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Can a Car Crash Lawyer Help You Overturn an Insurance Denial?

December 20, 2023
Car Crash Lawyer

Car accidents are frustrating events and when the insurance company denies those claims, it only makes it worse. After a car accident, you might have costly medical bills and lost wages.  You may still be experiencing pain and anxiety from the wreck as well. Sometimes, the at-fault driver’s insurance will compensate you for your losses; however, far too often there are instances in which the insurance company denies your claim. 

Don’t worry; you’re not out of options. Work with a car accident lawyer at Fadduol, Cluff, Hardy & Conaway, P.C. to understand your options for overturning a denied insurance claim. When the insurance company doesn’t cooperate, an experienced attorney will help you pursue other avenues of compensation. 

Determine Why Your Claim Was Denied

First, you must know the reason for your claim denial. Sometimes, insurance companies have valid reasons for denying claims. In other cases, they use bad-faith tactics to prevent you from collecting compensation. 

Reasons you may face a claim denial include: 

  • You brought the claim  too late: Each insurance company and state has a statute of limitations for car accident cases. Filing past this date will result in a denial.
  • Insurance company claims you made false or misleading statements: When you make false or inconsistent claims, the insurance company won’t approve your claim.
  • You didn’t have sufficient evidence: If you don’t provide enough evidence of your accident and injuries, the insurance company may deny your claim.  
  • Insurance company alleges that you were at fault: Many times the insurance company will look for any reason to deny the claim, even trying to blame you when you did nothing wrong. It’s important that you get a knowledgeable lawyer who is willing to stand up to the insurance company.  
  • Insurance company claims the at-fault driver has no insurance: Sometimes the insurance company claims that the at-fault driver failed to pay premiums or that the car was being operated by an excluded driver. Many times those denials are based upon faulty information or are just wrong.  

These all have the potential to be valid reasons for a claim denial; however, there is also a possibility the insurance company denied your claim in bad faith. They may do this by: 

  • Ignoring your demand letter
  • Wrongfully terminating an insurance policy or claiming a driver is excluded
  • Denying or devaluing your claim without fair reason

Contact a Car Accident Lawyer

If the insurance company denies your claim, the first thing to do is contact a car accident lawyer. A car accident attorney has the experience and negotiation skills to appeal a denial. If the insurance company still doesn’t cooperate, your car accident lawyer will help you understand your next steps.

Whose Fault Was It? Determine Car Crash Liability

Whether negotiating with insurance companies or filing a lawsuit, you must prove the at-fault driver’s liability for the accident. To prove liability, you must argue the driver was negligent. Negligence includes four components:

  • The driver owed you a duty of care
  • The driver breached that duty 
  • Their breach of duty led to the accident
  • The accident caused your injuries 

If the other driver wasn’t liable, the car manufacturer might be. This is true when cars have mechanical failures that cause accidents. 

Calculate Your Damages

To make a claim or file a lawsuit, you must know what to ask for. Calculating damages can be a complex process, especially regarding non-economic damages. 

Economic damages include tangible losses. These are losses you can calculate easily, such as medical bills, lost wages, or property damage. 

Non-economic damages account for pain, emotional suffering, and other intangible losses. Many times it is the most valuable aspect of any claim.   While it may appear difficult to place a value on intangible losses, our experienced car accident attorneys  can help you maximize your claims . 

File a Personal Injury Lawsuit

When the insurance company denies your claim or doesn’t give you the settlement offer you want, you can pursue more compensation through a personal injury lawsuit. Through this process, a car accident lawyer will help you file a lawsuit against the liable party. 

Was Your Insurance Claim Denied? Contact Experienced Car Accident Attorneys at Fadduol, Cluff, Hardy & Conaway, P.C.

Car accidents come with many obstacles, and fighting insurance companies alone shouldn’t be one of them. A car accident lawyer at Fadduol, Cluff, Hardy & Conaway, P.C. can help. With over 30 years of experience, our law firm strives to hold insurance companies responsible. 

Contact us today at (800) 433-2408 for a free consultation.