Indiana’s Trusted Personal Injury Advocates Since 1963.

Why Personal Injury Claims Get Rejected and How to Avoid It

Author: Brandon Yosha

In Indiana, personal injury law may allow victims to secure specific amounts of compensation for injuries and losses if injured due to someone else’s actions. This includes motor vehicle accidents (including trucks, motorcycles, and cars), slips and falls, bicycle and pedestrian accidents claims, defective products, workplace accidents, and medical malpractice. To start the process of compensation recovery, you’ll need to file a claim with the at-fault party’s insurance company. 

An assigned claims adjuster will then review your case to determine if they will pay or deny your claim. This is where having the assistance of a law professional in Indiana from Yosha Law comes into play. With this specific assistance, you can ensure your claim can move forward without being rejected by insurance companies. 

Rejected personal injury claims.

Common Reasons For the Rejection Of Personal Injury Claims

The insurance company evaluates each injury claim to identify legitimate grounds for rejection. Denying claims aligns with the insurer’s goal of profitability since disbursing funds for a claim goes against their financial interests.

Ultimately, an adjuster might refuse a claim for various reasons:

  • The accident type is not included in the policy coverage.
  • The insurance policy expired at the time of the accident.
  • Insufficient evidence was provided to show that the insured party was at fault.
  • The location where the accident occurred is not covered under the policy.
  • There’s no direct link between your injuries and the incident reported.
  • The individual responsible for causing harm does not fall under this specific insurance coverage.

Even if your claim is denied, it doesn’t end your pursuit of justice or compensation. You retain every right to pursue further legal action against those liable for causing harm and their respective insurers.

Filing personal injury claims promptly to avoid rejection.

How To Avoid Getting Your Claim Rejected In Indiana 

To give your claim the best shot at success, it’s best to know more about the necessary laws, what documents you’ll need, and the typical roadblocks. Below are some of the best things to do to avoid having your personal injury claim rejected: 

  1. Report the Incident: Victims should report the incident to the authorities or property owners immediately after an accident or injury. In Indiana, statute limitations restrict the time you can file a claim. Failure to report promptly may raise doubts about the severity or legitimacy of your injuries, potentially leading to claim rejection.
  2. Seek Medical Attention: Even if your injuries seem minor initially, it’s essential to seek medical attention promptly. Delaying medical treatment not only jeopardizes your health but also weakens your claim. Insurance companies often scrutinize medical records to assess the extent and cause of injuries. Providing comprehensive medical documentation strengthens your case and reduces the likelihood of rejection.
  3. Preserve Evidence: Gathering and preserving evidence is necessary for substantiating your personal injury claim. This includes pictures of the scene, contact information of witnesses, medical records, police reports, and any relevant correspondence with insurance companies. Failure to keep evidence can undermine your claim’s credibility, leading to rejection.
  4. Adhere to Indiana’s Comparative Fault Law: Indiana follows a modified comparative fault system, meaning the victim’s compensation may be reduced if found partially at fault for a given accident. Understanding and adhering to this law is essential to avoid potential claim rejection.
  5. Consult with an Experienced Attorney: Dealing with the ups and downs of personal injury claims in Indiana can be challenging. This is especially true when dealing with insurance companies and legal procedures. Getting in touch with a personal injury attorney from Yosha Law can significantly increase your chances of success. Our team at Yosha Law can provide invaluable guidance, negotiate with insurance adjusters on your behalf, and represent your interests in court if necessary.
  6. Be Wary of Insurance Company Tactics: Insurance companies often employ various tactics to minimize payouts or deny claims. From offering low settlements to disputing the extent of your injuries, it’s good to approach negotiations cautiously. Avoid providing recorded statements without legal representation, and carefully review any settlement offers before accepting them.
  7. File Your Claim Timely: In Indiana, the statute of limitations for personal injury claims is two years from the date of the accident or injury. Failing to file your claim within this time can result in automatic rejection. Therefore, following the prescribed deadlines and initiating the claims process as soon as possible is imperative to avoid potential complications.
  8. Document Economic Damages: In addition to medical expenses, personal injury claims may include compensation for lost wages, property damage, and other economic losses. Keep detailed records of all financial losses incurred due to the accident, including receipts, pay stubs, and invoices. Thorough documentation strengthens your claim and reduces the risk of rejection.

Working alongside an attorney to navigate denied claims.

Steps To Take If Your Claim Is Rejected

Experiencing a rejection of your insurance claim can be disheartening and overwhelming. However, there are steps you can take to navigate this situation effectively. 

  • Request a detailed written denial from the claims adjuster, including excerpts from the insurance policy justifying the rejection.
  • If the adjuster refuses to provide this documentation, promptly seek out a personal injury attorney.
  • If you receive a denial based on legal counsel’s advice or directly from the insurer’s lawyer, remember it’s just one perspective.
  • Seek a dedicated personal injury lawyer who prioritizes your interests to challenge misinformation or unwarranted denials.
  • Your case’s outcome isn’t conclusively determined by the insurer’s legal team’s perspective.

When faced with the rejection of an insurance claim, hiring a skilled lawyer can make all the difference in your pursuit of justice. Contacting our skilled team of personal injury attorneys from Yosha Law can offer assistance at a time when you need it most. 

Need Help With Your Personal Injury Claim After It Was Rejected?

Our commitment stands firm: You have one chance at attaining complete justice, and we’re here to ensure you seize it. Despite insurance companies’ tactics to minimize your hardship and rights, holding them accountable is important. 

With unwavering support, we’ll stand beside you, tirelessly advocating for every rightful compensation, ensuring you and your loved ones receive the restitution you deserve. Contact us today to schedule a free case evaluation with our skilled team.

Picture of Brandon Yosha

Brandon Yosha

Brandon Yosha is a trial lawyer at Yosha Law Firm, dedicated to advocating for victims of negligence. Recognized as one of the youngest attorneys in Best Lawyers in America, Brandon combines his family’s legal legacy with his own commitment to securing justice for his clients. Mentored by renowned attorneys, he brings empathy and determination to every case.

Legally Reviewed By

Brandon Yosha

Trial Lawyer

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