When you are involved in a car accident due to another driver’s negligence, you can receive compensation for the damages from their insurance provider. However, an insurance company is likely to refuse to pay for the damages due to common insurance claim denials, such as:
- the costs exceed the policy limit,
- you delayed your medical treatment,
- you did not pursue a claim on time, or
- the other driver’s policy has lapsed.
Read on to learn more about the common reasons for auto insurance claim denials and how to work around them.
What Are The Most Common Claim Denials For Car Accidents?
While it is possible to claim restitution from a vehicle collision, it is not always easy. An insurance provider can search for loopholes to reduce your compensation or get away with it.
Here are the most common claim denials for car accidents.
The Costs Exceeded The Policy Limit
Sometimes, your car accident may result in severe physical injuries and property damage. When the outcome of the vehicle collision is extreme and serious, the costs of these damages may be expensive. Unfortunately, there are instances where the damage expenses exceed the other driver’s policy limit.
To determine the at-fault party’s policy limit, you may:
- ask the driver for his insurance coverage;
- send a demand letter stating the settlement amount you need; and
- contact a legal expert to assist you with your claim.
When the policy limit can’t cover the damage costs, here are some options you can consider:
- Check your insurance coverage.
- Seek compensation from other parties liable for the incident. However, this only applies when there are multiple culprits for the accident.
- Sue the driver responsible for the incident.
These options are not always the best route to recover your compensation. This is why you should contact an accident lawyer, who can evaluate your case and advise you on the next steps in the appeals process.
You Delayed Your Medical Treatment
You must seek medical attention immediately after the accident for your well-being. In addition, this will help prove that the vehicle collision caused the injuries. When you delay your medical treatment, the other driver’s insurance provider can argue that:
- the injuries were caused by something else;
- the injuries were already existing before the accident; or
- you do not have medical records to support your claim.
Aside from seeking medical treatment promptly after the accident, you should keep these documents if the insurance company asks for proof. This will help you establish your case and calculate the settlement amount for the accident.
You Did Not Pursue A Claim On Time
After a car crash, you must file an accident report with law enforcement. This will help you establish your case. Aside from that, you should also pursue a claim against the other driver’s insurance provider on time.
When pursuing a claim against the insurance provider, you need to consider the following details:
- location of the accident,
- time and date of the car crash,
- name of the other driver,
- address of the at-fault driver,
- other party’s insurance policy number,
- weather conditions during the accident,
- photos or videos of your physical injuries and property damage, and
- police accident report.
Your accident claim can proceed smoothly if you have prepared the said documents and information before filing the case. Typically, the insurance company should investigate and settle your claim 30 days after filing. However, this varies in different states. In California, the insurance provider is given 85 days to process.
The Other Driver’s Policy Has Lapsed
Usually, the other driver’s insurance provider will deny an accident claim if their monthly payment has lapsed. The driver will be given a 10-to 20-day grace period before the official cancellation of insurance coverage.
However, if the at-fault party’s policy has been canceled, you can:
- Ask your insurance company about your coverage.
- Determine if you have another auto insurance policy that can cover the damages.
- Seek legal advice.
Insurance claim denials can be frustrating. You can seek legal guidance from lawyers who have experience fighting for accident cases and determine how to appeal for insurance claim denials.
How to Appeal Car Insurance Claim Denial
When the insurance provider denies your claim, don’t fret. You can still appeal car insurance claim denials and receive compensation for the accident.
You may follow the tips below to help you petition your case effectively:
Ask For The Claim Denial’s Reason In Writing
It is best to understand why your insurance accident claim has been denied before appealing your case. When you have a written document of the claim denial, you can quickly review the necessary evidence to support your case.
Make sure that you have the following information to refute your claim properly:
- driver’s details,
- insurance company’s information, including their contact details,
- reason for denial,
- claim release date,
- date the claim was denied, and
- name of the agent who denied your claim.
Review Pieces Of Evidence
After determining why your accident claim has been denied, you now have to review the evidence that would help you prove your case. These documents can justify the validity of your claim and identify how much compensation you can ask for.
You may want to reassess the following records:
- police incident report,
- photos of the accident scene,
- surveillance or CCTV footage,
- witness testimony, and
- receipt of medical bills and other expenses.
Write An Appeal Letter
Before making a petition, you must know the insurance company’s appeals process. This will give you the advantage of easily refuting their arguments.If you are writing an appeal letter, it should be clear, concise, and compelling.
You must include the following details to make your appeal letter convincing:
- your insurance claim number,
- description of the accident and the damages incurred,
- clear statement why you are disputing the denial, and
- evidence supporting your appeal and others.
Seek Legal Advice
You should reach out to an accident attorney immediately after the vehicle collision. However, if you started pursuing a claim without legal guidance and ended up being denied, there is still time to seek legal advice from accident lawyers.
Appealing for insurance claim denials can be challenging. You must review the process and analyze all evidence to support your petition. While this may seem tricky, an accident attorney can do the following steps to help you seek the total value of restitution from the accident.
- Communicate with the other driver’s insurance provider.
- Inform you of the appeal and negotiation process in a simple and understandable manner.
- Assess the initial claim denial.
- Review the necessary evidence to support your case.
- Write the appeal letter.
- Defend your claim.
- Negotiate for the total value of compensation.
- Keep up with the deadlines
If you are looking for an accident lawyer who can fight for you, the competent attorneys of the Law Offices of Larry H. Parker are here to help. We are injury lawyers who offer the utmost quality of service by understanding your situation and fighting to the best of our abilities. Message us for a free legal consultation, or contact our office at 866-311-2457.
