Handling A Denied Car Accident Insurance Claim
Posted on behalf of Lynch Law Firm on in Car Accidents News
After an accident, you might have done everything right: you reported the accident to the authorities and filed a claim with the at-fault drivers insurance company. But then you get the news that your claim has been denied. You may think that is the end of the road for you and may accept the denial. However, many insurance claims are initially rejected, which means that accident victims may still be able to recover compensation for their injuries by fighting the denial.
A knowledgeable New Jersey car accident lawyer from our firm may help you through this process by explaining why your claim may have been denied and working on appealing this decision. Contact us to learn more about your legal options during a risk-free consultation.
Contact Your Insurance Company
Next, you should contact your insurance company. Make sure you dont delay very long reporting it to them and the police as soon as it happens will increase your chances of having your claim approved, or of finding your car. Also, insurance companies often have rules regarding how long you can wait before filing a claim. If they request additional information from you, make sure you get it to them as soon as you possibly can. Insurance companies can be difficult to work with and often deny claims even when theres no legitimate reason to do so – dont give them a good reason to deny yours.
The Insurance Company Suspects Fraud
When an insurance company suspects you of fraud, it can both insult and frustrate you. Claim investigators are responsible for identifying suspicious claims. They see every claim as potentially fraudulent until they decide otherwise. They look at every injured claimants economic situation, income, injuries, and accident circumstances. If they find a combination of circumstances that might indicate fraud, they might deny your claim.
A 2017 research study by the Insurance Information Institute found that insurance companies paid out an average of 30 million dollars in fraudulent property and casualty claims each year. Thats approximately 10 percent of the claim dollars paid out. Its a big number that has insurance companies always on the lookout for signs of fraud.
What can you do?
- You can present your case and wait for the insurance company to resolve its suspicions. Unfortunately, when an injured person pushes too hard to have his or her claim resolved quickly, its often considered a sign of fraud.
- You can find an attorney who is willing to intervene on your behalf.
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Request More Information From Your Insurance Company
Your insurer will likely send a letter that outlines their reason for denying the claim, but if your claim was denied and you havent received any information about why, reach out to them to get the documentation. Without the documentation explaining their decision, you cannot begin to determine if the claim was wrongfully denied or not.
What Should I Do If My Car Accident Claim Was Denied
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There are many reasons why your insurance company might deny a claim. If your car accident claim is denied, youâll want to ask for a written explanation. And if you believe youâre in the right, you can request a dispute.
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Contact Us For More Information
When your insurance claim is denied, it is important that you have legal support. An experienced personal injury lawyer from the Lynch Law Firm may handle negotiations with the insurance company, review the reason for your denial and ask the insurance adjuster for reconsideration.
The attorneys at Lynch Law Firm work on a contingency fee basis, which means there are no upfront costs involved for our legal services unless you obtain adequate compensation for your case.
Schedule a free, no-obligation case evaluation by calling today.
Free Case Review
What Are Some Reasons Insurance Companies Deny Car Accident Claims
- Low property damage, so they are incorrectly contending that you could not be hurt
- The insurance company believes its drivers version of the story
- The insurance company could not speak with their driver about the collision
- The at-fault driver did not have insurance
- They think you or your lawyer might just go away after the claim is denied
- The insurance company thinks you have serious injuries but that they are preexisting
Sometimes, is denying your claim just hoping you go away. They make money from the deny, delay, and refuse strategy. Every insurance company in Baltimore that we deal with GEICO, Allstate, State Farm, Nationwide, Progressive, etc. uses this strategy to some extend. But dont let yourself be a victim a second time.
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What Can I Do If My Insurance Company Denies My Car Accident Claim
You can work with an attorney on an amended claim that makes a strong case for compensation and addresses the insurer’s reason for rejecting your claim.
Unfortunately, insurance companies sometimes deny car accident claims, and they do so for a variety of reasons. If you receive a denial letter from your insurance carrier, you should:
- Talk to your attorney about filing an appeal if an insurer denies your claim, we can appeal its decision and provide the insurer with additional evidence to consider.
- Determine why the insurer denied the claim and use the reasoning to file your appeal.
Call us at for assistance if your insurance company denies your claim. The attorneys at Anidjar & Levine are happy to discuss your case and let you know your options.
For a free legal consultation, call
What To Do If Your Car Insurance Claim Is Denied In Victoria
If you have made a car insurance claim that was refused, you have rights that include having your case reassessed. The decision may get reversed.
Your options for requesting a reassessment include:
We can help you decide which is the best option. Give our Melbourne office a call or send us an email to discuss your case.
What to consider if your car insurance claim was denied in Victoria
- The insurers denial of your car insurance claim must be in writing.
- You should get an interpreter if you are unsure about translations
- A refusal of your car insurance claim can become a legal dispute in Victoria
- If you are unable to adequately communicate, seek assistance
- If your claim is over a certain amount, the only avenue for redress may be the Victorian court system
- There is a time limit on Financial Ombudsman Service claims two years from the date your claim was rejected/six years from when you first became aware of the loss
Why was my insurance claim denied?
There are several reasons why your Victorian car insurance claim may be denied, but the most common reasons are:
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What Should I Do If My Insurance Claim Is Denied
Posted on: January 3, 2022
In reality, car insurance companies are for-profit businesses accountable to their shareholders. That means protecting their bottom line is their true priority. Unfortunately, for car accident victims, that means car insurance company representatives will typically look for any legitimate reason they can find to deny or diminish your claim.
Dont panic if your insurance claim is initially denied after a car accident. The Oklahoma car accident lawyers at Edwards & Patterson Law have extensive experience helping crash victims seek fair compensation for their injuries. We know the tactics that car insurance company representatives often use to deny claims, and we are ready to aggressively fight for your legal rights, for what you deserve.
For a free consultation to discuss your case with us, contact us today.
What To Do After The Other Party’s Insurance Denies Your Claim
If your claim is denied, regardless of how valid you believe it is, you’ll most likely need to hire an attorney if you choose to fight the denial. After all, insurers make a profit by taking in more money in premiums than they pay out in claims. An attorney’s claim, however, will usually carry more weight and may be taken more seriously by the insurer.
The Demand Letter
Your attorney might first draft a demand letter, which is a more formal claim for compensation that details your side of the story, the dollar amount of the vehicle damage and/or bodily injuries sustained in the accident, and why the other driver was at fault. The insurance company most likely will feel compelled to provide a specific reason why the claim was denied, or will reverse its decision outright. It also may offer just a portion of the damages demanded.
And if you suspect that the insurer engaged in any improper claims practice prohibited by state law, an additional claim on those grounds may get their attention in a claim letter. For instance, Illinois statute lists numerous acts prohibited as improper claims practice, including the refusal to pay claims without conducting a reasonable investigation based on all available information.
Formal Appeals Processes
When Does it Make Sense to File a Lawsuit?
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Depreciation Due To Repairs
A cars worth depreciates after an accident due to low-level repairs needed by the accidents lower value. This is an example of repair-related lost value: when a cars paint job has worn away, the owner attempts to replicate the color with store-bought paint. The accent doesnt seem reasonable on the car as a whole, even though its the same color. Assumption: RRDV cannot restore the vehicle to its pre-accident condition.
Take Stock Of Appearances
Perception is an important aspect of claim approval.
The amount of money an insurer must pay to investigate and cover claimsalso known as loss costincreased 13 percent between 2014 and 2016, more than 10 times the rate of inflation.
With that in mind, a claim that seems false or frivolous could be denied.
A common claim that is denied is a bodily injury claim, says Christopher Earley, a car accident attorney based in Boston. This arises, for example, when you are rear-ended by another vehicle. Even if you are completely not at-fault for this accident, the insurance company may still deny your claim for pain and suffering.
There are a few best practices you can do to file a claim based on facts rather than optics:
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What To Do When Your Insurance Denies You The Diminished Value Claim Read These Facts
No matter how meticulously you fix your automobile after an accident, the value will reduce, but what to do when your insurance denies you the diminished value claim? If your automobile is totaled in an accident, you may be entitled to reimbursement for the diminished value.
A loss of value is the technical term for diminished value claim. If this occurs, contact your insurance provider and submit a lower-value claim to prevent further financial harm. Are claims for diminished value simple to make, and will you be able to recoup your entire investment if you succeed? Keep reading to find out.
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Founded in 1976, Bankrate has a long track record of helping people make smart financial choices. Weve maintained this reputation for over four decades by demystifying the financial decision-making process and giving people confidence in which actions to take next.
Bankrate follows a strict editorial policy, so you can trust that were putting your interests first. All of our content is authored by highly qualified professionals and reviewed by subject matter experts, who ensure everything we publish is objective, accurate and worthy of your trust.
Our insurance team is composed of agents, data analysts, and customers like you. They focus on the points consumers care about most price, customer service, policy features and savings opportunities so you can feel confident about which provider is right for you.
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All providers discussed on our site are vetted based on the value they provide. And we constantly review our criteria to ensure were putting accuracy first.
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When To Seek Professional Help To Fight A Denied Car Insurance Claim
You can seek legal help to fight a denied car insurance claim if other options fail. If the at-fault driver has insufficient coverage, you can receive all money available under the other driver’s insurance policy, and you can usually sue the driver directly for the remaining amount.
If a driver with no insurance hits you and you don’t have uninsured motorist coverage, you have the option to sue the driver depending on the state you live in. In some states with no-pay, no-play laws, you can’t sue another driver for certain damages after an accident if they were not insured at the time of the accident. No fault states can also restrict your ability to sue the other driver.
When pursuing a claim that involves a serious injury, it is often advisable to seek an attorney’s help. An attorney can help you find out why your claim was denied and try to recover any damages associated with the car accident.
You can also sue your insurance company for bad-faith practices and breach of contract if your claim was denied based on unreasonable grounds. If you decide to sue, there is a time limit for filing lawsuits, which varies from state to state.
What Happens If Youre Not At
If you were engaged in an accident that was not your fault, insurance firms are more inclined to pay you a claim. If someone else caused your loss, you might be able to sue them or their insurance, depending on the facts. To begin, submit a payment request to your insurance company. In the long run, it might save you a lot of time and frustration. Most insurance firms employ a formula to assess whether a policys reduced value has grown or decreased.
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What Should I Do When My Car Insurance Denies A Claim
If your auto insurance claim was wrongfully denied, youre not out of luck. You can take action to have the insurance companys decision reconsidered and reversed. You still have rights.
When the reason the insurance company says your claim was denied is factually inaccurate or contrary to the terms of your policy, you have a right to dispute the decision. If you believe your insurance claim was incorrectly rejected after reading the insurers explanation and reviewing the terms of your policy, your insurance policy and state law give you the right to appeal.
Here are a few steps you can take if your claim is wrongfully denied:
- Ask the insurance company to provide a letter explaining the reasons for the denial.
- Write a letter explaining to the insurance company why your claim was wrongly denied and provide documentation to support your arguments.
- Appeal the companys decision by submitting a formal complaint to the Texas Department of Insurance.
You also have the option to go to court. You can file a lawsuit against your own insurance company if you had to. You can sue the insurance company directly if they violated their duty to settle your car accident insurance claim in good faith. Good faith means that insurance companies have a legal obligation to negotiate and promptly offer a fair settlement for your car crash claim.
Damages Exceed Policy Limits
In other situations, your claim may be denied because the damages exceed policy limits. Every insurance contract only covers damages up to a certain limit. If your damages exceed the limits, the insurance company can only pay up to the limits. A lawyer may review if there is other insurance coverage that can help cover your damages or other parties that contributed to the accident.
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Get Help From A Car Accident Lawyer In Oklahoma Now
Having your insurance claim denied is undeniably frustrating, but you could still potentially recover the compensation you deserve. Contact an Oklahoma car accident lawyer at Edwards & Patterson today for a free initial consultation with a member of our team and legal advice on the next steps in your car accident claim.
Dont Wait To Talk To An Attorney
You always have the option of consulting an attorney at any point in the claims process, no matter whose insurance company youre dealing with.
Most personal injury lawyers offer a free initial consultation. Theres no obligation, and you can talk to attorneys from more than one firm to find one thats a good fit for your situation.
Even if your injury claim is for a relatively small amount, you are still better off talking to an attorney about your options. It might not be worth the expense of hiring an attorney, but youll still get good advice during your free consultation.
If you decide to hire an attorney to help with your case, the attorney wont get paid unless your case settles. Its amazing how fast some claims adjusters will offer a fair settlement once an attorney is involved.
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