How to Appeal Car Insurance Claim Denial – Insurance Appeal Process

Did you file a claim with your car insurance and your claim was denied? Check out this short video to learn how to appeal a car insurance claim denial and to learn about the appeals process.

Hey everyone, Barry with the LawFull channel. Have you subscribed to our channel yet? If not please do and if you have any questions or comments, reach out to me at [email protected].

In this video I’m going to talk about a common situation. You were in an accident, had only property damage and your claim was denied or you’re not happy with the offer they made you. So how do you appeal denial of a property damage insurance claim denial?

0:00 Introduction
0:58 This video applies to mostly property damage cases
1:30 What if the defendant’s insurance denies your claim – file a lawsuit
2:27 What happens if your own insurance denies your claim
4:30 You will not file a lawsuit you submit to arbitration (usually)
5:25 There may be requirements for the appeal letter as well
6:20 In PD cases, you can likely just represent yourself
6:54 Pros of arbitration
7:42 How to prepare for arbitration


Well that depends on who denied your claim the insurance company for the driver of the car that hit you (or you hit) or your own insurance company.

First we’ll start with getting denied by the other guy’s insurance. Your options are limited. Basically, if you want to pursue this further, you have no choice but to file a lawsuit. Now if you have a small amount of damage you can file in small claims court. That’s what small claims court is meant for. And you don’t need an attorney you can do it on your own.

Second scenario, you filed a claim with your own insurance and your insurance denied your claim. Well, that’s a little trickier and that is what this video is really about.

So what you need to do first is demand a certified copy of your insurance policy. You also need to have in writing the official reason or reasons they are denying your claim.

It could be that the claim is more than the policy limits, or your were an excluded driver from the policy or maybe your policy lapsed. The insurance company will use any reason they can to be honest.

Then you’re going to look for the clause in the policy on how to appeal the property damage denial.

Per my ins policy, I have to “appeal” the decision to my insurance company within a set # of days.

Failure to appeal properly? Gives them grounds to deny your appeal.

What’s required in the appeal letter? You may have to provide the basis of your appeal or the evidence that supports your argument like receipts or your appraisal etc.

How to submit the appeal letter? They may require you to send it certified mail though you may just be able to email or fax it.

Instead of filing a lawsuit, when I signed this insurance contract, I agreed to arbitrate the appeal.

What’s an arbitration? Basically, we split the costs. I pick an arbitrator then they pick an arbitrator and together, those 2 folks then pick a third arbitrator to join them.

Then a date is set and you get your day in court so to speak only its an arbitration.

The pros of an arbitration is that its pretty easy and you can represent yourself. The rules of evidence will be fairly laxed.

Also, it’s cheaper than filing a lawsuit generally. Though not always, especially if you were just going to file in small claims court.

It’s quicker than filing a lawsuit.

The people you pick to be arbitrators are really experienced at it so you can feel pretty good that there is going to be a solid decision made in your case.

How do you prepare for the arbitration? Look at what your insurance policy says and take a look at what the arbitrators tell you about how the process will work.

You need to gather your evidence up, get your appraisal that you had your professional appraiser do for you.

Then, look presentable, and go plead your case. In short, you’re putting on your evidence that shows why you are right and the numbers from the insurance adjuster are wrong.

After you both present your evidence, normally, that’s it for that day. The arbitrators will then confer over the next few weeks and provide you an answer or decision regarding your case.

If you have any questions or comments feel free to reach out to me at [email protected] or 877-529-4312.

#appealinsuranceclaim #appealinsurancedenial #insurancedeniedclaim

Disclaimer: This video is for entertainment and informational purposes only. It is not intended as legal advice and the accuracy thereof is not warranted or guaranteed. This information is prone to errors and omissions. Use this information at your own risk. Watching this video does not create an attorney-client relationship.