If the insurance company denies your car accident claim, you can hire a car accident lawyer (if you have not already done so) to help you:
- Determine the reason for the denial
- Fix any issues that caused the denial
- Negotiate a settlement or take your case to court
Why did the Insurer Deny Your Car Accident Claim?
After an accident, the involved insurance companies—typically, yours and the liable party’s—will each assign an insurance adjuster to investigate your case. This investigation may include:
- Interviewing all involved parties, including you
- Visiting the accident scene
- Reviewing relevant documentation
- Taking photos of the vehicles involved
If the insurance company denies your car accident claim, it is because the adjuster believes you do not have a valid claim. They may tell you that:
- Your statements are inconsistent, implying that you are not telling the truth or are confused about your case’s facts
- There is not enough evidence to connect your losses to the accident
- The auto insurance policy does not cover that type of accident or loss
- You submitted your insurance claim too late
- You used the wrong form when filing your claim
Sometimes, insurers have good reasons for denying a claim. Unfortunately, they may also issue denials without justification to save themselves the cost of paying damages to deserving individuals.
This is why you should always be careful about speaking to insurance companies alone; they may be looking for any good excuse to deny your claim.
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How Can Lawyers Deal With Insurers that Deny Car Accident Claims?
If the insurance company denies your car accident claim, you can talk to a car accident lawyer about your options. If you have not already hired a personal injury law firm by this point, now is an excellent time to do so. A legal representative can assist you by:
- Speaking to the insurance companies and other involved parties on your behalf
- Helping you determine what to say to the insurer
- Assessing your situation and determining the best way to get the money you need as quickly as possible
- Collecting information that could help prove your case and get your claim approved
- Keeping you updated regularly as your case proceeds
If the insurer denied your claim because of something relatively simple—for example, if you didn’t send them a particular document they requested—your personal injury attorney can resolve the issue promptly.
If there is a more serious reason for the denial—for example, the insurer genuinely believes another event caused your injuries instead of the car accident—it will take much more effort to correct this misunderstanding. In that case, having a legal professional on your side can be an even more significant benefit.
Can Negotiations Convince Insurers to Approve Car Accident Claims?
In some cases, yes. Generally speaking, insurance companies do not want to risk fighting a strong case at trial, which may happen if they fail to offer a fair settlement in a timely manner. So, if your car accident lawyer approaches the insurer with an offer to negotiate in good faith, the insurer may take it.
Your lawyer can negotiate with the insurance adjuster to work out various points of contention, including:
- Whether or not your car is a total loss
- How serious your injuries are and what treatments are necessary
- How much of an impact your injuries had or will have on your ability to earn a living
- The financial value of your intangible losses, such as emotional distress, physical pain, and reduced quality of life
- Whether the insurer’s client (the at-fault driver) was responsible for the accident
- Whether you played a role in causing the accident
The more points of contention there are, the longer it could take to settle your personal injury claim. This is another good reason to hire a lawyer to help you; they can handle the day-to-day legal tasks, allowing you to focus on your recuperation.
If the Insurer Denies a Car Accident Settlement
In some cases, insurers refuse to negotiate, or negotiations go nowhere. This is frustrating, but it does not have to be the end of the road.
If you and your attorney decide that filing a personal injury lawsuit is the right option for you, you must start your case within your state’s statute of limitations. In Texas, the deadline is two years, per Texas Civil Practice and Remedies Code § 16.003.
Even after filing a lawsuit, your car accident attorney can continue negotiating for fair compensation. Most cases settle without going to trial. However, if necessary, your auto accident lawyer can take the at-fault party to court and fight for a jury award.
When you go to trial for a car accident, your lawyer can handle all the details of the legal process for you, including:
- Preparing and submitting evidence as trial exhibits
- Selecting trial dates and jury members
- Selecting and preparing witnesses to testify on your behalf
- Cross-examining any witnesses who testify against you
- Preparing and delivering oral statements and arguments
- Writing and submitting any additional materials the judge requests, such as legal briefs
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What Happens When the Insurer Approves Your Car Accident Claim?
With urging from your legal representative, the insurer may decide to approve your personal injury claim. If this happens, keep an eye out for their check in the mail. If you feel the payment is taking too long to arrive, let the insurer and your attorney know, so they can determine what happened.
If you get money via a settlement, your attorney can draw up the settlement agreement. They will review the agreement with you to ensure you understand its provisions before signing.
Did the Insurer Deny Your Car Accident Claim?
Loncar Lyon Jenkins can help. You do not have to wait until the insurance company denies your car accident claim to get in touch; our legal team can start working on your case immediately after the accident without charging upfront attorney’s fees.
Contact us today for a free initial consultation and to learn more about our legal services.