Dealing with the insurance company after a car accident can be stressful, especially when you have been injured. If the adjuster denies your claim, the experience will be even worse. When this happens, it is usually because the adjuster believes they have enough evidence to show that you don’t qualify for compensation. You don’t have to accept this decision, though. Here’s what you can do if your claim is denied.
Find out why your car accident claim was denied
It is common for insurance companies to send out letters when a claim is denied. They should explain their reasoning behind the denial, but the letters aren’t always easy to understand. Sometimes when an adjuster denies a car accident claim, they are hoping that you will accept it move on. But, be sure to understand everything in any letters you receive about the denial. A car accident attorney can help you understand the jargon.
Here are some common reasons your car accident claim can be denied.
- The adjuster found that you contributed to the accident. In Texas, if you are more than 50% at fault for a car wreck, you don’t have to be given compensation. Be aware that some insurance adjusters will try to use this law to exaggerate your amount of fault and give you an unreasonable offer.
- The other driver’s coverage has lapsed. This is something you have no control over. If the driver failed to pay their insurance fees, the company can claim that their coverage has lapsed and deny your claim immediately. This is why having uninsured and underinsured motorist coverage (UM/UIM) in your own policy is so important.
- You have pre-existing health issues. If you have previous injuries or medical conditions, it can be difficult to know how the car accident worsened them. The insurance company may attempt to use uncertainty about your health to reduce or deny your claim.
Texas uses a rule called the “eggshell skull doctrine” that says that even when a victim has previous injuries, that does not lessen the negligent driver’s fault. Typically, you will still need to provide information about your past and current health from doctors and accident reconstruction professionals in a lawsuit.
- You didn’t get medical treatment right after the wreck. Many times, people don’t know the extent of their injuries after a car accident. Some issues, like brain injuries and herniated disks, don’t show their full symptoms until days or weeks after the wreck. It isn’t uncommon for insurance adjusters to view this as evidence of a false claim. Ensure that your doctor(s) keep an accurate record of your injuries and the timeline of symptoms.
- Your medical records aren’t accurate. Although this is a legitimate reason to be unsure of a car accident claim, that doesn’t mean you deserve less compensation. Insurance adjusters will often deny claims due to inaccuracies or confusion. If your doctor(s) don’t include enough information, the adjuster can take this many different ways.
Avoid being too emotional
If your car accident claim was denied, you have a right to be angry. But, it isn’t usually a good move to take that anger out on the insurance company. They are accustomed to dealing with people who aren’t happy with a claim’s outcome, yelling, rants, and legal threats. It is best to seek legal help from a personal injury attorney when your claim is denied.
Create a legal strategy to get compensation
Once your car accident claim has been denied, the company won’t consider any new evidence or information. To them, the claim is closed for good. Remember, you don’t have to accept this if you have a case against their insured. An experienced attorney can help you know how strong your case is and will be able to handle the entire process. This will allow you to focus on healing rather than dealing with an insurance company.
You must provide your attorney with all the evidence you have of the other driver’s negligence. This means any photos, insurance paperwork, police reports, and medical records. Be open with your attorney and avoid speaking with the insurance company as much as possible.
Attorney Dean Boyd can help with your claim
If you hire an attorney before you deal with the insurance company, you can avoid undue stress and save time. Attorney Dean Boyd and his caring Team are ready to help you get the compensation you deserve after a Car Accident. Call us at (806) 242-3333 or Send Us an email to learn more about getting your free case consultation and our Services.