Car Accident Claim Denied? Know Your Legal Options

Getting a favorable verdict in a car accident compensation case can easily put your life back on track. But not every victim is lucky enough because there are chances that your case may be denied. Does that mean all hope is lost? Will you not get compensation despite being wronged? Luckily, you can still take legal recourse to pursue recovery for the damage and injuries, if the accident is caused by the other party’s negligence. However, you need to understand the options and take the right measures to handle a denied claim. Here’s what you need to do to get the claim you deserve.

 

Find out why the claim was denied

First things first, you should start by finding out why it was denied on your case. The reason actually decides whether you have a valid cause to raise a dispute. Here are a few common reasons:

  • The accident was preventable or caused by your negligence
  • You failed to report the mishap promptly to the authorities
  • If you did not get medical care immediately, the insurer could deny the claim saying that the injuries were pre-existing or aggravated due to delay
  • Your insurance policy does not offer coverage for your type of claim
  • Damages exceed the policy limits
  • Driver may not be listed in the policy, such as a teenager excluded from the policy of the parents
  • An error by the insurance provider, such as or a claim sent to the wrong insurer or an incorrectly-entered code

The reason for denial may be legitimate but you can dispute if it isn’t. So you must review the reason and compare it with the documents you included with the claim. You definitely have options for disputing if the denial does not reflect a valid reason.

 

Know your legal options

Once it is clear that the insurance company is denying your claim wrongfully, you can go ahead and explore the options to dispute their decision. Here are the ways to handle this situation:

Option 1: Write to the insurer about the mistake

If you are sure that there is some mistake, you need to write to the insurer and give them documentation to support your dispute. Explain specifically why the supportive evidence contradicts their decision by including relevant information such as injuries and damages suffered in the accident, pictures of the spot, medical records, police records, etc.

Option 2: Filing a bad faith insurance claim against the insurer

If the insurer is apparently acting in bad faith, violating your state’s insurance code or bullying you, the best option is to file a bad faith insurance claim against them. You will need to hire a seasoned car accident lawyer to handle the legal action on your behalf. It is obligatory for the insurance companies to act in good faith while dealing with car accident claims.

Option 3: Filing a lawsuit against the negligent driver

When you are injured in an accident, you are entitled to compensation if you are not at fault. Even if the insurer denies your claim, you can file a lawsuit against the guilty driver to get the compensation for your injuries. Most of the time, these cases get resolved through negotiation but it may still go into trial if things do not work out.

The best thing to do in case of denial of your compensation claim is to let an expert handle the case for you. With their expertise and experience, they can decide the validity of the reason for denial and take the appropriate action accordingly. Whatever they do, their prime concern would be to get you a fair settlement.

The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of The World Financial Review.