What to Do if the Insurance Denies Your Car Accident Claim?

Written By: The Champion Firm Team

Date Posted: 01.17.24

Category: Insurance Car Accident

You are 100 percent sure the car accident was not your fault. You are also sure you did everything the insurance company asked of you. Yet the insurer still denied your claim, and your stress levels are off the charts. Do you have any options?

The good news is that you can fight for your rights. A skilled Marietta car accident attorney can gather the evidence required to show you were not to blame for the wreck, and you deserve every dollar you have coming.

The following is a look at why insurers deny claims and the steps you can take to obtain the compensation you deserve.

Why Insurers Deny Claims

Millions of people suffer injuries in U.S. car wrecks each year. When someone suffers an injury in an auto accident and learns the insurance company is refusing to pay, panic understandably sets in.

Stressed young man, covering eyes, holding document. Facing denial of claim by insurance company.

Why would an insurer do this? These are a few of the more common reasons.

Policy Exclusions

The insurer may argue the policy doesn’t cover “acts of God.” They can say the accident occurred due to a thunderstorm that made the road slick or a blizzard dramatically reduced visibility. The insurer may deny the claim because the weather caused the wreck, not the other driver’s negligence.

Claim Errors

You must make sure your insurance claim is accurate and complete. The insurer can deny the claim if there are any missing documents, inaccuracies, or other discrepancies.

Disputes Over Blame

An insurance claim will often involve determining who caused an accident. You believe the other driver was at fault, but the insurer disagrees. The insurance company will refuse to compensate you unless you have solid evidence to support your argument.

Failing to Seek Immediate Medical Help

Insurers will often use this against claimants. If you did not see a doctor right after the wreck, the insurance company may use that against you. They can say your injury is not severe or there is some other cause of your injury.

What to Do After a Denial

You do not have to accept the insurer’s decision. Remember, you have rights. If you receive a denial, you can fight back. Here are some ways to do precisely that.

Hire an Attorney

An experienced attorney will take the steps necessary to convince the insurer to do what’s right. They will investigate the accident to get the proof to show your claim is legitimate. The faster you hire a lawyer, the better the chances they can gather evidence before it disappears.

Attorneys can obtain evidence that non-lawyers often cannot. They can, for instance, request footage from nearby surveillance cameras. If it appears the at-fault driver was texting and driving, an attorney can seek that driver’s phone records.

Once they get that proof, they will send a demand letter to the insurance company.

This letter typically includes:

  • Your version of what happened.
  • A detailed description of all your damages or financial losses. These include medical bills, lost income, property damage, and more.
  • The evidence that backs your claim and shows the other driver was responsible for the accident.

Gather Evidence

You need evidence to prove both liability and damages. For example, you will likely provide bills and receipts for your medical expenses, and pay stubs to show how much money you lost if you cannot work due to your injury. The more documentation you can share with your attorney, the stronger your case will be.

Showing your medical costs will be essential. These include the costs for every doctor visit, all your prescription medications, and hospitalization and physical therapy if needed. If you claim lost income, you should provide pay stubs (or your last tax return) and a doctor’s note showing how much time you need off work and why.

File an Appeal

Most insurers provide claimants with a time window to appeal a denial. Your attorney can request an appeal and will also make sure it is well-organized. The appeal must include all required documents and present a compelling, clear argument of why the insurer should reconsider its decision.

What if the Insurer Still Refuses to Pay?

The average American pays $1,547 in auto insurance each year. But even though insurers typically make an incredible amount of money, they fight aggressively to protect their profits.

Most insurance companies assume you will disappear after they deny your appeal. But this is no time to give up. Your attorney will have more tools to fight for what is right. One is showing the insurer is acting in bad faith.

There are several ways an insurance company will act in bad faith. Sometimes, they will fail to meet the obligations set in your contract. Other times, they will simply break the law. You may be eligible to file a bad-faith lawsuit to hold the insurer accountable.

These are a few examples of insurance company bad-faith practices:

  • Not thoroughly investigating the accident.
  • Not having a valid reason for denying your claim.
  • Delaying the processing of your claim unreasonably.

Negotiating a Settlement

No one wants to go to court. Insurance companies hate it because it costs them a lot of money. If your attorney believes you have a strong case for a bad faith lawsuit, the insurer may choose to offer a settlement instead.

The insurance company will likely try to offer you a settlement rather than continue with the lawsuit. But please do not accept it until you speak with your attorney. Insurance companies are notorious for “low-balling” claimants. If you agree to their initial offer, it probably will not come close to paying for your expenses. If that happens, you will be responsible for paying whatever the settlement does not cover.

Contact an Experienced Car Accident Lawyer Today

Darl Champion

Car Accident Attorney, Darl Champion

If the insurance company denies your claim, speak with a skilled attorney. A personal injury lawyer in Marietta will assess your rights to compensation and, if you have a claim, protect your rights and your best interests throughout the process.

Case evaluations are free with reputable car accident attorneys, so never wait to begin seeking the financial recovery you deserve with the right legal support.

About the Author

The Champion Firm, Personal Injury Attorneys, P.C. is a full-service personal injury law firm serving the greater Metro Atlanta area. Our award-winning team of attorneys specializes in car accidents, wrongful death, premises liability, and slip-and-fall cases. Learn more about our team here.