What Can I Do if the Auto Insurance Company Denied My Injury Claim?
Written by AskTheLawyers.com™ on behalf of Kathy McArthur with McArthur Law Firm.
Dealing with insurance companies after an accident can be just as stressful as the injury itself. When an insurance company unfairly denies or reduces your claim, this is referred to as insurance bad faith. However, there may be circumstances in which a denial is justified based on your policy.
Due to the highly technical language of insurance policies and the fact that unscrupulous adjusters may purposely misinterpret it to avoid paying your claim, it may be necessary to involve someone who knows how to identify what kind of compensation you are eligible for and whether or not insurance bad faith is at play. It’s important to keep in mind that insurance companies make money by accepting monthly policyholder premiums and holding on to as much of that as possible.
If an insurance company denies your injury claim, you may need the help of a third-party.
Car accident attorneys are well-versed in dealing with insurance companies, unscrupulous and otherwise. Not only can an accident attorney communicate with an insurance provider on your behalf to ensure everything stays above board, but they may also be able to identify additional policies you are paying for that can be combined for a larger payout; this process is referred to as insurance stacking and typically takes the help of an experienced car accident attorney.
Hiring an attorney to deal with the insurance company or companies on your behalf is also a good way to avoid accidentally implicating yourself in the accident, even if you were not at fault. Unfortunately, it is not unheard of for insurance adjusters to twist a policyholder's words in a way that could make them ineligible, simply to avoid paying out a claim or the full value of the claim.
Depending on the circumstances, it may also be possible to file a personal injury lawsuit.
Depending on how the accident occurred, it may be possible to file a personal injury lawsuit or claim to seek compensation for your damages from the negligent party. This is especially true if the damages resulting from the accident were severe, such as expensive medical bills, lost wages, and/or long-term or chronic injuries. In fact, even if you were partially at fault for the accident, you may still be eligible to seek partial compensation depending on your state. However, it’s important to avoid admitting any fault for the accident until a thorough investigation has been conducted; it is not uncommon for someone to believe they were primarily at fault for an accident, only to later discover that the other driver was texting while driving or committing another traffic violation. However, admitting fault right off the bat could hurt your insurance claim and may reduce what you are eligible for in a lawsuit.
If your insurance claim is denied after an accident, talk to an attorney.
The bottom line if your injury claim has been denied by an insurance company is to talk to someone who knows what they’re doing. Car accident attorneys typically offer free consultations and even work on a contingency fee basis, which means clients don’t pay for their services unless and until they win. A car accident attorney should be able to quickly assess your options and present them to you, including but not limited to dealing with the insurance company on your behalf, stacking insurance policies, and filing a personal injury claim to pursue compensation for your past, present, and future damages. Injuries after an accident can be serious and can affect an accident victim’s life in unexpected ways; whenever there is a barrier to recovery after an accident, it’s important to reach out and seek help from someone who knows what they’re doing.
To learn more about your options after an insurance claim denial, or for help filing a claim, reach out to a car accident attorney in your area.