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The Law & You

After Drunk Driver Accident, Insurance Company Denied My Claim. What Now?

The Law & You
January 12, 2015

The Law and You

After Drunk Driver Accident, Insurance Company Denied My Claim. What Now?

Car accident attorneys Greg Fellerman and Ed Ciarimboli answer a question from a concerned viewer who was in a drunk driving accident with an uninsured driver. The viewer’s insurance claim was denied. Is this a case of bad faith insurance?

Dave Kuharchik: We’re back here on a Monday with “The Law & You,” as always featuring award-winning attorneys Greg Fellerman and Ed Ciarimboli fresh off the weekend. How you guys doing today?

Ed Ciarimboli: Greg’s gonna start wearing the medals around, can he do that?

Dave: He probably can. All right, we’ll get to our question as Greg contemplates the championships he’s won in life. “I was hit by a drunk driver who had no insurance. I made a claim for under insured motorist benefits on my policy and my company is denying my claim saying I’m not hurt. Is there anything I can do?” This is from Patrick in Dickson City.

Ed: Well Patrick, the first thing you’re gonna need to do is to get yourself to a lawyer that’s going to be able to handle this for you because there’s a lot of nuances that you need to make sure you’re complying with. You’re gonna be able to pursue a claim against your insurance company for your injuries, but you need to document all those. The other thing that you’re gonna wanna a lawyer to look into is whether there’s any claim for what’s called bad faith in Pennsylvania. And basically what that means is that the insurance company has denied your claim without any reasonable basis, and I’ll Greg talk a little bit more about that, but there’s really two things going on here and you gonna make sure you do the right thing.

Greg Fellerman: Right and the way to do it is get to a lawyer so they can prepare your claim and make sure its submitted properly because, in a bad faith context, it’s all about documentation, it’s all about presenting this case correctly to the insurance company. Because if the insurance company is given all the right information and mishandles the claim you may have a claim for bad faith, which includes punitive damages, attorney’s fees so there’s a whole host of things that can be done on your behalf. And you still have a valid uninsured motorist claim that you can pursue once you are hit by a drunk driver. So this is one that you definitely need to have an attorney involved in.

Dave: For our viewers who may find themselves in an accident or situation like this and they need your legal help, how can they do that?

Greg: They can call us at 570-714-HURT, they see us on the web at and then call the hotline.

Ed: Aw, don’t forget about the hotline.

Greg: It’s Monday.

 Dave: It’s going strong in 2015.

Ed: It is still going strong. Technology. Or go to our Facebook page and put a question we’ll do our best to answer it this week.

Dave: Alright, the awards are piling out of the office windows, results matter with attorneys Greg Fellerman and Ed Ciarimboli, guys thanks.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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