If someone has hurt you in a car accident, the process of filing an insurance claim may seem easy. But, dealing with insurance companies can be difficult. What can be even more troubling is seeking the compensation you deserve when their insurance company denies responsibility outright. Here are some ways that you can handle this situation with your personal injury attorney.
What to do when your claim is denied
Sometimes the insurance company will deny your claim and simply say that they will not take responsibility for the driver that caused your injuries. If they say this to you, you need to ask for proof of their decision. They are required to provide this to you. If you have an attorney (it is best to for a successful claim), you will need to give them this information as soon as possible.
Tip: The best course of action is to let your personal injury attorney handle all conversations with the other insurance company from the beginning.
Common reasons why your claim may be denied
There are a few reasons why the insurance company will deny your claim and it is important to understand them. Your personal injury attorney will be familiar with these as well.
First responders didn’t state the other driver was at fault: When the insurance company says this is their reason for a denial, you will have to prove that it is wrong. This means finding evidence that the other driver was at fault. Your personal injury attorney can and should do this for you. You may also consider speaking with your own insurance company about the issue.
You were at fault for or contributed to the car accident: This reason can be difficult to deal with. In Texas, if a hurt driver was more than 50% at fault for an accident, they don’t have to be granted compensation. But, the insurance company may try to use this to their advantage. Your attorney can help you fight if your claim is denied in this way.
Their driver has lapsed coverage: This is not your fault or the company’s fault. It is why having uninsured and underinsured motorist coverage (UM/UIM) as a part of your coverage is vital.
You have a pre-existing condition: Having a preexisting condition can make car accident settlements more difficult. This is why you must go to the doctor as soon as possible after your car wreck. Although Texas follows the eggshell skull doctrine, which says that your previous injuries do not lessen the fault of the other driver, the insurance company may say that you were not injured in the accident at all.
You didn’t seek medical attention after the car wreck: If you don’t go to the doctor after your wreck, you could be at serious risk. Many people don’t know the extent of their injuries and can suffer greatly from delayed medical treatment. Also, waiting too long to see a doctor can allow the insurance company to say you have a fraudulent claim.
What can you do if the driver won’t cooperate with the insurance company?
Sometimes you will run into trouble with claim denials when the other driver will not work with their own insurance company. Everyone who has a policy must adhere to the “duty to cooperate” clause, which means they must work with the company during a claim. If their insurance company cannot get any information from their insured, then the claim cannot be processed correctly.
Another aspect of this situation is that when you file a claim, it is a legal action against the other driver. Their insurance company must defend them first and foremost. When they cannot speak with the other driver, it can be just frustrating for them as well as for you. Your personal injury attorney can help you move forward if this situation happens to you.
Tips for dealing with claim denials and insurance companies
Car wreck claims can be difficult and complicated. Your personal injury attorney is there to help you through the entire process. There are some things you should keep in mind, though, to help make the process smoother.
- Sometimes medical bills can be too much for an insurance policy to cover. Here’s what you can do about this.
- Avoid being overly emotional with the other driver’s insurance company. They may try to use your emotions against you to trap you into saying something that could lower your settlement amount.
- Be sure to find a trustworthy, experienced attorney. They will know exactly how to deal with the insurance company.
- If your claim is denied, you and your attorney should speak as soon as possible.
Do you need a Texas personal injury attorney?
If you need legal assistance after a car wreck, contact Attorney Dean Boyd and his caring Team. We are focused on providing you with professional, top-notch legal services and helping you get the compensation you deserve. You can reach us at (806) 242-3333 or Contact Us by Email for more information about our Services.