Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Notify the Insurer Promptly
As soon as possible after an injury, contact the at-fault party’s insurance company. Provide basic claim information, including the date, location, and policy number. Prompt notice helps preserve your rights and triggers the insurer’s duty to investigate.
2. Provide Comprehensive Medical Documentation
Gather all medical records, itemized bills, and related documentation. Sign and submit a medical authorization so the insurer can verify treatments. Complete records reduce disputes over the necessity and cost of your care.
3. Submit a Formal Demand Letter
Draft a written demand letter outlining the facts, liability evidence (e.g., police report, witness statements), and total medical expenses. Include copies of your documentation. A clear demand gives the insurer a roadmap to value your claim accurately.
4. Track Communications and Follow Up
Send all correspondence via certified mail or secure email. Keep records of dates, times, and names of contacts. Consistent follow-up demonstrates diligence and can prompt a timely response.
5. Understand Unfair Claim Settlement Practices
Indiana law prohibits insurers from unfairly denying or delaying payments. See Ind. Code § 27-4.1-1-26 for prohibited practices. If an insurer fails to act in good faith, you may file a complaint with the Indiana Department of Insurance or pursue bad faith remedies.
6. Consider Litigation Before the Statute of Limitations
Indiana sets a two-year deadline to file most personal injury lawsuits. See Ind. Code § 34-11-2-4. If the insurer still refuses, timely filing protects your right to seek judicial relief.
Helpful Hints
- Review your insurance policy’s notice and proof-of-loss requirements.
- Obtain a copy of the police or incident report if available.
- Keep a detailed record of medical appointments and out-of-pocket costs.
- Consider hiring a public adjuster or medical billing advocate for complex claims.
- If you suspect bad faith, document all delays and denials for your complaint.