When someone else ruins your day by wrecking your car, it’s more than a little inconvenient. It’s downright obnoxious when it’s a minor car accident, but it’s life-changing when it’s a major accident in which you suffer injuries. Hopefully the accident in which you were involved was minor and caused very little damage and no injuries, but that’s not always the case. The only thing that makes it worse is when you find out your claim is denied after going through insurance. The accident was clearly caused by someone else, the police report even states it, and now they’re saying they aren’t responsible? What do you do when the other driver and his or her insurance company decide to deny their responsibility for your accident?
Q: What happened if the claim is denied?
A: Before you panic, ask why the claim was denied. The insurance company is bound by law to provide you with a reason for the denial, and it’s going to fall into one of several categories.
- Disputed liability
- Policy exclusions
- Lapsed policy
- Failure to notify
Disputed liability means the other drive decided to tell the company they didn’t cause the accident. They are denying they had anything to do with the cause of the accident, or they might be saying they aren’t the responsible party for your injuries or the damage your vehicle or property suffered. This is the reason you’ll get when both the other driver and insurance company decide to deny they owe you anything.
The other three common reasons are entirely different, and they are not caused by denial. The other policy might have exclusions that prevent the company from covering your vehicle, the other driver allowed their policy to lapse and is no longer covered, or the policyholder failed to notify the insurance company of the accident and they’ve yet to investigate the claim.
Q: Why should I Appeal the Denial?
A: Now that you know the other driver decided to deny any wrongdoing, it’s time to appeal the decision to deny your insurance claim. There is an appeals process offered by all insurance companies, but it can be lengthy and time-consuming. It requires filling out substantial forms, paperwork, and making numerous phone calls. It’s often confusing and stressful for the victim of the accident, and it’s not uncommon for you to become so confused by this you do not fill it out correctly and the appeal is also denied.
Q: Who should I contact?
A: An attorney can help if your claim is denied because the at-fault driver decides to deny liability. Our attorneys work cases like this all the time, and we’ve seen everything when it comes to handling at-fault drivers. Our job is to help you prove the other driver caused the accident so we can approach their insurance company. We use the police report, accident photos, evidence, witness statements, and even a reenactment of the scene to prove fault.
If we need to work on the appeal process because you waited to call for an attorney, we also do that. Our attorneys are well-versed in the law and able to file appeals paperwork quickly and efficiently in addition to providing the evidence needed to support the appeal.
If an appeal is denied, we can move forward with a lawsuit. The at-fault driver is responsible for paying for your damages whether it’s just your car repair and rental fee or your medical bills associated with the accident. Once you meet with us for the first time, we go over your case to determine the best course of action. We work with our clients to make things happen, and we strive to provide the best service possible to all accident victims in need of compensation.
It’s possible we can go after the other insurance company for bad faith if they do not handle the paperwork for your claim accordingly. You might be the victim of this accident, but you are not a victim in any other capacity. Call our office today to speak to an attorney about your legal rights when another driver caused an accident and decided to deny their responsibility when the insurance claim was filed.