Steps To Take If Your Car Accident Claim Is Denied

Car accidents can be stressful and overwhelming. The logistical details of dealing with insurance claims to cover your costs and losses only make things worse. If your car accident claim is denied, the stress increases exponentially.

This content is designed to help you understand why your car accident claim may be denied and what steps you can take to maximize your chances of a positive resolution. First on the list is consulting with a New York City car accident attorney who has experience negotiating successful insurance claims.

Reasons Car Accident Claims May Be Denied

To deal with a denial of your car accident claim, it is necessary to understand why your claim was denied. Common reasons are:

Lack of Coverage: Your policy might not cover the type of accident you were involved in. For instance, if you only have liability insurance and were expecting coverage for damage to your own vehicle, the claim will be denied.
Policy Exclusions: Your policy may exclude coverage under certain circumstances, such as if the driver was impaired by drugs or alcohol at the time of the accident.
Late Reporting: Insurance policies often require that claims be reported within a specific timeframe. If you delay reporting the accident, your claim might be denied.
Pre-existing Damage: The insurance company may contend that the damage you want them to cover pre-existed this particular accident.
Insufficient Documentation: Claims require substantial documentation, including police reports, medical records, and repair estimates. A lack of proper documentation can lead to a denial.
Policy Lapses: If your insurance policy has lapsed due to nonpayment or for any other reason, your claim may be denied.
Fault Dispute: If there is a dispute over who is at fault in the accident, your claim might be denied, especially if the insurer believes you are primarily responsible. This may depend on whether you reside in a no-fault or negligence state.
Unreported or Unverified Injuries: If you did not report injuries or if there are inconsistencies in your medical reports, the claim might be denied.
Fraud or Misrepresentation: If the insurer suspects that you deliberately provided misinformation or engaged in some other type of fraud, they will deny your claim.

Make sure that you receive a written explanation of the reason for your claim denial so that you know how best to address the problem.

What a Strong Personal Injury Attorney Can Do To Help

Fighting an insurance claim denial requires legal knowledge and strategic skills. That’s why having an experienced lawyer at your side is invaluable. Your attorney will assist you by:

Investigating Your Claim by gathering evidence, police reports, and medical records, interviewing witnesses, and consulting relevant experts.
Hiring an Independent Claims Adjuster, if necessary, to evaluate your claim and provide a neutral assessment as to whether the denial was justified.
Filing an appeal that directly addresses the issues mentioned in the denial letter and includes all necessary documentation to support your case.
Handling all communications with the insurance company and opposing counsel to negotiate a fair and reasonable settlement.
Filing a lawsuit if necessary and representing you in court to fight vigorously for the compensation you deserve and make sure your rights are protected.
Offering ongoing legal advice concerning everything from whether the settlement you’re being offered is sufficient to whether you have a case that is winnable at trial.
Managing all types of complications, such as third-party claims (e.g. if the manufacturer of a defective car part is responsible for the accident) or bad faith claim denial by the insurance company (e.g., unreasonable delays, lack of response, lowball settlement offers).

The Takeaway

Nothing is more frustrating than having suffered serious losses in a car accident and then having your insurance company deny your claim. Whether they say your policy does not cover your accident or allege that you have misrepresented medical injuries, this is the time to contact a capable personal injury attorney.