Dealing with the other driver’s insurance company after a motor vehicle accident can be highly stressful. Their insurance adjusters may call to speak with you several times and will often attempt to offer you a settlement that is far too low to cover your expenses. But how should you react if they deny fault altogether? Even in these circumstances, you have legal rights and can push back against the insurance company’s tactics.
Why Might the Other Driver’s Insurance Company Deny Your Claim?
Insurance companies employ claims adjusters who investigate accidents, interview claimants and determine how much the company should pay for the claim. Based on their information, the company may decide to deny liability for the accident. Some reasons for denying a claim may include the following:
- No liability is assigned to their client in the police accident report.
- Classifying the cause of an accident as an “excluded event,” which is generally an unforeseeable occurrence like an earthquake, a flood, a tornado, or another unexpected incident.
- The claim was not filed within the notification deadlines.
- The other driver had not paid premiums and was uninsured at the time of the accident.
- Claiming the victim was 100% at fault for the accident based on their investigation.
What Can You Do to Fight Back Against a Denial?
An insurance company cannot arbitrarily decide to deny a claim. They must have documented reasons for their denial and provide those reasons to you upon request. It is crucial to remember that just because the insurance has decided to deny your claim, it does not mean that you don’t deserve compensation for your damages. There are several ways you can oppose a denial, such as:
- Appeal the decision: There should be information on where to file an appeal on the denial documentation.
- Attempt to negotiate: Your lawyer can try to negotiate a settlement with the company to avoid a lawsuit, particularly if you have strong evidence.
- File a lawsuit against the other driver and their insurance: If the insurance continues to refuse to pay, you can take your claim to court. They will be ordered to compensate you for your losses if you win.
- Contact your insurance: In some cases, you may wish to consult with your own auto insurance. They might offer to pay your bills and then attempt to collect from the other driver’s insurance company themselves.
How Can a Car Accident Lawyer Help You?
If you disagree with an insurance company’s denial, it is recommended to consult with an experienced car accident lawyer to learn more about your legal options. A lawyer can thoroughly investigate your accident to gather the necessary facts to refute the denial. Many insurances don’t want to risk having the case go to court if there is strong evidence in your favor. Don’t allow the insurance company to unfairly dismiss your claim and withhold the compensation you deserve. Contact our law office today to discover how we can assist you: (949) 749-7402.