What to Do When the Other Driver’s Insurance Company Denies Your Claim
Posted in Car Insurance Claims on January 29, 2023
Reports indicate that there are approximately six million crashes every year in the United States. Millions of people are injured or killed in these crashes, so many insurance claims and lawsuits are filed at any given time.
In the simplest scenario, the victim will make a third-party claim against the at-fault driver’s liability insurance. The expectation is always that the other driver’s insurance company will process and approve the claim. Unfortunately, many insurance claims don’t get approved.
Filing a Claim with the Other Driver’s Insurance Company
Filing a claim with the other driver’s insurance company can be a daunting and confusing process. Fortunately, there are a few simple steps to follow to ensure the process goes as smoothly as possible.
Step 1: Contact the other driver’s insurance company
The first step is to contact the other driver’s insurance company and inform them of the accident. Do this over the phone or online and provide as much information as possible. This includes the date, time, and location of the accident, as well as any other details that may be relevant.
Step 2: Gather evidence
Next, gather all of the necessary evidence to support your claim. This includes photos, witness statements, and any other evidence that may be relevant. It’s also essential to keep all medical records and any repair bills in case the other driver’s insurance company requests them.
Step 3: Submit your claim
Step 4: Wait for a response
After submitting your claim, wait for a response from the other driver’s insurance company. This can take some time, so it’s important to remain patient and stay in contact with the insurance company. Once the claim is processed, the insurance company will likely reply with the results.
What to Do If Your Claim Is Denied
If you’ve been involved in a car accident and your claim to the other driver’s insurance company has been denied, it can be a frustrating and even intimidating experience. Fortunately, there are steps that you can take to ensure that you’re fairly compensated for your damages, which include:
- Understand the reason for denial
It’s important to understand why your claim was denied. The insurance company may have determined that the other driver was not at fault or that the damages were not as extensive as you reported.
In either case, you will need to provide additional evidence to prove your case. It’s also important to remember that insurance companies are in business to make money, so they may deny a claim in order to save money.
- Appeal the decision
Once you understand the reason for the denial, you can take steps to appeal the decision. You can start by reviewing the policy and making sure that you understand the terms. You can then contact the insurance company and explain your case in detail. Be sure to explain your evidence and why you believe they should approve your claim.
- Hire an attorney
If you’re still not satisfied with the result, you can contact an attorney. An attorney can review the policy and advise you on how you should proceed. They may also be able to negotiate a settlement with the insurance company or take the case to court if necessary.
The Appeals Process for Denied Claims
Dealing with a denied insurance claim can be a difficult and frustrating situation. However, if you follow these steps, you can get the coverage you deserve.
- Request an explanation of the denial
Many insurance companies will deny a claim without giving an explanation. Requesting an explanation is the first step in the appeals process.
- Gather any and all evidence that supports your claim
This could include pictures of the accident, medical records, police reports, or any other documents that can help prove your case.
- Submit an appeal
You can submit an appeal in writing or through an online portal. Be sure to provide the evidence you have gathered to support your case. After submitting your appeal, make sure to follow up with the insurance company to ensure it has been received.
- Participate in a hearing
If the insurance company denies your appeal, you may be able to participate in a hearing. During the hearing, you can present your evidence and explain why your claim should be approved.
- Seek legal advice
If the insurance company still denies your appeal, be sure to seek legal advice. An attorney can guide you on the best course of action to take.
Working with an Attorney to Get the Compensation You Deserve
When you have been in a car accident, it’s important to seek the help of an experienced personal injury attorney. There are several reasons why you should work with an attorney after a car accident, including the following:
- Legal advice
Filing a claim after an accident is often a complex process, and it can be difficult to navigate alone. A personal injury attorney can provide valuable legal advice and help you understand the complicated legal process.
For instance, they can help you understand the statutes and limitations that apply to your case. They can advise you on how to handle the insurance company’s tactics and help you build a strong case.
- Assistance with paperwork
In the aftermath of a car accident, you’ll be dealing with a lot of paperwork. This includes gathering information about the other driver and insurance companies, filing a police report, and submitting medical documentation. An attorney can help you sort through the paperwork and ensure all the required forms are filled out correctly.
- Filing your claim
This is important, as filing a claim after the statute of limitations has expired can result in a denial of the claim. A personal injury attorney can help you understand these important deadlines and ensure you file your claim promptly.
- Negotiation with insurance companies
Insurance companies are in the business of making money, not paying out claims. If you’re unfamiliar with how the system works, insurance companies can easily take advantage of your naivety and give you less than you deserve. An attorney can negotiate on your behalf and ensure you get the compensation you deserve.
- Representation in court
If you’re unable to reach a settlement with the other driver’s insurance company, you may need to go to court. In this case, having an experienced attorney on your side is key. They can help you present your case in the best possible light and increase your chances of winning.
The process of filing a claim after an accident can be complex, so it’s best to be aware of the steps involved and to be prepared for the possible challenges that could arise. By working with a personal injury attorney after a car accident, you can be sure your rights are being protected and that you’re getting the compensation you deserve. Contact the firm today at (504) 500-5000 or at our website to schedule an appointment.