Recovering from a car accident is already stressful and difficult, but it gets even worse when your insurance claim is denied.
Although denied claims are commonplace, you don’t have to assume that a denial means the end of your chances of receiving appropriate compensation. There are actions you can take after your denial, especially if you work with an experienced car accident attorney.
When you hire a personal injury attorney, you increase your chances of a meaningful payout. Instead of trying to do it on your own, get someone on your side who holds negligent drivers liable for their actions every day.
Let’s look at the common reasons for denial and how an attorney can help you.
Understanding Common Reasons for Denied Car Accident Claims
Insurance companies will find any possible reason to avoid paying out a claim. Some of the most common denial explanations include the following:
Lack of evidence or proof
If you expect the insurance company to trust your word without any evidence, you are going to be disappointed. Claims that are submitted without evidence such as police reports, medical records, and photos of the accident can be dismissed pretty easily by an insurance company, saying there’s just not enough evidence to prove who was responsible.
A car accident attorney can help you collect evidence for an appeal, including:
- Photo and video evidence from the scene
- Eyewitness testimonies
- Expert testimonies
- Police reports
- Medical records and bills
Issues with insurance policy coverage
Insurers will investigate to confirm that the accident circumstances and involved parties are covered under applicable insurance policies. Any discrepancies can become grounds for denial.
You are more likely to recover compensation in these circumstances by working with an attorney who can apply laws related to uninsured drivers.
Pre-existing conditions
Insurers rarely pay out if they can prove that you had pre-existing conditions that could disqualify you from compensation. The frustrating thing is that your accident may have exacerbated existing conditions, but the insurance company will claim that because you already had a condition, you are out of luck!
For example, migraines are a common side effect of head injuries and trauma in an accident. If you have previously suffered from migraines, the insurance company may try to claim new and persistent migraines aren’t related to the accident.
An attorney can use your medical records and expert testimony to prove that the accident caused your migraines, which are worse and more debilitating because of the crash.
Your share of the responsibility
If you are determined to hold some fault for the accident, the insurer may try to deny the claim or reduce the amount of compensation.
Because Indiana is a comparative fault state, your total compensation will be reduced by the percentage of your responsibility in an accident. An attorney can help reconstruct the accident as accurately as possible, protecting you from unfair or untrue statements about your responsibility.
How an Attorney Can Help After a Denied Claim
At Yosha Law Firm, we work with clients all the time whose initial claim was denied by an insurer. We know just how discouraging and frustrating it can be to get that notification that an insurer is denying your claim, especially when you know without a doubt that someone else was at fault.
Here are some of the ways that we help to alleviate that frustration:
- Gathering video and photo documentation and evidence from the accident
- Contact eyewitnesses to gather statements and potential testimonies
- Accessing and reviewing police reports
- Compiling medical records to prove injuries and calculate total medical expenses
- Hire expert witnesses to provide insight into the accident and anything up for debate
File an Appeal or Pursue Legal Action?
You have a couple of options after an accident claim denial.
Most insurers have a defined process for claim denial appeals. The deadline usually ranges from 30-180 days from notification. When you appeal, be sure to follow all the guidelines down to the letter.
You will need to craft a more persuasive account and document the severity of the accident and its effects on your life, emphasizing the financial impacts. You will need to highlight any previously missing evidence and emphasize facts that were initially misconstrued when first applying for compensation.
Appeals can be filed with or without the help of an attorney, but your likelihood of success increases when you have a legal professional on your side.
You can also choose to file a legal claim against the at-fault party. It is best to choose an attorney who has experience with denied insurance claims.
Don’t take claim denials lightly
Because claim denial appeals have time limits, it is important to act promptly when a claim gets rejected. You do not need to give up hope just because of a denial, but it is important to get everything right.
Is Your Claim Complete? Don’t Forget to Account for Non-Economic Losses
A car accident can be absolutely life-changing. When someone else’s negligence or carelessness caused your injuries, it is an injustice to be stuck with medical bills, property damage, and pain and suffering.
Hiring a car accident attorney can help you get compensation for both economic and non-economic losses, including:
- Medical bills
- Rehabilitation costs
- Medication costs
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
Yosha Law Firm – Your Advocate When Insurance Coverage Isn’t Enough
Whether your claim is denied or you are simply offered far too little compensation from the insurance company, you need an advocate on your side.
At Yosha Law Firm, our attorneys offer compassionate, knowledgeable legal services to individuals who have suffered losses in serious car accidents. Because insurance coverage is rarely enough to actually make you whole again, we step in to hold liable parties responsible for the suffering you have experienced.
Contact us for a free case evaluation – and remember that our clients never owe Yosha any money until we win their case for them! That makes it a no-risk arrangement to work with us.
