After suffering injuries in a car accident, the “at-fault” driver’s insurance company is supposed to pay for damages, at least up to the limits of their available insurance coverage.
Unfortunately, injured accident victims often discover the hard way that insurance companies are not on their side. Even when they share no blame for the accident, they may find that their claims are denied. This can be frustrating and confusing. After all, injured accident victims need money fast to pay for their medical bills and car repairs.
When a car accident claim is denied, what can you do?
Determine Why They Denied Your Claim
The first step after a claim denial is to determine why the insurance company made their decision. There are numerous reasons why they could potentially deny your claim. Some of these reasons are more valid than others. The most common reasons why insurance companies deny car accident claims include:
- Unclear as to fault,
- Policy exclusions,
- Policy lapse,
- Failure to notify,
- Pre-existing medical conditions,
- No, or inadequate medical records,
- Delay in seeking medical treatment and
- Failure to mitigate the injury.
Sometimes, an insurance company denies a car accident claim because they do not have all of the information. Other times, they deny a claim because the details of the case are unclear. However, they can also deny a claim in bad faith and without cause.
Appeal Your Denial
If you believe that the insurance company wrongly denied your claim, then an attorney can help. Your lawyer will need to examine the details surrounding the case. They will gather evidence and speak to medical experts to build your case and appeal the denied claim.
Your lawyer will then contact the insurance company and appeal the decision. This may be a lengthy process and could result in arbitration. As such, it is important to have an attorney on your side throughout the appeals process.
Negotiate a Settlement or Enter Into Courtroom Litigation
Once your attorney has appealed the denial, they will begin to negotiate a settlement with the insurance company. Your attorney will seek compensation for:
- Medical expenses, if applicable,
- Lost wages,
- Loss of future earnings,
- Pain and suffering,
- Future medical care,
- Disability and
- Car repairs.
If you and your insurance company are unable to reach a settlement, then your attorney may file a formal Complaint in Court. This most often occurs when the insurance company is denying your claim in bad faith.
When an insurance company denies your car accident claim, it is important to know that the law is on your side. You have rights and a New Jersey auto accident attorney can help you protect those rights every step of the way.
Contact Our New Jersey Auto Accident Lawyers
When your car accident claim is denied, you may believe there is nothing that you can do. This is simply not true. Car accident victims in New Jersey have a right to seek compensation from the at-fault driver. When an insurance company is not playing fair, it is time to turn to a New Jersey auto accident lawyer to handle your case.
At Rosner Law Offices, P.C., our attorneys can answer your questions and fight for your right to full compensation. Call us today for a free initial consultation and review of your case at (856) 692-6500 or fill out our confidential contact form. Our office is conveniently located in Vineland, New Jersey, so we are available wherever you need us. Call today!