Posted on behalf of Anderson Cummings on Apr 15, 2020 in Auto Accidents
Car accidents can sometimes leave injury victims with mounting medical expenses along with physical and psychological damages that could last a lifetime. Having your car accident claim denied can be discouraging and many victims may choose to give up on pursuing compensation they may eligible for.
Although many claims are often denied for a multitude of reasons, having a dependable attorney could be beneficial. The Fort Worth car accident attorneys at Anderson & Cummings are available to hear the details of your claim in a complimentary consultation.
Below, we explain how you might be able to pursue compensation to cover medical costs and lost income from missing work, even after your claim was denied by the insurance company.
Bad Faith Tactics Insurers May Use
Since insurance companies need to save money to stay profitable, some adjusters may try to deploy what is known as “bad faith tactics” to devalue and even deny your car accident claim. Some ways insurers may try to use these tactics include:
- Ignoring your demand letter
- Wrongfully denying your claim
- Devaluing your claim without reason
- Wrongfully terminating your insurance policy
- Delaying payment on your claim with no reasonable explanation
If you have experienced any of the above “bad faith tactics” used by insurance companies, having a licensed car accident lawyer review your claim is highly recommended. When an insurance company learns that you have hired legal representation, they realize that they need to stop using these tactics by responding promptly and adhering to state and federal insurance laws.
Steps to Take if Your Claim Was Denied
If your insurance claim was denied, it is important that you hire a lawyer to protect your rights and help strengthen the validity of your claim. He or she will investigate to learn why your claim was denied and help you file an appeal.
This is an opportunity for you and your lawyer to look for additional evidence or possible witnesses to help build a robust claim. Your lawyer should have access to industry expert witnesses that can further examine your injury and how it was sustained. This could be an asset to the outcome of your claim.
Remember to continue attending medical appointments for any injuries you may have endured and save all documentation along with other costs such as lost wages from missing work and property damage.
Avoid communicating with the insurance company and let your lawyer speak for you. Most insurers are looking for ways to get you to say something that could hurt the validity and value of your claim.
Reasons Why Your Claim Was Denied
Since insurance companies will look for any minor misstep to avoid paying the full amount of your claim, it is important to learn the exact reason for denial. Your lawyer can help you understand why your claim was denied or devalued and how to rectify the situation, provided your claim has merit.
Some of the more common reasons why claims may be denied or devalued, include:
- Lack of evidence – You did not provide substantial evidence to prove the severity of your injury or other damages.
- You filed too late – You did not file your claim within the statute of limitations. Most claims in Texas must be filed within two years, however, this period could be different, depending on your situation.
- Your damages exceed the insurance policy limits – If your total damages are higher than the policy limits, you may have to look at other options such as underinsured and uninsured coverage.
- You drove under the influence – If you were found have been driving under the influence of drugs or alcohol at the time of the accident, your claim could be barred by the court.
- You made false or misleading statements – It is important to be honest about the details of your claim. Insurers will try to keep track of your statements and hold them against you if you provide conflicting accounts of the accident and your injury.
What if I Share Some Fault for the Accident?
There are many other reasons insurance companies may try to use to deny claims, however, sometimes you could still qualify for compensation, even if you share some fault for the accident.
Texas’ modified comparative fault law states the court is allowed to hold each party liable for their percentage of fault in an accident. Compensation is reduced, depending on your percentage of fault.
For instance, if you were eligible for $100,000 in compensation but found to be 20 percent at fault, you can only recover $80,000. However, if you are found to be more than 50 percent at fault, you would be denied compensation.
Consult With a Legal Professional
If you were denied compensation or received a lowball offer for your car accident claim, contact a trusted attorney at Anderson & Cummings today. We offer free claim evaluations and there is no obligation to hire us. We do not charge any fees unless we can recover funds for your claim.
We are available to take your call anytime, 24/7. (817) 920-9000.