What to do when the insurance company refuses to pay your car accident claim?

October 23, 2020

What to do when the insurance company refuses to pay your car accident claim?

When your insurance company denies you to payout your insurance claim, the only logical next step is to fight back.

By the time you receive your initial denial, the claim investigator has already gathered sufficient enough evidence to support his denial in court. Of course, the investigator may be open to negotiation but he/she won’t take any further steps until you take action. But once the denial is formalized, most investigators expect the client to just give up.

Don’t get emotional

After the insurance company refuses to pay for your bodily injuries or property damages, the first natural reaction is anger. Even though this is a natural reaction to this type of news, it won’t help you reverse the decision. Denying claims is something that insurance companies do quite often and they are used to emotional reactions and threats about legal action.

The personnel at the insurance company which is responsible for claims tend to avoid such reactions but that still won’t change their decision. Most of them realize that denied clients aren’t serious enough until they start taking legal steps.

Legal strategy is essential

When you don’t find back, insurance companies often take it as a sign of a win. The only way you can reconsider their position is if you provide new fact, evidence and legal theory that will eventually force them to rethink their decision.

Insurance companies are obligated by law, to maintain reserve on their books. But what happens is that the person handling your claim simply closes your file and waits for the statute of limitation to run out. They rely on the fact that the issues can be complicated, the fight can be challenging so some number of clients will rather give up and don’t pursue the issue any further.

But if your car accident caused you severe injuries and someone else is at fault, you shouldn’t back off from a fight. If you received a denial first time around, contact Schenk & Podolsky and let us examine your file and see if there are ways we can help.

Why did you claim got denied?

In order to fight a claim denial, you first need to know what was the main reason the representative denied it. Having some idea as to why it was denied just won’t do. You need clear and precise information, preferably in writing.

Once an insurance claim is denied, the insurance company usually send an explanation letter which outlines the rationale behind the decision. If you didn’t receive your explanation letter or you misplaced it, contact your representative at the insurance company and ask for another copy.

The next step

When you have the letter in hand, take it to a personal injury lawyer who will be able to better understand its content.

Insurance companies might deny your claim for many reasons. Since the issues can often be complicated, and the process too complex to navigate on your own, you will need an experienced personal injury lawyer, who will have your best interest in mind and do whatever he/she can for you to receive the compensation you’re owed.