After you’re in an auto accident, the last thing you expect is for your personal injury claim to be denied. However, very often, the insurance company for the at-fault party will deny your claim, citing all types of reasons. When you’re injured, your recovery alone can be stressful, especially when you’re facing expensive medical bills and may not be able to work. The last thing you need is the frustration and complications of a denied claim.
The skilled personal injury lawyers at Peterson & Associates, P.C. understand how overwhelmed you feel after being hurt in a car accident, and they also know the underhanded tricks and tactics insurance companies use to try to avoid paying you fair compensation for your injuries. Here, we discuss what to do when the insurance company for the liable party denies your claim.
When the Insurance Company for the Liable Party Denies Your Claim
When you submit a personal injury claim to the insurance company of the at-fault party, you may receive a letter denying your claim. This document, letting you know that the insurance company has decided not to make payment for your personal injury claim, will likely state they’ve reviewed your claim and found insufficient evidence to support your request for compensation. The letter will also outline the specific reasons they’re denying your request. There are things you need to do at this point to appeal the denial, including the following:
Review the Letter of Denial
When an insurance company denies a claim, it must provide specific reasons for doing so. If you receive a denial letter, the insurance company may have included any one of the following justifications:
Missing or Incomplete Documentation
The at-fault party’s insurance company may say that the paperwork you submitted didn’t provide enough information or evidence to support the severity of your injury and the validity of the claim. The letter may state:
- You didn’t include the police or accident report
- The witness statements provided were incomplete or didn’t provide enough evidence
- You didn’t provide the required forms or documentation from your insurance company
- There were coding or billing errors on the medical forms you provided
- There was not enough information about your injuries or medical treatment
Injuries Weren’t Caused by the Accident
This claim used by the insurance company is a tactic that forces you to provide evidence that links your injuries to the actual accident. The letter may say the insurance company believes the injuries you sustained were not caused by the accident and claim you had a pre-existing condition that is the cause of your current injury; there is a lack of sufficient medical evidence connecting the injury to the accident; or other factors that could explain why the injury is unrelated to the incident.
You Waited Too Long to Seek Medical Care
Insurance companies want to know the date, time, and location of your medical treatment. If you wait to see a doctor, they may not believe you were injured in the accident. Waiting can erode the credibility of your claim. Because you need medical reports that document your injuries, waiting too long to get medical care can make it harder to prove your injuries are directly linked to the accident.
Additionally, insurance companies may argue that your delay in seeking medical treatment exacerbated the severity of the injuries. They may claim they are not responsible for damages that were caused because you delayed seeking immediate medical care.
Request a Detailed Explanation
If you receive a letter denying your claim, ask the insurance company to provide specific reasons for the denial. Getting these details in writing can help you understand the evidence you need to challenge their decision. If you don’t have a personal injury attorney at this point, you should get one. A skilled injury lawyer can help you draft a formal appeal that addresses each reason for the denial, explain your rights and options, and guide you through the appeals process.
Collect More Evidence
When you thoroughly document your injuries and damages, it makes it harder for the insurance company to justify denying your claim. Strong evidence is critical for successfully appealing a denied claim. You should focus on collecting the following:
- Medical records that clearly show the link between the accident and your injuries
- Witness statements that help show that the accident was the other driver’s fault
- Photos of the accident scene, your visible injuries, and damage to your car and the property that may have been in your car
- Documentation that shows how the accident has impacted your work, including emails with your boss about needed time off, why you can’t work, and lost wages
- Expert opinions from accident reconstructionists or medical professionals
Our skilled team of personal injury attorneys can help you gather this evidence to help prove your claim. We know the right kinds of documentation and witness statements that will help support your claim, and we have access to experts who can help validate the severity of your injuries and how the accident happened.
Consider Filing a Bad Faith Claim
Insurance companies are legally obligated to handle claims in “good faith.” This means they are required to investigate and process a claim promptly and fairly without trying to avoid paying a legitimate claim. When they use underhanded tactics such as deliberately delaying your claim to deny coverage, they are acting in bad faith. Our Kansas City personal injury lawyers can help determine if the conduct of the insurance company warrants a bad faith claim.
File Your Claim on Time
In Missouri, you have five years from the date of an injury to file a personal injury lawsuit. This is called the statute of limitations. This may seem like a long time; however, the longer you take to file the claim, the weaker your case can become. Valuable evidence may be lost or harder to obtain the longer you wait, and witnesses may forget key details about the accident. Waiting too long to file your claim is risky, and building a strong case takes time. That’s why it’s beneficial to hire a skilled personal injury lawyer to help you meet important deadlines.
How a Kansas City Personal Injury Lawyer Can Help Strengthen Your Claim
When you hire an experienced Kansas City personal injury lawyer, you strengthen your claim because a skilled lawyer knows how to do the following:
- Provide compelling evidence. Our lawyers have access to professionals who can provide testimony that will help support your claim. These include reconstructionist experts and medical specialists.
- Protect your rights. Insurance companies must follow specific rules when handling claims. Your lawyer will help ensure they don’t violate your rights or use unfair practices in an attempt to avoid payment.
- Negotiate effectively. When you have an attorney representing you, insurance companies take you more seriously. They know that an attorney understands common negotiation tactics and won’t be intimidated by aggressive insurance adjusters.