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Car Accident Insurance Claim Denied – In a perfect world, people injured in car accidents would do nothing but rest and focus on healing But in the real world, injured persons will also manage financial affairs Dealing with and denying insurance companies is part of that process
While you may think you have a good claim, car insurance companies often deny the claim. This post will discuss nine reasons why insurance companies deny accident claims and tell you how a car accident lawyer can help you fight against a claim denial.
Car Accident Insurance Claim Denied
A car insurance policy does two things First, it allows you to file a car accident claim against your policy for damages Second, most policies allow other drivers to file a claim against you for damages you caused
How To Dispute A Denied Car Insurance Claim
On this second point, guilt is the key This is especially true in Alabama Some states follow “no-fault” laws, where insurance companies pay regardless of fault. But Alabama is a “guilt” state This means that the insurance company will not pay you unless it is determined that the other driver caused the accident
More importantly, Alabama follows a statute called “contributory negligence.” Most states allow injured parties to recover damages even if they were partially responsible for causing the accident But under Alabama’s contributory negligence statute, a driver who is also at fault cannot recover a percentage.
All of this means that car insurance companies (and the adjusters and investigators who work for them) work hard to figure out who is at fault. If they can prove that their insured is not at fault, this helps them avoid paying
In addition to fault, insurance investigations also look for other reasons for denying payment Many of these reasons will be explained below Note that this is not an exhaustive list and an accident attorney can help you deal with a claim dispute
A Guide On How To Dispute A Car Accident Fault
You cannot file a claim against an invalid policy Two common problems arise here The first problem occurs when you have an insurance policy, but the premiums are reduced The second issue is that you have insurance, but it doesn’t cover what you think For example, if your policy does not cover flood damage, you cannot make a claim based on that factor.
To avoid a claim denial on this ground, make sure your insurance payments are up to date Also, review your policy regularly – especially during the renewal period – to make sure your policy covers everything you believe is covered. (Be sure to choose insured/underinsured motorist coverage if the option is given.)
As stated above, Alabama is a defect state and a contributory negligence state This means that if there is any evidence that you caused the accident, your claim will be easily denied.
All insurance carriers limit what drivers can and cannot do For example, most personal auto coverage policies do not cover commercial vehicles or use So, if you get into an accident while renting a commercial vehicle, your personal insurance policy will not cover it. Therefore, the company will reject this claim.
How To Avoid Car Insurance Claim Denial By Tourtlotte Law Firm
It is not enough to say you are hurt Your claim must include proof of injury Doctor’s notes, x-rays and other documents are usually sufficient If there is no proof of your claim – or if the evidence you submit contradicts your claim – the claim will be rejected.
When it comes to insurance claims, the cliché “honesty is the best policy” applies. If you falsify any information in your insurance claim, it will be rejected But the insurance company will not limit itself in the event of an accident It will look at many things during the investigation If the investigation discovers that you lied years ago – even when you received your quote – your claim will be rejected. They can also cancel your policy
Generally, if a person causes an accident, the law holds them liable for aggravating the victim’s injuries. However, if you were injured before the accident or had a pre-existing condition, the insurance company may argue that the old injury was the cause of your pain, not their driver. They will make the same argument if you recently had surgery on that body part or had a chronic, pre-existing condition before the accident.
Did you refuse to call the police during the accident? Did you wait too long before calling the insurance company? Are you unreasonably late for treatment?
American Family Insurance Car Accident Claim Time Limit
While you may have a good reason for making these choices, insurance adjusters see these delays as red flags. In their minds, someone who is truly hurt will act immediately but someone who is faking may not This is a common reason why insurance companies deny accident claims
To avoid this outcome, seek treatment as soon as possible after the accident (Do this even if you feel “better,” since many injuries take days or weeks to show up.) Always call 911 after an accident and get a police report. Contact the insurance company as soon as you do (But be careful when you talk to them.)
First, find out why the company denied your claim Ask for a letter stating the reasons for the denial If you feel there is a mistake, you may be able to send more information, such as an accident report
Second, consider making an application All insurance companies have procedures for deciding applicants Review your policy to find out your company’s rules A car accident attorney can help you with this appeal
What Happens If Your Insurance Claim Is Denied
If the appeal is unsuccessful, you may still have options, especially if you think your insurer is acting in bad faith. “Bad faith” means that the insurance company’s denial is not based on fact but an unreasonable attempt to avoid its legal obligations. Bad faith occurs in many situations, such as: denying a claim without investigation, losing paperwork, misunderstanding insurance policy language to avoid payment, denying a request for documentation, or refusing to provide a written explanation for the denial.
If you believe the insurance company is acting in bad faith, you can file a complaint with the Alabama Department of Insurance You can also ask a personal injury attorney to file a lawsuit against the insurance company
I hope you enjoyed this discussion of the reasons why insurance companies support accident claims If you have been injured and the insurance company has denied your claim, Collins Law, LLC. The personal injury lawyers at our firm can help you deal with insurance companies, car accident claims, and all other aspects of your personal injury case. To learn more about how we can help, call (205) 881-0403 or click here today to schedule a free consultation.
We use cookies to ensure we provide you with the best experience on our website If you continue to use this site we will assume that you are happy with it Occupancy Policy After a car accident, it would be ideal to focus on rest and healing without any added stress. Unfortunately, those who have been injured in a car accident have to spend a lot of time dealing with financial issues, including dealing with insurance companies and working through claim denials. Auto insurance companies will do anything to deny payment on a claim Learn more about the main reasons why an insurance company may deny your car accident claim and how your Las Vegas car accident lawyer can help you work through the situation.
What Are Strategies Insurance Companies Use To Deny Claims?
You cannot file a claim against a policy that does not exist Sometimes the problem is that a person has an auto insurance policy but is late on payments so it is no longer current. In other cases, a person may carry an auto insurance policy but it doesn’t cover what they think. Make sure your insurance payments are up to date and consider an automatic payment if you have trouble keeping your due dates. When you renew your insurance policy each year, take the time to review it to make sure it covers everything you need. Ideally, choose uninsured or uninsured motorist coverage if you can, and it is always recommended to carry higher insurance rates then the state of Nevada minimum of 25/50/20.
Nevada is a no-fault state, which means that the driver who caused the accident is responsible for compensating the other driver, usually through their insurance company. If it is determined that you caused the accident, your car accident claim will be denied and you will not be able to collect any compensation.
All insurance carriers have limits on what drivers can and cannot do For example, most personal policies will not cover commercial vehicles It is important to make sure you have the right policy for the type of driving you intend to do If you are involved in an accident, your insurance company will deny the claim if you are acting outside the limits of your policy.
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