What Happens If an Insurance Company Denies Your Personal Injury Claim?

You might have thought the hardest part of your personal injury case was behind you after the accident. Unfortunately, dealing with an insurance company can be a whole new challenge. If an insurance company does not approve your personal injury claim, it can feel like hitting a brick wall. Keep reading to learn why your claim could be denied by an insurance company and what steps you can take next.

Common Reasons for Denial

Insurance companies deny personal injury claims for several reasons. Knowing these reasons can help you avoid pitfalls and prepare a strong case.

• If you don’t provide enough evidence to support your claim, the insurance company might deny it. This includes medical records, police reports, and witness statements. Keeping records after your accident can help you build a strong case.
• Sometimes, the accident or injury might not be covered under the insurance policy’s terms. This could happen if the injury was self-inflicted or occurred while you were engaging in illegal activities. Review your insurance policy to understand what is covered.
• Insurance policies usually have strict deadlines for filing claims. If you miss these deadlines, the insurance company can deny your claim. Always file your claim as soon as possible after the accident to avoid this issue.
• If the insurance company believes you were at fault for the accident, they might deny your claim. In some cases, they may argue that both parties were equally responsible, reducing the payout amount. Gathering strong evidence and witness statements can help counter these claims.
• Insurance companies often try to argue that your injuries were not caused by the accident but by pre-existing conditions. Having medical records that show your condition before and after the accident can be crucial in these situations.

Steps to Take After a Denial

If your claim is denied, it’s not the end of the road. Here are steps you can take to fight the denial and seek the compensation you deserve.

• The first thing you should do is request a written explanation from the insurance company explaining why your claim was denied. This document will help you understand their reasoning and gather the necessary information to dispute the denial.
• Carefully review your insurance policy to ensure that the denial was justified. Look for any clauses that might support your claim and check if the insurance company followed the correct procedures.
• If your claim was denied due to insufficient evidence, gather more documentation to support your case. This could include additional medical records, more detailed witness statements, or even expert testimony to back up your claims.
• Most insurance companies have an appeal process for denied claims. Follow their procedures carefully and submit all additional evidence you’ve gathered. Be sure to keep copies of all correspondence and documentation related to your appeal.

In some cases, you might be able to resolve the dispute through mediation. This involves a neutral third party who helps both sides come to an agreement. Mediation can be a less formal and less costly way to settle your dispute without going to court.

When to Consider Legal Action

If the insurance company still refuses to settle your claim after you’ve exhausted all other options, it might be time to consider legal action. Filing a lawsuit can be a complex and lengthy process, but it can also be the most effective way to get the compensation you deserve.

In California, there is a statute of limitations for bringing lawsuits based on personal injuries. For most personal injury cases, this period is two years from the date of the accident. If you miss this deadline, you may lose your right to seek compensation.

Building a Strong Case

To build a strong case, you need to gather all relevant evidence, including medical records, police reports, and witness statements. It’s also helpful to document your injuries with photographs and keep a journal of how your injuries have impacted your daily life.

Comparative Negligence

California follows a comparative negligence rule, which means that if you are partially at fault for the accident, your compensation gets reduced. For example, if you are found to be 30% at fault, your compensation will be reduced by 30%.

Contact Los Angeles Personal Injury Lawyer Samer Habbas

If an insurance company has denied your personal injury claim, you don’t have to face this battle alone. Law Offices of Samer Habbas & Associates, PC personal injury attorneys can help you understand your legal rights and options. We are ready to fight for the compensation you deserve. Contact Law Offices of Samer Habbas & Associates, PC by calling 949-727-9300 or contacting us online for a consultation. Don’t let the insurance company deny you the justice you deserve.