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Originally Posted On: https://www.jameshbrown.com/what-do-i-do-if-my-insurance-company-denies-me-benefits-after-an-accident/
When you are involved in a motor vehicle accident, it can feel like the whole world is against you. The other driver may deny being at fault, you may be unable to work, your body can feel like an enemy, and in some cases, your own insurance company may even deny you your “no-fault” benefits that are used for treatment. These no-fault benefits or section B benefits are very important to your personal injury case, thus, any failure to provide section B benefits on the part of your insurance company can be very detrimental.
Why Does It Matter If My Insurer Denies Me Section B Benefits?
When your insurer denies you section B benefits, this can result in you being unable to access treatments such as physiotherapy, massage, and chiropractor appointments. These treatments can be very important to your recovery process as you attempt to get back to your pre-accident level of function. But they are also important as failing to attend doctor-recommended treatments can result in any personal injury lawsuit you wish to bring for your injuries being significantly weakened. As the plaintiff in a personal injury lawsuit, you have a “duty to mitigate.” Essentially, you must make an earnest effort to recover, or you may see deductions to your ultimate personal injury award.
What Are My Options When My Insurer Denies Me Section B Benefits?
Well-insured parties may feel powerless when going up against large insurance companies who they feel have wrongfully denied them section B benefits; they are, in fact, far from it. Your insurance policy is outlined in a contract; typically, this will be what is called the SPF-1. Within this contract, there are certain rights and obligations outlined for both parties, this includes for example that your insurer is to reimburse you for “necessary medical, surgical, chiropractic, dental, hospital, psychological therapy, physical therapy, occupational therapy, massage therapy, acupuncture, professional nursing and ambulance services…” as well as necessary equipment following your injuries for a period of 2 years following the accident within an overall limit of $50, 000.00 per person.
This means that where your car insurance is failing to act in accordance with the terms of your policy, you have grounds to seek legal recourse. Though this, of course, isn’t always the most efficient option.
Talking to your adjuster and trying to figure out the issue in getting approval can result in relatively easy solutions to certain issues.
In other cases, insurers can be a lot more hesitant to fulfill their obligations, and legal recourse may become the only option.
Where Can I Go if I Am Injured And Having Issues With My Section B Benefits?
When you have been injured in an accident, calling a member of the James H. Brown and Associates Injury Law Team as soon as possible can be extremely helpful in ensuring that your case goes smoothly right from the beginning. Treatments are, of course, key to building a strong personal injury case; where you have been denied treatments by your insurer a James H. Brown and Associates Injury Lawyer can help you navigate the process. Your lawyer will reach out to the insurer in an attempt to negotiate. If the insurer continues to be unreasonable, your lawyer may choose to send a demand letter and, in certain cases, may sue your auto-insurer to ensure that you can access the services that you require.
When your auto-insurer is denying you section B benefits, and you need someone to fight for you, James H. Brown and Associates are just a call away! We will work tirelessly to ensure that you have access to the treatments and the resources to take care of yourself! Call us today for your free consultation! 780-428-0088! Our lawyers are standing by!