The Most Common Car Accident Claim Denials
After a car accident, it would be ideal to be able to rest and focus on healing without any added stress. Unfortunately, people who have been injured in a car accident will need to spend a lot of time on financial matters, which includes dealing with insurance companies and working through claim denials. Auto insurance companies will do everything they can to deny payment on a claim. Learn more about the top reasons why an insurance company might deny your car accident claim and how your Las Vegas car accident lawyer can help you work through the situation.
You Don’t Carry Enough Insurance.
You cannot file a claim against a policy that doesn’t exist. Sometimes the problem is that a person does have an auto insurance policy but has lapsed on the payments so it’s no longer current. In other cases, a person may carry an auto insurance policy but it doesn’t cover what they think it does. Make sure your insurance payments are up to date and consider an automatic payment if you have a hard time keeping up with due dates. When you renew your insurance policy each year, take time to review it to verify that it covers everything you might need. Ideally, choose the uninsured or underinsured motorist coverage if you can afford it, and it is recommended to always carry higher insurance rates then the Nevada State minimum of 25/50/20.
You Caused The Accident
Nevada is an at-fault state, which means that the driver who caused the accident is responsible to pay damages to the other driver, usually through their insurance company. If it’s determined that you caused the accident, your car accident claim will be denied and you will not be able to collect any compensation.
You Violated The Terms Of Your Auto Insurance Policy
All insurance carriers place limits on what drivers can and cannot do. For example, most personal policies won’t cover commercial vehicles. It’s important to make sure you have the right policy for the type of driving that you want to do. If you get into an accident, your insurance company will deny the claim if you were acting outside of the limits of your policy.
Your Claim Needs More Support
Maybe you have a valid claim but didn’t provide enough detail. You cannot just say that you were injured; you’ll need to provide proof and specifics. Talk with your Las Vegas personal injury lawyer to build a solid claim, which typically includes notes from your physicians, x-rays and other imaging, police reports, and similar documentation. If your proof contradicts your statements or your claim has insufficient proof, your insurance company will likely deny it.
You Committed Fraud
Honesty is crucial when it comes to insurance claims. If you falsify any information on your claim, it will be denied and your policy may even be canceled.
Your Injuries Did Not Result from the Accident
Generally speaking, the law holds a person responsible for worsening existing injuries in a car accident victim. However, the insurance company may argue that an injury or preexisting condition from before your accident is not the fault of the driver and therefore cannot be part of a car accident claim. This situation can get complicated, so be sure to consult with your Las Vegas car accident attorney for legal advice.
Your Claim Raised Suspicions
It’s crucial to follow certain procedures and understand what to do in case of a car accident. If you did not call the police at the time of the accident, waited a long time before filing a claim, or had an unreasonable delay in seeking medical treatment, insurance adjusters may feel suspicious about your claim and deny it. Even if you feel fine right after a collision, seek medical treatment immediately. Always call 911 and file a police report, and inform your insurance company right away about the situation. But you’ll need to be careful about what you say; it’s best not to speak with them until after you’ve consulted with your Las Vegas car accident attorney.
What Can I Do If My Claim Was Denied?
If your insurance company has denied your claim, there are several things you can do.
First, seek legal guidance from your Las Vegas personal injury lawyer.
Next, find out why the insurance company denied your claim. Ask for a written letter stating the reasons. Sometimes, all you need to do is send additional information, such as more medical information or a police report.
Consider filing an appeal with guidance from your attorney. If the appeal fails, you may still have options, especially if you suspect your insurance company is acting in bad faith, which means their refusal is not based on facts but an unreasonable attempt to avoid its obligation to you. Bad faith can take many forms, including denying a claim without investigating, losing paperwork, refusing to provide documentation, and more.
Has Your Car Accident Claim Been Denied?
If you’ve been injured in a car accident in Nevada and had your claim denied by your insurance company, call the lawyers at Benson & Bingham Accident Injury Lawyers. We can help you deal with insurance companies, insurance adjusters, car accident claims, and other aspects of your case so you can work toward the compensation you need to rebuild your life. To learn more about our services, contact us to speak directly with one of our attorneys.