What If My Insurance Company Denies My Auto Wreck Claim?

Auto Accident Injury Claims

Most drivers have auto insurance because in the event that they have an accident and they meet the conditions of their policy, they expect the insurance company to help pay for the resulting expenses.  Sometimes, however, an insurance company will deny their claim. Insurance companies can deny people’s claims for a number of different reasons. The first thing to understand is why they denied it.

Common Reasons for Denial

The most common reason why an insurance company will deny a claim is if the claimant’s actions were the actual cause of the accident. For example, an insurance company may deny a claim, if the person making the claim was texting and driving at the same time.  If the texting and driving was the cause of the accident, then an insurance company is unlikely to compensate the driver.

Car Accident Claim Exceeds Policy Coverage

Another reason that they may deny a claim is if the claimant’s policy does not cover the claim that has been made. Sometimes insurance companies will deny a claim for medical expenses if they believe that the driver did not seek medical attention in a timely manner. Sometimes when people don’t seek immediate medical attention quickly, their ailments and injuries could be exacerbated, thus causing further injury.  Insurance companies treat waiting for medical treatment as contributory negligence and will deny the claim of someone who has waited too long.

Pre-Existing Conditions

Another reason that an insurance company may deny a claim is that they believe that a pre-existing condition of the claimant was the root cause of the injury. For example, if a person injured their back playing sports earlier that year, this would be a pre-existing condition. When the motorist claims that the car accident injured their back, the insurance company might argue that the previous back injury was the root cause of the damage.   In many cases a claim will be denied because the person driving was not a named party on the insurance policy.

Denial for Non-Payment of Premiums

If a claimant has not paid their insurance premium, coverage may have lapsed. Many drivers are unaware of their coverage lapsing and are surprised to find out that their claim has been denied because of it. Certain policies also have limits to the amount of damage that they cover. If the damage or injury claim exceeds this limit, the claim may be denied as well. Other policies have certain “exclusions” such as “acts of god” that they do not cover. If the claimant’s injury falls within these exclusions, the claim may also be denied.

Hiring a Personal Injury Lawyer

In the case of a denied claim, it is important for a driver to hire a personal injury attorney to analyze and review their claim and make sure that the denial was legitimate.  An additional benefit to having an attorney present is that they can investigate the collision to see if there is any additional evidence to help prove the claim. If a claim has been denied and the attorney provides evidence that shows the denial to be invalid, the attorney would also be helpful in filing an appeal.