What Should I Do If My Auto Accident Claim is Denied?
It is tough when you are involved in an auto accident that occurred because of another’s fault. Dealing with insurance companies afterward only makes it worse. You may be facing considerable medical expenses along with lost wages if you got seriously injured. Unfortunately, insurance companies don’t make it easy for the injured victims to get fair compensation for their losses.
You should speak with an experienced car accident attorney if your claim was denied. Your lawyer will explain your rights in detail and advise you on the next course of action. Here are a few other things you can do if your car accident claim gets denied.
Find the Reason for Claim Denial
Insurance companies are required to provide a valid reason for denying a claim. They cannot just say ‘no’ and expect it to be the end of it. You should ask the insurer for a written explanation for why the claim was being denied if they haven’t yet provided you with a reason.
There are a lot of reasons for claim denial. Some are legitimate while others are less reasonable. The majority of insurance policies contain insurer-friendly language and jargon. This gives the insurance companies certain “outs” that they might use to deny valid car accident claims.
These are a few common reasons why insurers deny claims:
- The insured wasn’t at fault for the car accident
- The accident could have been avoided
- The injured person caused or contributed to the accident
- The type of accident is not covered by the policy
- Your policy had already lapsed when the accident took place
- You did not properly notify the insurance company before making a claim
- There is no valid medical evidence of pain or injury
- The injury is pre-existing and not because of the accident
Ask the Insurance Company About the Appeals Process
Insurance companies have to allow the insured to appeal a denied claim. There are specific administrative processes set in place by the majority of insurance companies for reviewing a denied claim. You should write to the insurance company for their appeals process.
Consider Bad Faith or Negligence
Insurance companies need to treat first and third-party claimants in good faith. They are required to treat you with fairness and honesty. However, in an attempt to save money, many insurance companies deny claims even when they are valid. A claim needs to be investigated and reviewed in detail by the insurance company before coming to a conclusion.
In case the claim is valid and covered under the policy, the insurance company will work with you to arrive at a mutually beneficial settlement. You may be able to file a negligence claim against the insurance company if they resort to unscrupulous behavior. This means not behaving in a reasonable manner while handling the claim. There are a lot of tactics that insurers employ for stalling or denying a claim. They may wait an unreasonable amount of time before investigating or lose the paperwork.
You may be able to file a claim of bad faith against the insurance company if they intentionally did not investigate the accident or respond to your claim. Insurance law when it comes to third-party claimants is a little complex. You should not hesitate in speaking with a personal injury attorney if you believe the insurance company has not treated you in a fair manner or is embroiled in something illegal.
Why Choose a Skilled Car Accident Attorney in Alabama to Represent You?
In many cases, the reasons given by insurance companies for denying a personal injury claim can be legally countered. For instance, whether or not you contributed to the accident can be disputed. A skilled and competent car accident attorney might be able to successfully establish that the accident did not occur because of anything you did.
Another reason to work with an attorney is that they can provide sound legal advice in case you are suing the insurance company for bad faith. Most insurance policies use technical and confusing language to make it difficult for clients to understand what is included. Your attorney will be in a better position to analyze the policy thoroughly.
They will ascertain whether questionable methods were used by the insurer for denying your claim. During their investigation, they may come across evidence that the insurer failed to investigate the accident fully. This also makes sufficient grounds for filing a bad faith claim.
A seasoned car accident attorney will be able to help you with other available options if your claim is denied. This is why you should get in touch with an attorney as soon as you receive a denial letter.
Speak with a Reputable Car Accident Lawyer in Alabama
It can be complicated and confusing to navigate the insurance claims process after an auto accident and injury. You may find it difficult and intimidating if you are not familiar with the intricacies of the law.
It is best that you speak with our dedicated personal injury attorneys in Alabama rather than deal with the denied claim on your own. The legal team at Smith Law Firm is here to help you get the most from your insurance claim. Get in touch with us today by calling at 334-702-1744 or simply fill out our online form.
