Nashville View

Insurance Disputes

Injury Lawyers Dedicated to Assisting Residents of Nashville

When you have been hurt in an accident, the last thing you may want to deal with is a fight with an insurance company. Unfortunately, sometimes that is what you need to do in order to pursue the financial support that you deserve either from your own insurance carrier or another party responsible for your harm. The injury attorneys at Martin Heller Potempa & Sheppard represent people in Nashville and the surrounding area who have been involved in accidents and have had their claims rejected, or been offered an unfair settlement. We can fight for your rights with zealous advocacy and cutting-edge technology.

Insurance Disputes

Insurance companies are required to investigate all claims that their policyholders file and examine the evidence to determine whether an insured party has a claim. They are also required to quickly either defend or pay a defensible claim. Unfortunately, insurance companies have financial interests in avoiding paying, or defending, claims, and they will sometimes deny an insured person’s claim without a justifiable reason. More commonly, however, an insurance company will deliberately misinterpret a policy’s terms in order to avoid paying a legitimate claim. In these instances, insurance companies and their adjusters skillfully deny claims by asserting that the policy does not cover some claims, an injury is outside the scope of coverage, or a policy has lapsed, making it appear as if the claim was denied in good faith.

Taking Legal Action Against Your Insurer

An insurance bad faith claim may exist when an insurance company fails to honor the terms of its agreement with you. Tennessee has no-fault laws that require insurance companies to provide coverage for those who have been injured in an accident and need prompt medical treatment. Additionally, insurance companies have a duty to act fairly with their customers, and when they breach that duty, they may be subject to legal action. Under Tennessee law, a policyholder may recover a bad faith penalty, as well as punitive damages, against an insurance company if they are able to show a denial was not made in good faith. Some indications that a company is not acting in good faith include:

  • Misinterpreting a policy’s terms in an unreasonable manner;
  • Failing to investigate a claim properly;
  • Creating excessive delays in payment of medical expenses or lost wages; and
  • Refusing to settle or offering an unfairly low settlement amount for a policyholder’s claim

If you believe your claim has been denied in bad faith, you may file a declaratory judgment action to bring evidence before the court, which then determines if you are entitled to coverage or additional damages. Since the language of insurance contracts may be complex, and insurance companies’ resources are expansive, having a seasoned attorney who can advocate on your behalf is often vital to making sure your rights are properly asserted.

Consult a Franklin Attorney to Assert Your Rights after an Accident

If a claim has been unjustly denied or an improper settlement has been proposed, the accident lawyers at Martin Heller Potempa & Sheppard are here to fight for Franklin residents and other individuals against unfair treatment. We represent people in West Meade, Charlotte, and other communities throughout Williamson and Davidson Counties as well as Middle Tennessee. If you need legal assistance regarding an insurance dispute, contact us online or call (615) 800-7096 to schedule an appointment.