When Is the Right Time to Challenge a Car Insurance Claim Denial?
Michael Babboni
Insurance Coverage
Car insurance companies do everything in their power to avoid paying out on car accident claims. When policyholders contact them with a claim, they start to look for any reason possible to place the blame on the other driver involved so they can deny the claim.If you have recently had a car insurance claim denied, you might want to consider discussing your case with an experienced personal injury attorney. There is still a chance you can receive compensation, and an attorney can help you challenge the insurance company and try to get the denial overturned.
When You Can Overturn a Denial
There are a few reasons the insurance company might deny an insurance claim. Some of those reasons may include:
• A missed deadline for filing a claim
• A policy lapse and missed payment
• Damages are not covered by the policy
• You gave wrong or misleading information when filing the claim
• You failed to seek medical attention
• License was expired at the time of the accident
• You were under the influence at the time of the accident, as shown by a citation and arrest record at the scene
While some of these reasons are certainly valid, others may be challenged and can unravel if your claim goes to court. For example, if you sought out medical attention the day after the accident instead of the day of, then you may be able to challenge the denial.
Victim Blaming
Insurance companies love to try to blame the victim when they want to avoid paying out for car accident claims. However, if you weren't under the influence at the time of the accident and the accident was clearly the other driver's fault, you definitely have the leverage to overturn the denial. For example, you were rear-ended by the other driver while you were stopped at a red light. It will be hard for the insurance company to continue denying the claim in this case.
Assigning Partial Blame
Even if it is found that you were partially to blame for the accident, you may still be entitled to compensation to cover the fault of the other driver involved. However, in this case, an insurance company will try to offer much less than the full amount, even if the coverage was adequate. An experienced attorney can help determine your percentage of the blame and fight to get the compensation you are entitled to.
What NOT To Do When Filing Your Claim
When you file your claim with the insurance company, avoid providing too much information or saying too much. You don't want to tell the insurance company what your opinion is regarding the accident, and you don't want to apologize or offer any hint of blame when speaking with them. Doing so can make a potentially negative impact on your claim and can hurt your chances of compensation.
Even if your insurance claim was denied, you could still seek compensation. However, since these situations can prove to be complicated, it is best to discuss your options with a qualified personal injury attorney to determine the best next steps.
So, when is the right time to challenge an insurance claim denial? Right away. Discuss your case with the attorney and immediately take the next steps to overturn a claim denial and fight for compensation.