January 15, 2019

What Can I Do if My Insurance Claim is Denied after a Car Accident?

You paid your car insurance premiums faithfully every month. No doubt, you expected that when you made a claim, the insurance company would pay it. However, if you’re reading this, you have probably realized it doesn’t quite work like that. With more than 100 000 car accidents occurring in Alabama annually, almost everyone is likely to get into an accident. Many of those accidents result in injuries and vehicular damage.

It would be a financial disaster for insurance companies if they paid out every claim. Therefore, car accident claims in Alabama get denied for a variety of reasons. When it happens to you, you may think you have no chance of getting compensation. However, if you consult an attorney, you will learn some of the options available to you.

Why Vehicular Accident Attorneys See Car Accident Claims Get Denied

Sometimes there are valid reasons why an insurance company denies a claim. Other times, the insurance company has found an excuse not to pay and they hope you won’t fight them.

Alabama is what is known as a fault state. This means the at-fault driver’s insurance company should pay the deserved compensation. Because Alabama adheres to the contributory negligence rule, you can’t receive compensation if you played any role in the accident. The insurance company may deny your claim by arguing you had a role to play in the crash.

There are several other reasons why your claim may be denied, including missing or incorrect information. The insurance company may also refuse payment because:

  • The driver’s policy lapsed. If the driver who hit you let his payments fall behind, your claim will likely be denied. The driver has not insured if his payments are not up to date. This is where an uninsured or underinsured motorist policy will be of great help.
  • You didn’t report injuries at the time of the accident. It is strongly recommended that you seek medical attention immediately after a car crash. Even if you don’t think you are seriously hurt, you should see a doctor. If you wait, the insurance company may say you suffered your injuries elsewhere. They may even argue that you made up the injury or you’re exaggerating. This is especially common with injuries like whiplash.
  • You had a pre-existing condition. If you had an old injury or illness, the insurer will suggest that this is what is causing your pain. You should still be able to get compensation if the accident aggravated a pre-existing condition. However, proving this may be difficult and the insurance company knows that.
  • Your medical records are incomplete. Sometimes doctors don’t write out the full details of an injury. If your records are vague or inaccurate, the insurance company will take advantage of this. If you have a valid injury resulting from the accident, you will need an attorney’s help in proving it.

Why You Need to Work with an Alabama Car Accident Attorney

Many of the reasons insurance companies give for denials can be countered. For example,

whether you contributed to the accident or not can often be disputed. A competent attorney may be able to successfully argue that the accident occurred through no fault of yours. They may also be able to help you revise your claim if the form was incomplete or incorrectly filled out.

Your attorney may also advise you to sue the insurer for bad faith. Many policies are written in a way that makes it difficult for clients to understand them. A car accident lawyer can analyze the policy thoroughly. They will see if the insurer is using questionable methods to deny your claim. They may also be able to prove that the insurer never fully investigated your accident. These may be grounds for a bad faith claim.

There may be other options available to you after the insurance company denies your car accident claim. Chances are, you don’t know about them. That’s why the best thing to do after you receive a denial letter is to contact an attorney. They will review your case and determine whether the denial was valid or not. If the insurer rightfully denied your claim, you may still be able to get damages by pursuing a third party. You may not know about these liable parties if you don’t get legal advice.

Contact The Vance Law Firm and Let Us Help You

If you think your claim denial was unfair, reach out to us. Let us assign an Alabama car accident lawyer to talk to you. Schedule a free consultation with the Vance Law Firm and we will advise you on how to proceed. Our lawyers have gotten many insurance companies to reverse their denials. We may be able to do the same for you. Contact us today to discuss your case.

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