Why are Car Accident Claims Denied?December 11, 2019
Even though it seems like proper procedures have been followed when submitting a car accident claim, insurance companies still reject them. When this happens, victims can be left without compensation for their injuries and property damages. These denials are not uncommon, and there are reasons why companies turn these claims down.
Refusing Medical Attention
Oftentimes, car accident victims refuse to seek medical attention at the scene or postpone it. Not all injuries present themselves immediately and can worsen with time, so attending to them right away is imperative. Having medical records to support that the injuries were a direct result of the crash is the best form of documentation. Otherwise, an insurer might argue that the injuries happened afterward or that the victim was trying to exaggerate their condition.
Lack of Evidence
When crashes occur, one or both parties might hesitate to contact authorities. This can be a mistake, since insurance companies may become involved if one party decides to contact them afterward. It is a good idea to contact the police and request an accident report after they appear at the scene.
Some states do not require a report unless there are injuries or significant property damage. Regardless, obtaining evidence at the scene can help a case. Speaking to witnesses, taking pictures of the crash scene, exchanging driver’s license and insurance information, and getting pictures of the car’s plates can help.
Other reasons insurance companies deny claims include if they believe that it was avoidable, if a driver says the wrong thing to the company, or if there are issues with the policy. In some cases, companies avoid paying simply to increase their profit.
Appealing Denied Claims
When accident victims wish to dispute a denial, they are within their right to do so. It is important to read the insurance policy to understand how to follow an appeal. The next step is to put it in writing by contacting the insurer, explaining the mistake, and offering documentation.
If this does not provide satisfactory results, an appeal can be made to the State Insurance Commissioner; another choice is to file a suit against the insurance company. In the meantime, if they send a premium refund check, it should not be cashed since this can show that the claim denial was accepted.
In Pennsylvania, motorists that have no-fault insurance usually must file claims under their personal injury protection (PIP) coverage to be compensated for damages and medical bills. Pennsylvania also has a statute of limitations for starting lawsuits, and this applies to personal injury cases. If the claimant does not bring a suit within two years, it is likely that their case will be dismissed.
West Chester Car Accident Lawyers at the Law Office of Deborah M. Truscello Help Victims Fight Car Accident Claim Denials
If you need experienced legal guidance with a claim denial, contact the West Chester car accident lawyers at the Law Office of Deborah M. Truscello today. Complete our online form or call us at 610-892-4940 for a free consultation. Located in Media, Pennsylvania, we help clients throughout Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester.