We purchase insurance with the expectation that it will help us when things go wrong, when accidents happen. What don’t we expect? We don’t expect insurance companies to be part of the problem, aggravating their toll on a person and their household. Seeing your car accident claim denied doesn’t have to be the end of the story.
Why Insurance Companies Deny Car Accident Claims
Understanding why an insurance company denied the claim in the first place is the first step to setting things straight and getting the compensation you’re owed. There may be many reasons why an insurer will deny a claim, but here are some of the excuses we see the most at Fenderson Law.
Lack of Evidence
Insurance companies may point to insufficient evidence as the reason behind why there’s a car accident claim denied by their adjuster. The insurance company may have online pages or procedures that their customers must follow for uploading or submitting evidence of the accident. Pictures of the accident, bills, and documents showing lost work; if any of these are missing, insurers may deny a claim.
Disputed Liability
When you’re unsure how to file a car accident claim, you may struggle to identify the right insurer to submit the claim to. In some cases, you may receive a denial based on disputed liability, where the insurer may claim that they are not responsible for your loss. While this could be accurate in some cases, many times insurers use this to sow doubt and confusion while avoiding their liability.
Policy Exclusions
Another commonly cited reason for a car accident claim denial is a policy exclusion. From the insurance company’s perspective, the accident and subsequent claim are not covered because of a named exclusion in the policy. Whether this is an accurate reflection of the facts is another question entirely.
Missed Deadlines
Similar to policy exclusions and evidence, insurance companies set deadlines for when claimants must submit forms and evidence. This includes an initial deadline to notify the insurance company of a claim. This is often a very short period of time after the accident so it’s essential to become familiar with your coverage and applicable deadlines.
What Should You Do If Your Claim Is Denied?
An insurance company denial does not have to mean the end of your claim. There are steps injured car accident victims can take to protect their rights and pursue the compensation they’re owed.
Review the Denial Letter Carefully
The denial letter should contain important information explaining the insurance company’s logic. It should clearly detail specific reasons why they’ve denied the claim in the first place. It should become clear in reading this where the error lies, whether that’s the need for more evidence or whether a Florida bad faith insurance lawyer should step in.
Gather Additional Evidence
If the claim was denied because the insurance company did not have enough evidence to verify the claim, begin gathering additional supporting materials. Look at the letter to see if the insurance company specified what documentation they would need to see, and try to get it to them.
Request a Written Explanation
If the denial letter doesn’t point to the specific facts that led to a denial, notify the insurance company. They should provide a clear, written explanation so that you can either rectify errors or prepare a lawsuit with the support of a Florida bad faith insurance lawyer.
Avoid Giving a Recorded Statement Without Legal Advice
Upon receiving the initial claim denial letter, there may be a temptation to immediately get on the phone and speak with the company. However, this might complicate a claim further because the insurance company will attempt to use anything you say while dealing with insurance adjusters to keep the car accident claim denied. You can better protect yourself and your claim by speaking with an experienced attorney first.
Can You Appeal a Denied Car Accident Claim?
Injured victims should read and reread the denial letter because it should also describe the procedures and deadlines for filing an appeal with the insurer. It may also provide distinct contact information to complete this process, separate from the original claims department.
When Should You File a Lawsuit After a Claim Denial?
Deciding when to file a lawsuit should be done in consultation with a trusted Florida bad faith insurance lawyer. Speaking with an experienced attorney early can help you learn how to file a car accident claim and what to do if you receive a denial letter. That includes navigating the steps between denial and a lawsuit.
Negotiation Before Litigation
Before filing a lawsuit against the insurance company, there may be a period of negotiations between the injured victim, their attorney, and the insurance company’s attorneys. Many times, insurers can be made to see the error of their ways in negotiation and choose to settle a case here.
Statute of Limitations in Florida
In Florida, injured victims generally have up to two years from the date of the accident to file their lawsuit. However, filing well before that deadline is the best way to ensure necessary evidence is available, collected, and preserved.
How Filing a Lawsuit Can Increase Settlement Leverage
If the insurers know that they may have to back up their statements in front of a jury and defend their position in front of neutral deciders, they may start to negotiate in good faith. This can help injured victims get the compensation they need sooner.
How a Florida Car Accident Lawyer Can Help After a Denial
Injured car accident victims don’t have to accept a claim denial as the end of the road. When clients turn to the experienced Florida bad faith lawyer at Fenderson Law, they find a fighter ready to get them every penny they’re owed. Speak with Fenderson Law Firm in a free case assessment to learn what your options are.
