Typically, the first step in the recovery process after a car accident is to file an insurance claim. But what do you do if the insurance company denies your claim?
The Windsor car accident lawyers at our firm further explain why claims are often denied and what to do to resolve a claim dispute. If you have been hurt in a car accident, request a free consultation to learn about your rights.
Reasons for Car Accident Insurance Claim Denials
Car accident claims are denied by insurance companies for many reasons – some are valid, while others appear to be unfair. Some common reasons for a claim denial include:
Crash Was Avoidable or Not Reported Quickly
Insurance companies may try to deny your claim if the accident was avoidable. If you were able to do something in order to avoid the collision but did not, your claim could be denied.
Also, if your actions contributed to or caused the accident, your claim may be denied. Your policy outlines certain things that invalidate your coverage, such as driving under the influence of drugs or alcohol or driving without a license. Should the insurance company suspect that you did something that invalidated the coverage, they will likely deny your claim.
Driver Not Included in Policy
If the driver who is at fault for the accident is not named on the policy you made a claim against or is specifically excluded from that claim for some reason, your claim could be denied. A driver can be excluded from insurance coverage for reasons like a poor driving record.
Medical Treatment Delays
It is always advised that you seek medical treatment immediately following an accident, even if you do not feel like you are injured. Besides helping you make the most meaningful recovery possible, doing so creates a documented link between the accident and your injuries via medical records.
If you delay seeking medical treatment, it is easy for the insurance company to claim your injuries did not result from the accident or say that you could have been injured at any time between the accident and when you sought medical attention.
Inadequate Insurance Coverage
An insurance policy provides coverage for claims up to a certain limit. As long as damages are under this limit and the claim is approved, the insurance company takes care of paying for damages.
If the coverage of the policy you have filed a claim against is not enough to cover the damages you have suffered, your insurance claim may be denied. This claim may exceed the limits of the coverage or the coverage may have already been exhausted through other claims.
Additionally, you may be filing a claim for damages that are not covered by the policy, such as making a claim for repairs when the policy does not include collision or comprehensive coverage.
If you were somehow acting negligently when the accident took place, the insurance company may deny your claim for this reason. Actions that are considered negligent are those that violate the law, such as:
- Driving without a license
- Driving while distracted
Resolving Claim Disputes
If you are notified that your claim was denied by the insurance company, contact the insurer and ask why your claim was denied. If the denial was based on something that you are able to resolve, such as a mistake or missing documentation, do what is necessary to fix the error.
If the insurance company will not tell you why your claim is denied or or gives a reason that violates its obligation to uphold the terms of the policy, your claim denial may be in bad faith. At this point, it is recommended to seek legal help to resolve your claim, which may involve taking the case to trial.
Get Help With Your Car Accident Claim
If your car accident claim was denied, get help from the legal team at Greg Monforton & Partners. We are prepared to handle all communications and negotiations with the insurance company on your behalf to help secure compensation for any medical bills, lost wages, and pain and suffering.
Schedule a free, no-obligation consultation to get started. We require no upfront fees and payment is only due if we help you obtain a recovery.