If you or somebody you care about sustains an injury or property damage in a vehicle accident caused by the actions of another driver, you deserve compensation for your losses through an auto insurance claim. The vast majority of vehicle accident claims in California will be resolved through insurance settlements, but that does not mean the process is always straightforward. It is not uncommon for insurance carriers to delay or even deny a claim altogether. Here, we want to discuss some of the main reasons that car crash claims are denied.
1. Understanding Car Insurance Claims
Car insurance claims are a crucial aspect of the insurance process, allowing policyholders to seek compensation for damages or losses resulting from a car accident. Understanding how car insurance claims work can help you navigate the process more effectively and increase your chances of a successful claim. Typically, a car insurance claim involves reporting the incident to your insurance company, providing relevant details and documentation, and waiting for the insurance adjuster to assess the claim.
It’s essential to be truthful and accurate when reporting a claim to your car insurance company, as misrepresentation or inaccurate information can lead to a claim denial. By understanding the steps involved and the importance of accuracy, you can better manage your car insurance claims and avoid potential pitfalls.
2. Failure to Seek Medical Treatment
One of the main reasons that individuals do not receive an acceptance of their insurance claim, or at least receive an insufficient settlement offer, is that they do not seek medical treatment after an accident occurs. Understanding how auto insurance claims work can help you navigate the process more effectively and increase your chances of a successful claim. It is absolutely critical for any car accident victim to go to the doctor for an evaluation. Even though some injuries may not appear right away, there are times when pain begins to occur hours or days after the crash.
This period between when the crash occurs and seeking medical care can give insurance carriers a reason to deny the claim, and they could say that you sustained an injury somewhere else after the crash occurred.
3. Pre-Existing Injuries
Insurance carriers regularly try to dig up any pre-existing injuries an individual has sustained. The reality is that most individuals have sustained injuries at some point in their lifetime. This can include workplace injuries, previous vehicle accidents, slip and fall incidents in their home, and more. This is why insurance carriers like to obtain your entire medical history. This gives them the ability to dig through and look for other causes that could explain your current pain and suffering. The existence of pre-existing injuries should not keep you from recovering compensation for your losses.
4. Failure to Meet Filing Deadline
Insurance carriers have fairly quick reporting deadlines. You really need to report the accident to your insurance carrier within a day or two after the incident occurred. Your insurance carrier can take it from there and notify the other driver’s insurance carrier. Please meet filing deadlines. Additionally, if you have to file a personal injury lawsuit against the other driver, California has a two-year personal injury statute of limitations in place.
5. Fault Disputed
If there is any dispute over who caused the incident, this could certainly lead to an insurance carrier denying the claim. The driver’s insurance carrier is not going to simply pay the claim if they think you are at fault. However, they may try to shift the blame your way to try and limit how much money they pay and compensation, even if they know their driver shares the fault. The good news is that California operates under a “pure comparative negligence” system which means individuals can recover compensation if they are up to 99% at fault for the incident. The total amount of money they receive in a claim will be reduced depending on their percentage of fault.
6. Bad Faith Insurance Denials
There are times when insurance carriers act in bad faith, which means they fail to uphold their end of the insurance contract. This could include denying legitimate claims, making threatening statements, advising you not to seek assistance from a lawyer, making unreasonably low settlement offers, and more.
7. Consequences of a Denied Car Insurance Claim
A denied car insurance claim can have significant consequences, both financially and emotionally. Without a payout, you may be left to cover repair costs, medical expenses, or other losses out of pocket. This can be especially challenging for those without sufficient savings or additional coverage. A denied claim can also cause stress and inconvenience, as you may need to dispute the denial, gather additional evidence, and communicate with the insurer.
Understanding the reasons behind a claim denial can help you take steps to avoid similar situations in the future. By being aware of the potential consequences, you can better prepare yourself and take proactive measures to ensure a smoother claims process.
8. Appealing a Denied Car Insurance Claim
If your car insurance claim is denied, you have the right to appeal the decision. The first step is to review the denial letter and understand the reasons for denial. You can then gather evidence to support your claim, such as photos, witness statements, or further documentation. It’s essential to present a solid case to increase the chances of reversing the denial. You may also want to consult with an attorney or insurance professional to help you navigate the appeal process. Filing an appeal with the insurance company can be a complex process, but it’s worth the effort to ensure you receive the compensation you deserve.
By taking the time to understand the appeal process and seeking professional assistance if needed, you can improve your chances of a successful outcome.
9. Preventing Car Insurance Claim Denial
Preventing car insurance claim denial requires careful steps to ensure you have the best chance for a successful claim. Key steps include timely reporting, providing accurate information, understanding policy exclusions, aligning claims with policy limits, and cooperating with insurance adjusters. It’s also essential to maintain a cooperative approach with insurance adjusters throughout their investigations and to substantiate your claim by presenting compelling evidence.
By taking these steps, you can reduce the risk of a denied claim and ensure a smoother claims process. Being proactive and thorough in your approach can make a significant difference in the outcome of your car insurance claims.
10. Hiring a Car Accident Lawyer
If you’re dealing with a denied car insurance claim or need help navigating the claims process, hiring a car accident lawyer can be a wise decision. A car accident lawyer can help you understand your rights and options, gather evidence to support your claim, and negotiate with the insurance company on your behalf.
They can also help you appeal a denied claim and ensure you receive the compensation you deserve. Look for a law firm with a strong track record of success in personal injury cases, and don’t hesitate to reach out for a free consultation to discuss your case.
By enlisting the help of a skilled attorney, you can improve your chances of a favorable outcome and ensure that your interests are well-represented.
Overcome Insurance Claim Challenges with Callahan & Blaine
If you’re facing a denied car insurance claim, it’s crucial to understand your rights and options. At Callahan & Blaine, our skilled team has over 40 years of experience handling complex insurance and personal injury cases. We understand how insurers operate and are here to help you overcome claim denials, from challenging wrongful fault assignments to addressing bad faith practices. With our support, you may be able to secure the compensation you deserve for medical bills, property damage, and other losses.
Our firm is dedicated to protecting your interests, navigating every step to ensure your case is as strong as possible. For experienced representation, call Callahan & Blaine at (714) 241-4444, or reach out through our contact form to learn how we may assist with your insurance claim.
