Hassle, run-around, denials. If you or a loved one has been injured in an accident, it’s easy to assume you can file an insurance claim and receive compensation for your expenses and losses due to the accident. It’s just a matter of gathering the receipts and documentation and filing a claim, right? Unfortunately, no, it’s not always so easy to receive fair compensation for an accident, which leaves many victims wondering why is the insurance company refusing to settle?
No-Fault Car Insurance Claims
In no-fault car insurance states like New Jersey and New York, after an accident, victims first seek compensation through their own personal injury protection (PIP) insurance. Many people mistakenly assume that since it’s their own insurance company, it will be easy to file a claim and receive reimbursement and fair compensation. Sadly, this is not always the case. Insurance companies may use a variety of tactics to deny or devalue your claim including:
Waiting too long to file a claim. Many insurance companies require their policyholders to file a claim within certain time limits. It’s important to meet these timeframes, even if you are still recovering from your injuries. Your best option is to speak to an attorney as soon as possible after an accident to help you through the process, protect your right and advocate for your best interests.
Denying coverage. Insurance companies may claim that your policy does not cover certain expenses or types of damages. They may also claim that your injuries are due to a pre-existing condition, thus aren’t covered by your car insurance policy. If your insurance company denies coverage, contact an attorney for help.
Lack of records. It’s important to keep good records after a car accident. Make sure to keep all medical bills, a log of your appointments and other evidence that supports your injury claim. Failing to do so may allow an insurance company to deny your claim, due to a lack of records and receipts. Keep in mind, you’ll need to prove your financial losses, even when dealing with your own insurance company.
Third Party and At-Fault Claims
In many personal injury claims, the injured victim files a claim or lawsuit against the at-fault party. For example, in a slip and fall accident at a grocery store, the injured victim would file a suit against the property or business owner. On car accident claims, you may be able to file a claim against the at-fault driver if your own PIP insurance does not cover the full cost of your damages.
Insurance companies may refuse to settle a claim for the same reasons as a no-fault claim, in addition to the following scenarios
Not Enough Evidence. The more evidence you have to prove both the other person’s liability and the extent of your injuries, the better chance you have at a successful, maximum claim. Evidence can come in the form of photographs of the scene, witness statements, video of the scene, police reports and expert testimony. It’s in your best interest to collect evidence as soon as you’re able. A quality, experienced personal injury lawyer will also be able to build evidence to bolster your case and prove your claim.
Insurance coverage limits. If the at-fault party does not have a high enough limit to cover the full extent of your damages, the insurance company may deny your claim. This can happen in accidents involving multiple parties where many people may have been injured.
Using Evidence Against You. Don’t be fooled into thinking that you must give a statement to the insurance company as soon as possible after an accident or that you must sign a blanket medical record waiver. Don’t let evidence you provide be used against you. Discuss your case with a personal injury lawyer before giving a recorded statement or falling prey to other insurance company denial tactics.
What to Do If The Insurance Company Is Denying Your Claim
When you or a loved one has been injured in an accident, your entire focus revolves around recovery and getting back on your feet. If the insurance company is refusing to settle your claim, contact our experienced personal injury attorneys for a free legal review of your case.
When you hire a personal injury attorney from our team at Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.
Without a legal claim, the insurance company can offer you a lowball offer that barely covers any of your needs and may even refuse to cover some of the damages. You may be left having to pay for the costs of your injuries on your own. Contact us today and let us turn your setback into a comeback.