What Can I Do if an Insurance Company Denies My Car Accident Claim?
If you’ve been in a car accident and the insurance company has denied your claim, it can feel like a hopeless situation. But don’t give up – you still have options. The most important thing is to seek the help of an experienced car accident attorney who can fight for your rights and seek the compensation you deserve.
Why Would an Insurance Company Deny My Claim?
There are many reasons why an insurance company might deny a car accident claim:
They Believe You Were at Fault for the Accident
One of the primary reasons for a denied car accident claim is that the insurance company believes you were fully or partially at fault for causing the crash. If they can pin the blame on you, they can avoid paying out your claim. Even if you believe you did nothing wrong, the insurer may try to twist evidence or statements to make it seem like you were responsible.
There Is a Dispute over the Extent and Cause of Your Injuries
Insurance companies will often refute the extent of your injuries or argue that they were due to something other than the accident. They may claim your injuries are minor and don’t warrant the level of treatment you’re seeking. Or they might say your car accident injuries are from a pre-existing condition and not a result of the crash. These tactics aim to minimize your payout.
They Think Your Injuries Are from a Pre-Existing Condition
If you have a previous injury or medical condition in the same area of your body that was hurt in the accident, the insurance company may use this to deny your claim. They’ll argue that your current pain and limitations are a continuation of an old problem and not their responsibility to cover. This is why having your injuries thoroughly documented by a doctor as soon as possible after an accident is crucial.
There Are Discrepancies between Your Account and the Police Report
The insurance company will meticulously review the police report from your accident. If they find any inconsistencies between your statement and the official report, they may use this as grounds for denial. Even minor discrepancies can be blown out of proportion to make it seem like you’re not telling the truth about what happened or the extent of your damages.
You Didn’t Seek Immediate Medical Treatment
Insurers are very skeptical of injury claims when the policyholder doesn’t seek medical attention right after the accident. They assume that you would have gone to the doctor or hospital immediately if you were really hurt.
If you waited days or weeks to get checked out, they’ll argue that you couldn’t have been that injured or that something else must have caused your injuries in the meantime. That’s why getting a medical evaluation as soon as possible is always best, even if your pain is initially minor.
The Policy Has Lapsed or Has Exclusions
Sometimes, a claim is denied simply because the driver’s insurance policy was not active at the time of the accident. If they missed a payment and their coverage lapsed, the insurer has no obligation to pay for their liability in a crash.
Other times, policies have specific exclusions written into them. For example, a policy might not cover an accident that happens while driving for a rideshare service. It’s important to carefully review your policy to understand what is and isn’t covered.
Getting the Medical Care You Need After a Car Accident
One of the first steps after an accident is to get a full medical evaluation, even if you think your injuries are minor. Certain conditions, like whiplash or concussions, may not show up right after the accident. Seeing a doctor right away establishes a record of your injuries and treatment.
Follow your doctor’s treatment plan exactly. Attend all follow-up appointments and therapy sessions. This is important for your health and recovery and shows the insurance company that your injuries are serious and that you’re doing everything you can to get better.
Keep detailed records of all your medical expenses, including bills, prescriptions, and mileage to appointments. Your car accident lawyer will use this to calculate your damages.
Should I Talk to the Insurance Company?
If your claim is denied, the insurance adjuster may reach out wanting to discuss your case. Be very cautious. Remember, their job is to find ways to avoid paying your claim.
The best thing to do is direct all communication to your car accident lawyer. They can handle the negotiations and make sure you don’t say anything that can hurt your case. Even a simple apology can be twisted as an admission of fault.
Why Should You Hire a Car Accident Lawyer?
Going up against an insurance company on your own can be an overwhelming task, especially when you’re trying to recover from injuries. That’s where a car accident lawyer comes in.
An experienced lawyer can:
Deal with the Insurance Companies So You Can Focus on Healing
One of the primary benefits of hiring a car accident lawyer is that they can handle all communication and negotiation with the insurance companies on your behalf. This allows you to focus on your health and recovery without the stress of constant calls and pressure from adjusters.
Conduct an Independent Investigation into Your Accident
Your lawyer will conduct their own thorough investigation into your accident. They’ll gather police reports, interview witnesses, and even consult with accident reconstruction experts if necessary to build a strong case on your behalf.
Gather Evidence to Build the Strongest Case Possible
Evidence is key to overturning a denied claim. Your lawyer will know what evidence is needed and how to get it. This may include medical records, pay stubs showing lost income, expert testimony, and more. They’ll use their resources and knowledge to compile evidence that supports your right to compensation.
Consult with Medical Experts on Your Injuries and Long-Term Needs
Car accident lawyers work with medical experts frequently and can call on them to fully understand your injuries and what your recovery will entail. These experts can provide crucial testimony that links your injuries to the accident and outlines your current and future medical needs.
Negotiate Aggressively for a Fair Settlement
With evidence in hand, your lawyer will negotiate with the insurance company for a settlement that fairly compensates you for your damages. Lawyers are skilled negotiators and won’t be intimidated by insurance company tactics. They’ll counter lowball offers and advocate aggressively for your best interests.
Take Your Case to Trial if the Insurance Company Won’t Budge
If the insurance company refuses to offer a fair settlement, your car accident attorney will be ready to take your case to court. They’ll present a compelling case before a judge and jury and fight for a verdict in your favor. The threat of a trial alone is often enough to bring insurers back to the negotiating table.
What if the Insurance Company Still Won’t Pay?
If evidence and negotiations aren’t enough to get the insurance company to reverse its denial, the next step may be to file a lawsuit. This shows them you’re serious about pursuing your case.
Many claims end up settling before ever reaching the courtroom. The threat of a lawsuit is often enough to bring the insurance company back to the negotiating table, this time with a fair offer.
But if they still won’t settle, your car accident lawyer will be ready to argue your case at trial. They’ll advocate passionately on your behalf to get you the maximum compensation possible.
Don’t Let a Claim Denial Stop You from Getting the Compensation You Deserve
If you’ve been denied and aren’t sure what to do next, contact a reputable Steamboat Springs personal injury lawyer. They can review your case and advise you on the best path forward. With a car accident lawyer, you can feel confident as you pursue the justice and financial recovery you deserve.