With over 6 million car accidents in the U.S. each year, chances are you’ll be involved in one at some point. When the other driver is at fault, their insurance company should pay for your medical expenses, car repair, or car replacement.
If the insurance company refuses to pay out any damages for your accident claim, you have the right to fight back! You can take action if you receive an initial denial or a refusal from the insurance company.
Some auto insurance companies are slow to pay benefits but will eventually settle. Others may deny the claim completely and refuse to pay.
If your car insurance has recently denied your insurance claim, you have rights. Here are some steps you can take when a car insurance company refuses to pay.
Understand How a Car Insurance Claim Works
Knowing how a car insurance claim works is the first step to understanding why your claim was denied. Simply filing incorrectly or leaving out relevant details could be the reason for denial.
Before jumping to conclusions about the denial, take a look at the forms you’ve submitted and make sure you followed the directions and provided the correct information.
Consult a Car Insurance Claim Lawyer
After you’ve been involved in a car accident, you should report any damage to your insurance company as soon as possible. To make things easier for you, consider hiring a car insurance lawyer to take care of these communications on your behalf.
If you do choose to hire a lawyer, be careful about what you report to the insurance company. Do not admit fault or blame others until you speak to your attorney first. The law is complex in regard to determining fault.
Get the Details
If you’ve been in a car accident, you want to gather all the details before you file a car insurance claim. The most important details include:
- The names and contact information of everyone involved
- Auto insurance policy information
- Video or photos of the accident or scene
- Police report
Although you don’t need photos, video, or a police report to file an initial claim, they can help provide additional information regarding your claim.
Wait for a Review
You will have to wait for a decision about your car insurance claim. As you wait, be sure to keep detailed records of any communications you have with the insurance company. This includes who you’ve spoken to, when the conversations occurred, and what was said.
These details are important in case of an insurance claim dispute. Your attorney will want all the relevant details to prepare a case on your behalf.
Insurance Claim Denial
If your claim is denied, it means the insurance company reviewed your claim and decided not to pay for any damages you obtained from the accident.
If there weren’t any filing errors on your part, you’re left to wonder why your claim was denied. There are various reasons for a denial, but you have the right to challenge the decision.
Typically, the financial responsibility for a car accident falls to the insurance company of the at-fault driver. The insurance company makes this determination. Having a car insurance lawyer can be helpful in this situation.
When an at-fault driver has a lapsed insurance policy, the insurance company won’t pay for any damages. Your attorney can advise you in this situation and work to find other ways to obtain compensation for you.
Late Accident Claim
Some insurance policies stipulate that you must make a claim within a certain time period following an accident. If you wait too long, the insurance company may decide they are unable to investigate the claim.
If this happens, they will deny it. For this reason, filing an insurance claim should be a top priority following an accident. Consulting a lawyer right away is also an important step.
Disputes Over Injuries or Who’s at Fault
The insurance company wants to pay you as little as possible. They will only pay if the one responsible for the accident is their client.
If there’s a dispute over injuries or who was at fault for the accident, they may choose to deny your claim.
You have the right to fight back. Your best defense is having an experienced auto insurance claim lawyer by your side throughout this process.
In the legal world, “bad faith” means dishonest action or fraudulent intent. In reference to a car insurance claim, it means the insurance company intentionally denied a valid claim.
The insurance company may use fraudulent evidence, resources, or actions to support the denial. This is a violation of their legal obligations to their policyholders.
You don’t have to accept the denial of a valid claim. Your car insurance claim lawyer will fight for your rights and the compensation you deserve.
Options Following an Accident Claim Denial
If the insurance company denied your claim, you can take steps to challenge the decision. You may not be able to change the outcome, but there’s a possibility you can.
You want to make sure the insurance company acted in good faith before you accept the decision.
Ask for a Clarification
If your claim was denied, request a letter explaining why. This is an important piece of evidence along with documentation of your communications with the insurance company.
Review the Policy
Be sure you understand your car insurance policy before accepting their denial of your claim. Note any inconsistencies between your policy and the reason for denial.
Hire a Car Accident Claim Lawyer
Dealing with an insurance claim denial can be complicated and frustrating. Consider hiring a lawyer to handle all details and communications with the insurance company.
Working with someone who has experience in these matters can save you a lot of frustration, time, and money.
Choose the Best Car Insurance Claim Lawyer
If you’ve been involved in an accident and the car insurance company denied your claim, you have rights. There are statutes of limitations when it comes to car accidents, so don’t wait to consult a car insurance lawyer.
If you have questions about your car accident claim, Jonathan D. Schwartz can help. With over 20 years of experience in Florida law, Jonathan evaluates each case to determine the best course of action.