What to Do When Your Car Insurance Denies Your Claim?
Have you recently been hurt in a car crash in Ohio? If the other driver was to blame, you could seek compensation for your car accident losses such as property damage, medical expenses, lost income, and pain and suffering by filing a claim against their liability insurance policy. However, there’s a chance that the insurer will dispute liability and deny your claim. The following guide will help you understand what to do if car insurance denies a claim.
Reasons Why Your Car Insurance Claim May Have Been Denied
What happens if car insurance denies your claim? First, it’s essential to understand why the insurer might have denied your claim in the first place. Here are some potential reasons:
- You haven’t provided sufficient evidence showing their policyholder caused the wreck
- You haven’t provided sufficient documentation showing your injuries resulted from the crash
- You filed a claim too late
- Your car insurance policy excludes the type of accident or injuries for which you’re seeking compensation
- The policy has lapsed
- You have exceeded your coverage limits
The insurance company should cite their reason for denying your claim in the denial letter they send to you. If it doesn’t, contact the insurance company for further clarification about your denied car insurance claim.
What Options Are Available After a Car Insurance Claim is Denied?
So, what can you do if the car insurance company denies your claim? You have two primary options:
- Filing an appeal – Insurance companies give claimants the option to appeal denials. The process may vary from one auto insurance company to another, but it generally means asking the insurer to reconsider your claim more carefully, potentially with additional evidence. Ask the insurance company about this option upon receiving your claim denial letter.
- Filing a lawsuit – You may file a lawsuit to pursue compensation in court if the insurance company won’t offer a fair settlement. Although there’s no guarantee a jury will award you this compensation, a lawsuit may be your best option if an insurer refuses to honor a claim, particularly if you’ve already appealed.
Be aware that you can hire a lawyer at any point in the claims process. If you didn’t hire one when you initially filed a claim, you can still seek representation to help you navigate your options after an insurance company denies it.
Dealing with Insurance Bad Faith Practices
Ohio law requires insurance companies to operate in “good faith.” This generally means insurance companies must consciously abide by the terms of their contracts with their clients.
Many car insurance claims are denied based on bad faith. Examples of potential bad faith on the part of an insurance company include:
- Denying a claim without thoroughly investigating the accident
- Denying a claim by misrepresenting the nature of the accident or injuries
- Failing to adequately or honestly explain the reasons for denying a claim
- Dragging out an investigation without a valid reason for doing so
Those are just a few examples. You can file a separate lawsuit against the insurance company if you suspect they denied your claim in bad faith.
Deadline for Appealing a Denied Claim in Ohio
The deadline for appealing a denied claim may vary depending on the appeals process of an individual insurer. If you need to take the insurer to court, Ohio law gives you six years to sue over breach of a written contract.
Don’t delay in investigating this matter. If you miss the deadline, you may jeopardize your rights to compensation.
What if My Car Accident Claim Is Denied More Than Once?
You may have to file a lawsuit if the insurance company denies your claim multiple times. As always, it’s essential to check the appeal process instructions first. You may have other options to continue appealing a denial.
Filing a lawsuit doesn’t necessarily mean your case will go to trial. The insurer might still choose to settle your claim out of court, especially if you have an experienced attorney on your side. If an insurer fears losing at trial, they may be more willing to settle when they realize you’re serious about taking legal action.
How Can an Akron Car Accident Lawyer Help?
An Akron car accident lawyer can help in several ways if an insurance company denies your claim. Some of these methods include:
- Reviewing the reasons for the denial – A car accident lawyer can review a claim denial letter to determine if the insurance company denied your claim for valid reasons. If the insurance company didn’t provide any clear reasons, a lawyer can help you request them from an insurer. If an attorney finds an insurer’s reasons for denying your claim were unjustified, they can demonstrate why.
- Gathering additional evidence of negligence – An insurance company may have denied your claim because you didn’t provide enough evidence showing their policyholder caused your injuries. A lawyer can investigate the collision and gather supporting evidence of negligence to strengthen your claim, such as eyewitness statements or surveillance footage of the crash.
- Explaining your legal options – Every insurance company has its own bureaucratic appeals process, which can make an appeal very confusing for the layperson. A lawyer can simplify your life while you recover from your injuries by explaining your legal options and pursuing them on your behalf. For example, your attorney can explain whether you should continue with an appeal or whether it’s best to seek compensation through a lawsuit. Your lawyer will never force you to take a particular course of action but can effectuate your decision.
Akron personal injury lawyers typically work on a contingency basis. That means you may not have to pay an attorney for their legal services upfront. Instead, their fee will be a percentage of the compensation you receive in a successful verdict or settlement. In other words, your attorney only gets paid if you get paid, too.
Contact Our Akron Car Accident Attorneys for Assistance
In an ideal world, securing compensation after a car accident caused by a negligent driver would be as simple as submitting a claim and depositing a check. However, insurance is a business. If an insurer can save money by denying a claimant, it may do so.
You have options for legal counsel if this happens to you, and an Akron car accident lawyer at Amourgis & Associates, Attorneys at Law, can help you explore them. Learn more by contacting us online or calling us for a free case review.
