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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32939
Experience:  Began practicing law in 1992
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I had a motorcycle accident in which involved only myself.

Customer Question

I had a motorcycle accident in which involved only myself. I was charged with a OWI. BAC. 10. My health insurance denied the medical claim. The denial letter stated there was a clause in my employers terms that Stated coverage would be denied if I was involved in a criminal act such as an assault. The O.W.I. was not intentional. It was not a felony. Alcoholism is a disease not a crime. Is there any recourse I can take? Medical bills are in collections around $90,000.
Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

You have a couple of options. You can file a claim with your state's Department of Insurance. I have found that seldom gets results but it does have the advantage of not costing anything and being relatively easy to do.

JD 1992 :

A better choice, as far as being more productive, is to hire a lawyer and pursue them for bad faith.

JD 1992 :

and breach of contract.

JD 1992 :

A lot will depend on the wording of the contract/policy but any ambiguities will be construed against them so you have a good chance on this.

JD 1992 :

I have fought them on a similar issue in a different state and they backed down before it was necessary to file a lawsuit but insurance companies are getting more and more unreasonable so you might have to actually file a lawsuit to prevail. At the amount of money that you owe it certainly justifies doing so.

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.