Any car accident can put a damper on your day, but dealing with an uncooperative insurance company can make things worse. You likely need to recover medical costs for your injuries, as well as costs to repair your vehicle.
Every state follows specific rules pertaining to fault and who is liable. If the other party is at fault and their insurance company attempts to deny your claim in Connecticut? What can you do? You do have legal options.
There's a number of steps you should follow after a CT car accident. When you don't follow them, an insurance company may use it against you and deny or devalue your claim.
Speaking with an experienced CT car accident lawyer after the crash is important. If you've been denied, it's even more important to let your lawyer handle all talks with the other party's insurance.
Call the team at Brandon J. Broderick, Attorney at Law if you've been in any type of car accident. We can assist you and ensure you're taking the steps to ensure you receive compensation.
Reasons Why An Insurance Company May Deny Your Claim
There are several reasons an insurance company may devalue your claim or deny it altogether. Below are some of the main reasons.
Negligence Of The Policyholder
Your claim for negligence against another party could be rejected by their auto insurance due to many reasons. Some common reasons could be that you were exceeding the speed limit, running a red light, or breaking traffic laws. Connecticut is a fault state, so the insurance company of the at fault party will be responsible for losses. However, the company will do anything they can to pay the least amount possible.
Connecticut follows comparative negligence laws, which allows you to receive compensation for losses in a car accident, even if you are partially at fault. However, you must be less than 50% at fault for the accident to collect compensation. If you are more than 51% responsible, you cannot recover compensation in an accident.
Let's say you were speeding and found to be 10% at fault in your accident and the other party is 90% at fault. In this case, you are entitled to 90% of the total damages awarded.
A jury or court will decide each party's share of the fault. The insurance company will utilize comparative negligence to calculate the amount they will pay when an insurance claim is filed.
You Refused Medical Care After The Accident
In the event that you are hurt in an accident, it's important to seek medical care immediately. If you delay care, the insurance company can investigate any injuries and use your decision to not seek medical attention to reject or undervalue your insurance claim.
You should also get copies of medical records to use as evidence to support your claim. If you delay medical attention because your symptoms didn't show up right after the accident, you could still be able to get compensation for your injuries. Seeking legal help is important to get full compensation.
Missing The Deadline To File
While you may be focused on your health after an accident, it's also important that you file a claim as soon as possible.
Make sure you request copies of medical records and police reports to provide to the insurance company as soon as you can, even if you are unable to contact them due to your injuries.
What Do I Do If The Insurance Company Denies My Claim?
If you decide to challenge a denied insurance claim, you will need to retain the services of a car accident lawyer. Insurance companies are in the business of denying or undervaluing claims to protect their profits. They absolutely take advantage of a party who files a claim without a lawyer. On the other hand, a lawyer's claim will typically be given more weight and the insurance adjuster may take it more seriously.
With a lawyer, you may send a demand letter as an official request for payment, which will detail:
- Your account of the accident
- The total cost of losses
- Why the other party is at fault
Most likely, the insurance provider will give a detailed explanation for their decision to deny the claim, or may completely reverse its decision. Or, the insurer may offer a portion of the damages.
Official Appeal
Your lawyer may have a negotiating position if the insurance company has an official appeals process to follow. In this situation, this could lead to a more favorable settlement.
Consult With Our Car Accident Lawyers
Has an insurance company refused to pay you after a car accident in Connecticut? Hire legal counsel at Brandon J. Broderick, Attorney At Law. Our team of CT car accident lawyers can assist you in appealing their decision and getting you the compensation you deserve.
For a free case evaluation, get in touch with us today. We are ready to help.