appeals, you can find the appeal form on the back of your denial notice. You must complete this form and mail it to the Division of Insurance. If you did not receive a denial or missed the 30-day deadline because you misplaced the denial, you can contact the issuing insurance company or request a late appeal form from the Merit Rating Board. You must submit a $50 check with your appeal request.
Preparing for the Appeal Hearing
Once you submit the appeal, you should receive a date for your hearing. These typically come with about three weeks’ notice. You may choose to conduct the hearing yourself virtually, through a written statement submitted at least 5 days prior to your scheduled hearing, or with a representative sent in your place. Most often, this representative is an attorney.
To prepare for the hearing, you should gather all of the necessary evidence from your accident case. An accident attorney can help you determine which evidence is necessary to successfully win your appeal.
Useful Evidence in Your Appeal
In many ways, the appeal process can look similar to the original claim and negotiation process. The goals of both procedures are to provide evidence that not only are you not more than 50% responsible for the accident, but that the other driver was. Some of the common pieces of necessary documentation include:
- Photos of the accident scene
- Witness statements
- Police reports
- Documentation regarding the vehicle damage
- Phone records
You should have this information gathered prior to your appeal date, and bring it with you on the day. If you have chosen to appeal through a written statement, this information should be enclosed with that.
If you are unsure of how to proceed, an attorney can be an invaluable asset to successfully appeal and maximize what you can recover.