Was your slip and fall claim denied? It’s frustrating if an insurance company turns down your claim after an accident. If you got hurt because you slipped and fell due to an unsafe condition that was someone else’s fault, you deserve compensation for your injuries. It feels unfair that the insurance company stood in your way and kept you from getting the help that you need.
But there’s still hope. Even if an insurance company denies your claim, you might still be able to win in the end.
Should I Call An Attorney, Or Try On My Own?
This blog post provides some information about the tricky process of navigating insurance claims on your own. Still, it’s important to keep in mind that hiring an attorney may be the best way to maximize your recovery. A personal injury law firm will have the necessary tools, resources, and experience to make sure you recover the most on your claim. We often see clients who have tried to negotiate claims independently before calling us in frustration. Unfortunately, mistakes made before an attorney was consulted sometimes make it much more difficult to obtain a fair recovery. Because consulting with an attorney is free, we recommend you protect yourself by speaking with an attorney before trying to handle your claim on your own.
Why Do Insurance Companies Deny Slip and Fall Claims?
Insurance companies make money by paying as little as they can on claims. If they can find a way to deny a claim, they will. They hope that people will just give up at that point – and many, unfortunately, do.
The insurance company does have to provide a reason, though. It can’t simply say, “Slip and fall claim denied just because we felt like it.” When you look at their reasons, you’ll have a better idea if you have a good path forward for continuing to pursue your claim.
Some of the reasons insurance companies give for refusing to pay for slip and fall claims include:
- You didn’t provide enough evidence to show that the property owner was negligent and, therefore should be held responsible for your injuries.
- You didn’t provide enough evidence to show that you were injured when you fell.
- You didn’t file your claim correctly or didn’t provide all the required information.
- You asked for an unreasonably high settlement amount.
- You didn’t mitigate your injuries, which means that you didn’t take care of your injuries properly, for example, by not seeking necessary medical care or not following your doctor’s advice.
What Are Your Options After Your Slip and Fall Claim Was Denied?
Depending on the reasons for the denial, you have several different options for moving forward with your slip and fall claim:
File a complaint with the state insurance commissioner
Insurance companies are required by law to deal fairly with claimants and to act in good faith. If the insurance company did not live up to this standard, you might be able to file a complaint with the state, or you may be able to sue the insurance company.
Continue negotiating with the insurance company
If you can address the insurance company’s reasons for denial, for example, by providing more evidence, you can do that and continue to negotiate.
File a claim against a different party
In some cases, the company or person you filed a claim against turns out not to be responsible for your injuries – but some other company or person may be.
File a lawsuit against the property owner
If you can’t get anywhere with the insurance company on your own, you can file a lawsuit in court. In Maine, you can sue in small claims court if the amount at stake is $6,000 or less. (Other states may have different limits, so if you’re not in Maine, check with your local court system.)
If the amount exceeds the small claims court limit, you’ll need to file in a higher court. Unlike a small claims court case, suing in a higher court is not a do-it-yourself project. You’ll need the help of an experienced slip and fall lawyer. The personal injury attorneys at Garmey Law can provide a free case review, let you know if you have a claim worth fighting for, and help walk you through it.