What Do I Do If My Insurance Company Wrongfully Denies My Insurance Claim?

February 12, 2021

As experienced Martinsburg bad faith lawyers, this is one very common question we get often. “What do I do if my insurance company wrongfully denies my insurance claim?” Below, we discuss six essential steps to take if you believe your insurance company has committed bad faith against you.

How to File a Bad Faith Claim

If you believe your insurance company has wrongfully denied your insurance claim, we recommend that you speak with an experienced lawyer about your situation. One of our West Virginia insurance lawyers can answer your questions and help you with the following steps:

  1. Review the contract. Thoroughly review your insurance contract to ensure there has been a violation. If you are unsure, speak to an insurance bad faith lawyer in Martinsburg. The language of these contracts can be confusing.
  2. Keep logs of all claims. It is vital to keep all documentation related to your original claim. Keep any evidence, including photos, accident reports, receipts, and any insurance company correspondence.
  3. Document the denial. If the insurance carrier denies a claim, request that a supervisor with the carrier review the denial. Again, document every interaction you have with the insurance carrier.
  4. Make a final demand. Before a lawsuit is filed, you need to show that you attempted to settle your claim. Do this by sending a demand letter detailing your claim. Typically, insurance carriers have 15 to 60 days to respond to a demand letter. If the insurance carrier refuses to settle a claim within that period, move forward exploring your options with a lawyer.
  5. File a complaint with the West Virginia Insurance Commissioner. While taking steps to file a lawsuit, file a complaint with the West Virginia Insurance Commissioner’s This department will likely also attempt to secure a resolution to your claim.
  6. Speak to a lawyer. At any point during this process, you can choose to speak to a skilled attorney about your claim. Preferably, involve an attorney as soon as you suspect that your insurance carrier is operating in bad faith.

Contact Our Bad Faith Lawyers Today to Discuss Your Potential Claim

At Manchin Ferretti, we help West Virginia policyholders obtain the insurance benefits they need and deserve. Feel free to reach out to us to discuss your potential claim. You can call us at 304-264-8505 or contact our firm online to set up your free consultation today.



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