If my car accident claim was denied, what do I need to do for them to re-evaluate it?

Asked on August 17, 2013 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The only way to compel them to re-evaluate it would be to sue. If it's own insurer, you would sue them for breach of contract (since the insurance policy is a contract): that is, not providing the coverage they contractually agreed to provide. If it's the insurer of another driver, you'd have to sue the other driver--assuming you think (s)he was at fault (since only an at-fault driver is resonsible to pay for your injuries, losses, or costs)--not the insurer; that's because the other driver's insurer has an obligation to defend their insured, but does  not have an obligation directly to you.

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