Insurance companies deny claims for many reasons — some legitimate, many not. Whether the denial is based on coverage, fault, or causation, you generally have routes to challenge it.
The Detailed Answer
Get the Denial in Writing
Demand a written explanation citing the policy provisions and reasons for denial. Verbal denials are not enough. The written denial may be the foundation for an appeal or bad faith claim.
Common Denial Reasons
- Disputed liability or comparative fault claims.
- Causation disputes — “injuries pre-existed the crash.”
- Late notice or non-cooperation.
- Policy exclusions.
- Disputed coverage limits or named-insured issues.
Insurance Bad Faith
Delaware recognizes bad faith claims against your own insurer when the insurer denies, delays, or undervalues a claim without reasonable basis. Statutory standards under 18 Del. C. § 2304 identify unfair claims practices. Bad faith damages may exceed policy limits and include attorney fees in certain cases.
Litigation Against the At-Fault Party
For third-party claims, the carrier’s denial may be challenged by filing suit directly against the at-fault driver. Discovery may produce evidence the carrier has been ignoring.
Regulatory Complaint
The Delaware Department of Insurance accepts consumer complaints. While not a substitute for legal action, a complaint may add pressure and create a record.
What This Means for Your Case
Denials are negotiating positions as often as they are final answers. Joseph M. Jachetti’s decade as an insurance claims adjuster before becoming a Delaware personal injury lawyer informs how the firm responds to denials and pushes back.
Related Questions
Q: What is insurance bad faith?
See insurance bad faith in Delaware.
Q: How long do I have to sue?
Delaware generally provides a two-year statute under 10 Del. C. § 8119. Different rules may apply to first-party insurance claims.
Q: Should I appeal or sue?
It depends on the type of claim, the policy, and the facts. A lawyer may help decide.
When to Talk to a Delaware Personal Injury Lawyer
A denial deserves a serious response. The Delaware auto accident team at Schuster Jachetti LLP may be able to help you challenge it. Learn about Joseph M. Jachetti.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.