How or When Insurance Companies Won’t Settle a Claim

Insurance companies may at times adopt an adversarial position against the insured party’s claim for personal injuries. While this is least expected, clients are definitely shocked on learning that an insurance provider offered an alternative version of the accident to eliminate them from claim settlement. Your insurance claim may be denied as a result of no-fault insurance laws, an expired insurance policy (or excluded driver) or when the policy adjuster denies liability for the insured party. Whatever the reason, an explanation should be given to the insured by the claims adjuster.

Reasons an Insurance Company Won’t Settle

1. No-fault Insurance Laws

Third party immunity may apply in states where no-fault insurance laws are in effect. This means that third party drivers enjoy immunity against minor personal injury claims in states that allow no-fault insurance laws. For damages exceeding a certain amount or where the serious injury threshold is achieved, the insured may claim for pain and suffering. Serious injuries, however, may call for a personal injury attorney, as such cases may be complicated. It is only in states with traditional fault laws where the insured has every right to pursue the at-fault driver claims for damages.

What no-fault insurance entails

No-fault insurance, also called Personal Injury Protection, is an automobile insurance that doesn’t care about the at-fault driver. Under the law, it doesn’t matter who caused the collision, and there is no proof required that another driver was at fault. The insurance company pays for the damages directly. This differs from the traditional liability insurance in which the at-fault driver’s insurance company should pay for losses or damages.

What no fault-insurance covers

The no-fault insurance covers wages lost during recovery, death benefits, funeral expenses, and medical and therapy costs. The amount paid depends on the amount of insurance premium purchased.

What no-fault insurance does not cover

The no-fault insurance does not cover emotional distress, pain, or suffering. It doesn’t cover car repair bills or personal property damaged inside the car at the time of the accident. Except where serious injury threshold is achieved, the insured is also not allowed to file a lawsuit against the at-fault driver for pain and suffering.

2. Expired Insurance Policy And Excluded Driver

The insurer can deny a legitimate claim if either the at-fault driver’s license is expired or the driver in question is not covered in the policy. While driving without a valid license is considered illegal, the penalty may mostly attract a stiff fine or suspension of the license.

In the case of an excluded driver, a claim for personal injury may be denied if the at-fault driver is exempted from the policy. The insurance company’s argument may be that, although the policy covers the policy holder’s family members and others allowed to drive the insured car, the at-fault driver may not necessarily be covered by the policy.

3. Denial Based On Insufficient Coverage

Unscrupulous adjusters may deny a claim for personal injury on the basis of “insufficient coverage” in states that have traditional fault laws.

Insufficient coverage simply means the at-fault driver has no sufficient insurance to cover all damages. This mostly occurs when claims for personal injury exceed the limits of the at-fault driver’s insurance policy. This requires the insurance company to pay all the money under the insured policy, to enable the insured party to file a lawsuit against the at-fault driver for personal injury. Since many insurance adjusters wrongfully deny a claim for personal injury based on insufficient coverage, a personal injury attorney is required as the case may be too serious to handle alone.

In sum,an insurance company may fail to settle a claim for all the genuine and legitimate reasons. Whether one resides in a no-fault or a traditional fault insurance state, an experienced personal injury attorney is required as long as the claim is wrongfully denied.

Experiencing Pain After A Car Accident

Car accidents tend to involve a great deal of force, so it should come as no surprise to learn that car accident injuries are all too common. Furthermore, it is important to note that car accidents can cause a surge of both adrenaline and endorphins in car accident victims that will block their pain response, meaning that it is possible for them to have been injured without them feeling it in the moment. Fortunately, car accident victims can seek out compensation for their suffering, though there are some steps that should be implemented to maximize their chances of success in this particular course of action.

What Should You Do About Your Car Accident Injuries?

If you are someone who is experiencing pain and other symptoms after getting in a car accident, here are some of the steps that you should be taking:

See a Doctor

First and foremost, you should see a doctor as soon as possible. In part, this is because you want to get medical treatment for the injuries that you have sustained as a result of your car accident, which can be serious enough to come with life-threatening consequences if ignored. However, it should also be noted that you will need documentation of your injuries if you are going to seek compensation for your suffering, meaning that you want to get started on that sooner rather than later. After all, if you choose to hold off on getting medical treatment, there is a good chance that the opposing lawyer will use that to argue that you could not have sustained serious injuries if you were able to do so.

Sign Nothing

Sometimes, the other person’s insurance company might get in touch in order to convince you to sign a release of claims in exchange for a sum of money. Generally speaking, you should refuse to do so because once you have done so, you will have waived your right to seek further compensation for your suffering, which is not a decision that you can go back on. This is particularly true because the true extent of the damage inflicted by a car accident can take some time to show up, with a prime example being how some people will suffer from post-traumatic stress disorder whereas other people will not. As a result, you want to wait until you know the full extent of what has happened before you make such an important decision, particularly since you want to consult a number of experts about what you should do as well as what you can expect.

See a Lawyer

For example, you should make sure to seek out a lawyer specializing in car accident claims as soon as possible after you have gotten medical treatment for your injuries. This is because you want to get an expert’s opinion about your chances of success in seeking compensation for your suffering, which should influence your decision to do so or not. For that matter, if you do decide to seek compensation, you will need a car accident attorney’s expertise and experience throughout the legal process, both for your peace of mind and to maximize your chances of success.

Contact Us

Want to know more about what you should and shouldn’t be doing following a car accident? Please contact us at your earliest convenience to speak about your options as well as how you can best pursue them.

A lot of people find themselves asking the question, what can I do if the driver doesn’t have insurance?

We have all made mistakes while driving on the road and sometimes they are less serious, sometimes accidents happen. It’s unfortunate, it’s uncomfortable, and the experience seems to take longer than you’d like. It is important to remember you have options. Firstly, it’s very important you get some information from the other driver. Get their name, their phone number, and exchange insurance. Even though in America it is mandatory to have auto insurance, you might still come across someone who does not. In 2012, 12.6 percent of motorists, or about one in eight drivers, are uninsured, according to a study done in 2014 by The Insurance Research Council (IRC). So in this event, you will still want to get their name and number, and their license plate number too. You might not need it, but it is a good thing to have.

uninsured-drivers-arizonaIf you get into a car accident, and the other driver does not have insurance, you will most likely have to turn into your own insurance. You will file a claim against your insurer for uninsured motorists. It might come down to the other driver has some insurance but not enough, so your own insurance can help cover the left over amount. (Saying you do have uninsured motorists) There is under insured and uninsured. Usually bundled together, but covering different areas, Uninsured  is when the other driver is at fault and this will cover you when they do not have insurance. Under insured kicks in when they do have insurance but not enough to sustain and cover your costs.

If You Don’t Have Uninsured Motorist Coverage

 If you do not have uninsured motorists to help cover costs, you do have the option of filing a lawsuit against the other driver. There are a few breakdowns to this. Different states look at accidents and insurance differently. They have been divided and classified at either fault or no fault states. What this means is that no fault states system is intended to lower the cost of auto insurance, as it is mandatory to have across America. They are able to lower the costs by taking small claims out of court. Meaning this takes away your right to sue. Currently the states that fall within this are; 1. Florida 2. Michigan 3. New Jersey 4. New York 5. Pennsylvania 6. Hawaii 7. Kansas 8. Kentucky 9. Massachusetts 10. Minnesota 11. North Dakota 12. Utah Three of these are considered “choice” states, in which you are able to continue filing a suit. Know your state and what they require.

Another important step to take is that you have pictures of the accident. If you have an accident in the middle of the road, before you move your car, take pictures. Take multiple, of your damages, their damages, and where the cars are, as well as the surroundings. This is especially crucial if you need to file a lawsuit. At the court preceding, it will be determined who is at fault for the accident. It’s a good idea to hire a lawyer who can assist in these matters. Someone is knows the system, is familiar and experienced that can speak on your behalf. There is a lot to know, and often times insurance companies can be unpleasant to work with. Trying to handle it yourself might mean you receive less back then what you are entitled. Without knowing all what goes into it, this happens more and more frequently. Let a lawyer help you and work tirelessly for you. You can focus on getting better, and they will focus on getting you everything you are owed.