Being involved in a car accident is stressful enough. Having your insurance claim denied just puts salt on the wound. Fortunately, the claim denial isn’t necessarily the end of the road. You may still have options. While we recommend talking with an attorney when you’re filing the initial claim, it’s not too late to talk with one after receiving a denial. An experienced car accident attorney can walk you through all of your options and advise you on the best course of action.
Why Do Insurance Companies Deny Car Accident Claims?
The best course of action following an insurance claim denial may depend on why the claim was denied in the first place. Some common reasons for an insurance company to deny a claim include:
- Lapsed coverage
- Policy exclusions
- Late reporting
- Insufficient evidence
- Disputes over fault or damages
Because Florida is a no-fault state, Personal Injury Protection (PIP) coverage is designed to provide compensation regardless of who caused the accident. However, if you live in a state like Georgia, which is not a no-fault state for car accidents, you would need to prove that the other driver was at fault for their insurance policy to cover the accident. If the other driver’s insurance denied the claim, the appeals process may be very similar to if it’s your own insurance company.
What To Do if Insurance Denies Your Claim
The first step after your insurance claim is denied is to talk to an attorney. A car accident attorney who is experienced in taking on insurance companies that don’t pay what they should can help you understand why your claim was denied in the first place and help you through the appeals process, which can involve the following:
Review the Denial Letter
The insurance company is required to provide a written explanation of why your claim was denied. Carefully review the letter to understand their reasoning. Look for any errors or inconsistencies, such as incorrect dates, coverage details, or accident information. If there was something wrong with your claim, such as insufficie
Contact Your Insurance Company
Sometimes, a claim may be denied due to missing information or a simple error. If this is the case, providing that missing information could be all that’s needed. Be careful about talking to anyone from your insurance company, however, as they may use anything you say against you. In particular, be careful not to admit any kind of fault.
Gather Documentation
An attorney can help gather additional information and evidence to prove your case. This evidence can range from police reports (note that a police report can’t be used as evidence that you were at fault for the accident), photos, camera footage, medical records, repair bills, witness statements, and more. If your claim was denied due to insufficient evidence, this could help to overturn that denial.
Appeal the Denial
If your claim was denied unfairly, you have the right to appeal. This process may differ depending on your state and your insurance company, so make sure to follow the proper appeal procedures. You can ask your attorney for assistance with this. Most likely, you’ll need to submit the appeal in writing and include any new evidence that has been uncovered.
What To Do if the Appeal Is Denied
If your appeal is denied, that still may not be the end. Sometimes, a lawsuit is necessary to hold insurance companies accountable. If that becomes necessary, your attorney will let you know and guide you through the process of suing your insurance company for denying the claim.
File a Complaint
If you believe your insurer is acting in bad faith or not handling your claim properly, you can file a complaint with the Florida Department of Financial Services (DFS). The DFS regulates insurance companies and can help mediate disputes between policyholders and insurers. In Georgia, you can file a complaint about bad faith insurance claims with the Consumer Services Division.
Farah & Farah Is Here for Car Accident Victims
If you’ve been in a car accident, Farah & Farah is here for you. We’re on the side of those who experiencing one of the most difficult times of their lives and will fight for you against the insurance company that denied your claim. We’ll do what it takes, whether that’s helping you appeal the denied claim or filing a lawsuit on your behalf. Contact us today for a free consultation.
