What Can I Do If My Insurance Claim Is Denied After a Baton Rouge Car Accident?

July 7, 2021 | Motor Vehicle Accidents

Having your car accident claim denied after a car accident that wasn’t your fault can be devastating.

Whether you are making a claim against your own insurance policy or another person’s, such as the at-fault driver’s insurance, there are numerous reasons why your claim might be denied. The good news is that a denial does not always mean that your right to seek compensation has been eliminated.

If you are the victim of a car accident and have had your insurance claim denied, you should consult with a skilled car accident lawyer to help you navigate the appeals process. The personal injury attorneys at Tomeny | Best Injury Lawyers are passionate advocates for our clients and can help you seek the compensation you deserve.

Here is what you can do if your car insurance claim is denied:

Find Out Why Your Claim Was Denied

If insurance denies your claim, the first step is to find out why. Sometimes, denials are total, meaning that the insurance company refuses to pay anything. Denials can also be partial, meaning that the insurance company agrees to compensate you for some damages, but not all.

Your claim could be denied for any number of reasons. Those reasons may differ based on whether you are making a claim with your own personal insurance company or someone else’s. Sometimes those reasons are legitimate, but oftentimes, they’re not.

Some of the common reasons your own personal car insurance might deny a claim include:

  • Your coverage doesn’t cover the type of accident you were in (for instance, if you only purchased liability coverage but not collision coverage).
  • The damage caused by the accident is greater than what your policy allows for.
  • You made an uninsured motorist coverage claim, but the at-fault driver has insurance.
  • Your car is not included on your insurance policy (for instance, if you bought a new car but didn’t tell your insurance company).

Some of the common reasons that someone else’s insurance company might try to deny a claim include:

  • The at-fault person’s insurance company alleges that you are at fault for the accident.
  • There’s a lack of evidence to prove that the other driver was to blame for the accident.
  • If you didn’t seek immediate medical treatment but experienced delayed injuries, the insurance company might try to argue that your injuries didn’t come from the wreck.
  • You have a pre-existing medical condition that the insurance company says is the cause of your injury. The insurance company may try to argue that your injuries weren’t directly caused by the accident.
  • You underwent a procedure or surgery that the insurance company deems inessential. The insurance company might try to argue that didn’t absolutely need the procedure.

While some reasons for a car accident claim denial are valid, many are not. Remember, insurance companies are for-profit entities, and they will use every tool in their arsenal to reduce or deny your claim, including coming up with unfair excuses not to compensate you.

If you believe that your claim was wrongly denied, then you should speak to an experienced car accident lawyer. The unfortunate reality is that if you want a fair payout, you have to fight for it. Working with a skilled and experienced attorney to negotiate a fair settlement can be crucial to getting the compensation you deserve.

Gather Evidence

Gathering additional evidence to help support your appeal is essential if car insurance rejected your claim. Consider taking some of the following steps before you file your appeal:

  • Get a letter describing the basis for your denial in writing from the insurance company. You will usually get the denial in writing automatically, but if you don’t, make sure you obtain a copy.
  • Get a copy of the police report. When an accident occurs, police might take down a detailed account of the accident that describes the scene, documents injuries, and includes bystander testimony. Police may make an initial determination of the at-fault party at the scene, which can be used as evidence in your appeal.
  • Medical records. Seeking medical attention right after an accident can greatly benefit your case later on. Collect any and all medical documents that describe your injuries or the procedures you underwent. If you needed physical therapy, include documentation of that too.
  • Photo and video evidence. Photos and videos of the accident, including images you or a bystander took using a smartphone or surveillance footage from nearby buildings, can provide powerful evidence of fault.
  • Eyewitness testimony. Getting the contact information for any witnesses who saw the accident can also help. Bystanders might have an objective view of a car accident and can provide strong evidence of fault that works in your favor. Their testimony may have more weight since they are objective bystanders.

Hiring an attorney to help you gather evidence and put together an appeal can take much of the burden off your shoulders and help to expedite the process.

Appeal Your Denied Insurance Claim

If you are searching for “what to do if the insurance company denied my auto claim,” one essential steps is to file your appeal with the insurance company. Let the insurance company know that you’re serious about your claim and know that you have a right to be compensated for your injuries and losses.

Having an attorney in your corner during the appeals process can be extremely valuable. Not only can a personal injury lawyer help you gather evidence to support your appeal, but a skilled attorney will be best equipped to negotiate a fair settlement with the insurance company, or even take your case to court if necessary.

Talk to a Baton Rouge Car Accident Lawyer

If you believe that the insurance company has wrongly denied all or part of your claim, get in touch with one of our Baton Rouge car accident lawyers at Tomeny | Best Injury Lawyers. Our personal injury lawyers have been fighting for victims of car accidents in the Baton Rouge area for more than three decades. We know how to win a car insurance appeal, and we are ready to put our experience to work for you. Contact us for a free consultation to discuss your case today.

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