My Attorney Helped Me to Find Peace

« Back to Home

Claim Denied! Taking Personal Injury Action When Dealing With Denials

Posted on

Most people just assume that automobile insurance will pay for their needs when an accident occurs. When you are hit and injured by another driver, for example, you may be happy when you find out that the other driver is insured. Unfortunately, some insurance claims get denied. Read to learn about some common reasons that claims get denied and how to take legal action to be paid what you are owed.

Claim Denials

In most cases, insurance works pretty well. When things go wrong, however, you might need to speak to a personal injury lawyer. Here are some things to watch out for when dealing with issues after a car wreck.

  1. Bad Faith – Insurance companies don't make money on clients that need to use the coverage. That means that they are often slow and reluctant to approve claims and pay out what you are owed. The insurance companies may not be citing a specific reason for the denial but instead, they may be delaying, postponing, and challenging your claim at every juncture. This overall lack of care and action falls into the "bad faith" category.
  2. Lack of medical treatment – When you are in an accident, failure to seek medical treatment could result in "lack of claim". Without medical intervention, there is no proof that an injury occurred. The longer you wait after the wreck to seek treatment the more likely it is that your claim for injury damages will be attributed to something other than the wreck. Seeking help from medical professionals in a timely manner means that you are setting up a string of events that can be backed up with medical records of your injuries.
  3. Avoidable accidents – Another common denial issue is when the insurance company alleges that you might have avoided the accident by taking certain actions. This common tactic can be challenged by a personal injury attorney who can show how the fault lies firmly in the hands of the other driver and not you. Be particularly aware of issues where they claim that you were partially responsible for the accident. This always lowers any compensation you might receive.
  4. Already hurt – Preexisting conditions are not just an issue with healthcare policies. In some cases, the insurance company will attempt to deny your claim citing a preexisting condition. This can be especially problematic if you have been hurt in previous accidents are still being treated for some of those injuries. You must be prepared to prove that your condition was either worsened considerably by the accident or that you have new injuries from it.

Any one of the above denials should send you straight to a personal injury attorney's office for help with your claim. Sometimes, just a few words to the other side's insurer on official legal letterhead is enough to get your claim back on track. Speak to an attorney about your case today.