Can I sue for denying my claim?

Asked by: Rigoberto O'Hara  |  Last update: March 25, 2025
Score: 4.4/5 (73 votes)

It's not uncommon for policyholders to sue their healthcare insurers for denial of a claim, mainly when the claim is for a service that is crucial to their health and future or the health and future of a loved one.

Can I sue my insurance company for denying my claim?

Insurance Companies Can Be Held Accountable

It is possible to sue your insurance company in certain circumstances. If your insurance company denies your valid claim, you can file a lawsuit against them.

What happens if your claim gets denied?

If you receive a denial letter review it carefully.

It will tell you about your next steps for appealing their decision. Your insurer must provide to you in writing: Information on your right to file an appeal. The specific reason your claim or coverage request was denied.

What to do when my claim is rejected?

Be persistent

If your resubmitted claim is denied and you believe the denial was improper, you may appeal the decision according to the carrier's guidelines. Make sure you know exactly what information you need to submit with your appeal.

How do you respond to a denied claim?

I am writing to request a review of your denial of the claim for treatment or services provided by name of provider on date provided. The reason for denial was listed as (reason listed for denial), but I have reviewed my policy and believe treatment or service should be covered.

If the insurance company denies my claim, can I sue them?

25 related questions found

How do you handle claim denial?

Steps to Appeal a Health Insurance Claim Denial
  1. Step 1: Find Out Why Your Claim Was Denied. ...
  2. Step 2: Call Your Insurance Provider. ...
  3. Step 3: Call Your Doctor's Office. ...
  4. Step 4: Collect the Right Paperwork. ...
  5. Step 5: Submit an Internal Appeal. ...
  6. Step 6: Wait For An Answer. ...
  7. Step 7: Submit an External Review. ...
  8. Review Your Plan Coverage.

Can you dispute a rejected claim?

If your claim is rejected, you can lodge a dispute with the insurer using their internal dispute resolution process or contact an insurance claim lawyer for help. If you still can't achieve your desired outcome, you can take legal action or pursue other outside options.

What are the 3 most common mistakes on a claim that will cause denials?

Here, we discuss the first five most common medical coding and billing mistakes that cause claim denials so you can avoid them in your business:
  • Claim is not specific enough. ...
  • Claim is missing information. ...
  • Claim not filed on time (aka: Timely Filing)

What happens if I don't respond to an insurance claim?

When a claim is left unaddressed, it may lead to the insurance company assuming that you're at fault. This could result in you paying higher amounts than if you had addressed the claim promptly. Not responding to a claim can be seen as a breach of your insurance contract. This can lead to legal actions against you.

Can I sue my insurance company for emotional distress?

Yes, you can sue for emotional distress under the common law standard, but it can be hard to prove. This is because you must show that the result of your claim denial caused you pain and suffering or emotional distress. This intangible loss can be more difficult to prove than, say, the cost of medical bills.

How often do insurance companies deny claims?

Companies' denial rates vary more than would be expected, ranging from as low as 2% to as high as almost 50%. Plans' denial rates often fluctuate dramatically from year to year.

Which is an example of a denied claim?

Example 1: Prior Authorization

This can be an extensive process, and waiting for the authorization can be annoying for lack of a better term. But if the service gets completed before receiving prior authorization, the claim will get denied, leaving the patient to pay for the full bill.

Can you fight a denied claim?

If an insurance company denies a request or claim for medical treatment, insureds have the right to appeal to the company and also to then ask the Department of Insurance to review the denial. These actions often succeed in obtaining needed medical treatment, so a denial by an insurer is not the final word.

How to sue an insurance company without a lawyer?

How Exactly Do You Sue an Insurance Company Without Using a Lawyer?
  1. File a Police Report. · ...
  2. Collect Evidence and Witness Statements. · ...
  3. File the Paperwork. · ...
  4. Representing Yourself During Legal Proceedings. · ...
  5. Dealing With the Appeals. ·

Can I sue my insurance for ignoring me?

Yes, you can pursue litigation when ignored by an insurer. Insurance providers are legally required to act in good faith. That means, they must handle client cases reasonably and fairly. You can press bad faith charges against them if they don't.

What is the difference between a rejected claim and a denied claim?

Let's start by tackling the difference between rejections and denials. A claim rejection occurs before the claim is processed and most often results from incorrect data. Conversely, a claim denial applies to a claim that has been processed and found to be unpayable.

What is a typical reason for a denied claim?

A rejected claim is typically the result of: A coding error(s), • A mismatched procedure and ICD-10 code(s), or • A terminated patient medical insurance policy.

What is the protocol to have a denied claim resolved?

If your insurer continues to deny your claim, be persistent: The usual procedure for appealing a claim denial involves submitting a letter to your insurance company. Make sure to: Give specific reasons why your claim should be paid under your policy. Be as detailed as possible when composing your letter.

Can I sue insurance for denying claim?

There are laws designed to protect consumers in the state of California and across the nation. It's not uncommon for policyholders to sue their healthcare insurers for denial of a claim, mainly when the claim is for a service that is crucial to their health and future or the health and future of a loved one.

What are the odds of winning an insurance appeal?

Capital Public Radio analyzed data from California and found that about half the time a patient appeals a denied health claim to the state's regulators, the patient wins. The picture is similar nationally.

Which insurance company has highest claim settlement?

Which life insurance company has the highest claim settlement ratio? Max Life Insurance has the greatest claim settlement ratio in terms of claim number, with 99.34% for the fiscal year 2021-22. Exide Life Insurance and Bharti Axa Life Insurance came in second with a 99.09 percent death settlement percentage.

What to do after a claim is denied?

If your health insurer refuses to pay a claim or ends your coverage, you have the right to appeal the company's decision and have it reviewed by a third party. You can ask that your insurance company reconsider its decision. Insurers have to tell you why they've denied your claim or ended your coverage.

Can you sue an insurance company for taking too long?

The answer to this question is complex, but California health insurance providers are bound by state law to respond to claims within a specific amount of time. If they fail to do so, you may have the basis for a lawsuit against your insurer due to bad faith.

What if I don't agree with my car insurance adjuster?

Dispute the Decision and File a Complaint

You'll present evidence to an independent adjuster, who then makes a binding settlement determination. You can also file a complaint with your state department of insurance. This alerts regulators to improper claim-handling practices.