When Claim Denials Strike, Strike Back

23 May 2019 by Marilyn Olson

You might be surprised at the misinformation that persists in the area of car accidents and getting compensated. One of the most damaging is the thought that the insurance companies will take care of you after an accident. It can be infuriating to find out how these companies place delays, roadblocks, and outright denials in your path when you are trying to recover from your injuries. Read on to find out about some common car accident denial issues that you and your attorney may have to fight.

Denied Due to Liability – The word liability also means fault. The insurance company for the other driver may conclude that you either caused the accident or that you played a part in it. If the other side can say that you were partially at fault, it means your compensation could be reduced. Commonly, the allegations you will need to fight against are:

You were speeding at the time of the crash and that contributed to your injuries.
You were breaking a traffic law, such as failing to yield or crossing over the center line.
You could have avoided the accident due to your own actions.

Denied Due to Medical Treatment Issues – You must seek medical care after an accident because no injury means no personal injury case. This is known in legal language as lack of claim. The bulk of your case lies within your injuries, your treatment, the cost of your treatment, and your future needs for treatment. If you fail to see a medical professional or wait too long to do so, it will be a challenge to be adequately compensated.

Bad Faith – Outright denials are bad, but many insurers deploy a more subtle form of deflection. Anyone filing a claim may find themselves subject to the following bad faith actions:

Failing to return phone calls.
Failing to approve claims for medical bills, car repairs, etc.
Promises to take certain actions and then failing to act.
Delays and postponements of actions.

Preexisting Conditions – If the other side can find a previous accident injury or any other type of medical condition, they may try to deny your claim. You should know that having a previous medical issue does not necessarily have to affect your claim, but the insurance carrier will request your medical records if they suspect they have a way out of paying you what you deserve.

When a claim is denied, you should take that as a sign that you need professional legal help to get what you need and deserve from the at-fault driver. The denial issues above are far too common. Speak to a personal injury lawyer about your accident today.

Share

About Me

Hi, I'm Vern Piffile. Welcome to my website about workers compensation cases. When I worked in a manufacturing plant, I saw many of my coworkers end up injured from unsafe practices or policies. I always thought my focus on safety would keep me from falling injured on the job. Unfortunately, I fell from some unstable scaffolding and severely injured my leg. I spent a long time in the hospital and rehab center trying to recover from my injuries. During that time, my employer fought to avoid paying workers compensation for the accident. I hired a lawyer and received help obtaining the compensation I deserved. I want to help others navigating their workers compensation case from application to distribution of funds by updating this site with pertinent information. Please come by often to learn all you can.