Frustrated by Denied Insurance Claims? Is a Lawsuit Against Insurance Company Possible?

RICHARD J. VALLE | VOZH New Mexico Best Personal Injury Attorney Lawyer
Richard J. Valle
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CRIOSTOIR CHRIS O’CLEIREACHAIN | VOZH New Mexico Best Personal Injury Attorney Lawyer
Criostoir (Chris) O'Cleireachain
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MATTHEW J. ZAMORA | VOZH New Mexico Best Personal Injury Attorney Lawyer
Matthew J. Zamora
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ANDREA D. HARRIS | VOZH New Mexico Best Personal Injury Attorney Lawyer
Andrea D. Harris
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In times of crisis and adversity, insurance is supposed to provide us with a safety net, a sense of security that we are protected in our moments of need. Whether it's a car accident, a slip and fall, or a trucking accident, insurance should be there to support those who have been injured.  

Unfortunately, reality doesn't always align with our expectations, as many find themselves grappling with denied claims when they need assistance the most. In this blog, we will discuss why insurance companies routinely deny legitimate claims and how a lawsuit against an insurance company can be your path to justice. 

The Routine Denial of Legitimate Claims 

It's no secret that insurance companies are for-profit businesses. While their commercials often depict them as caring, empathetic entities, their primary goal is to maximize profits. This can sometimes lead them to routinely deny legitimate claims, leaving policyholders frustrated and overwhelmed. This is often referred to as insurance bad faith — such as refusing to honor a valid claim — when an insurance company knowingly or deliberately violates its contractual obligations to its policyholder. Here are some common reasons insurance companies deny legitimate claims: 

Lack of Documentation 

Insurance companies may deny claims due to insufficient or poorly documented evidence. This can include medical records, accident reports, or witness statements. Keeping thorough records is essential to ensure your claim is taken seriously. 

Policy Exclusions 

Insurance policies are intricate documents with specific terms and conditions. Insurance companies may deny claims if they believe the injury falls under a policy exclusion. For example, a car insurance policy may exclude coverage for injuries sustained while racing or participating in illegal activities. 

Misinterpretation of the Policy 

Sometimes, insurance adjusters may misinterpret policy language or apply it in a way that benefits the company. This can result in claim denials that should have been approved. 

Lowball Offers 

Instead of outright denial, some insurance companies may offer low settlement amounts that don't adequately cover the victim's medical bills, lost wages, and other damages. This tactic can pressure claimants into accepting less than they deserve. 

Delaying Tactics 

Insurance companies may employ delaying tactics, such as prolonged investigations or unnecessary paperwork requests, to wear down claimants and discourage them from pursuing their claims. 

Questioning Liability 

Insurance companies may dispute liability, shifting blame onto the injured party or claiming that their policyholder is not at fault. This can further delay or deny valid claims. 

Fighting Back with a Lawsuit Against Insurance Company 

When faced with a denied insurance claim, it's essential to understand that you have options. One of the most effective ways to seek justice and recover the compensation you deserve is by filing a lawsuit against the insurance company. Here's how it works: 

Consultation with an Attorney 

The first step is to consult with an experienced personal injury attorney who specializes in insurance claims, such as Valle, O’Cleireachain, Zamora & Harris (VOZH). We will review your case, assess its merits, and advise you on the best course of action. In addition, our attorneys work on contingency, which means our firm covers the costs of our time, any court fees, and investigations. We collect these fees only after you have won your case.

Demand Letter 

An attorney will often begin by sending a demand letter to the insurance company, outlining the details of your claim, the reasons it should be approved, and the compensation you are seeking. This can sometimes lead to a negotiated settlement. However, at VOZH Law, in every case we take on, we are prepared to go to trial. Settlements often don’t benefit the plaintiff, and we believe in holding insurance companies accountable through the justice system to give every plaintiff their day in court and be heard.  

Filing a Lawsuit 

This initiates the legal process in New Mexico, and your case will be heard in court. At VOZH, your attorney will fight vigorously for your rights and to get you the justice you deserve. 

Discovery and Evidence 

During the lawsuit, both parties will engage in the discovery process, where evidence is collected and exchanged. This can include depositions, document requests, and expert testimony. 


Here, your attorney will present evidence, argue your case, and seek a favorable verdict from a judge or jury. The attorneys at VOZH are experienced trial lawyers. This means they have had thousands of hours of experience preparing for and in court proceedings. Our attorneys will make sure that your voice is heard and will support you throughout the entire process. 


If either party is dissatisfied with the trial's outcome, they may choose to appeal the decision to a higher court. Our attorneys at VOZH have won appeals cases that have helped shape personal injury law in New Mexico. 

Get the Help You Deserve 

Being denied insurance claims can be disheartening and financially crippling. Insurance companies routinely employ various tactics to protect their bottom line, often at the expense of the injured party. However, it's important to remember that you have the right to challenge these denials and pursue justice. 

By seeking the assistance of a qualified personal injury attorney from VOZH Law, and filing a lawsuit against the insurance company, you can level the playing field and increase your chances of obtaining the compensation you need to recover from your injuries and move forward with your life. VOZH covers the lawsuit expenses until the trial is won. Don't let insurance company denials deter you from asserting your rights; take action, and fight for what you deserve. Contact us today for a free consultation. 


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