When you’re injured negligently or intentionally by another party, you deserve to seek fair compensation. Depending on the specifics of your case, you may begin your journey to compensation by filing an insurance claim. However, you want to ensure your claim is handled properly to ensure your rights are protected.
Unfortunately, sometimes, claims are denied. Therefore, it’s critical to understand how claims work and avoid potential issues that could result in a claim denial. Additionally, you should seek qualified assistance from a personal injury attorney, as this gives you the best opportunity to avoid a denial.
Understanding Personal Injury Claims
When you suffer an injury in an accident or incident, you may have the right to take legal action. Personal injury law allows injured victims to hold the responsible party accountable for their wrongdoing and pursue financial recovery to cover related expenses and losses.
Several situations may create grounds for personal injury claims, including:
- Vehicular collisions, including car and truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Premises liability accidents, including slip and falls
- Dog bites
- Construction accidents
In many cases, you can file an insurance claim to seek compensation. For example, after a car accident, you may file a third-party collision claim with the other party’s auto insurer; in a premises liability claim, you might file a claim with the party’s homeowners insurance. Your options depend on the circumstances.
When you’re able to settle with the insurance company, a claim is all you need to obtain just monetary recovery. Nonetheless, in some cases, when the insurance company refuses to settle, you may need to proceed with filing a personal injury lawsuit in court.
A skilled personal injury attorney can help you understand your rights and options as an injured victim. They can also assist you in navigating your case and fighting for a favorable result.
Why Do Insurance Companies Deny Claims?
Before filing an insurance claim, it’s particularly helpful to understand how insurance companies work.
Once you file your claim, the insurance company assigns an adjuster to investigate your claim. During their investigation, they look at all available information concerning your accident and injuries. Then, based on their findings, they’ll determine how much they believe your claim to be worth, if anything at all.
Throughout their investigation, insurance companies look out for anything they can use to minimize their liability or deny your claim altogether. It’s not uncommon to face difficulties when dealing with the insurance company or to eventually receive a denial letter.
Some of the common reasons insurers deny claims include the following:
The Claim Was Not Filed in Time
When you intend to seek financial recovery from the insurance company, it’s essential to act quickly. While many insurance companies don’t have a specific date by which you need to file your claim, many insurers require you to file within a “reasonable” time after the accident.
The problem with not having a specific definition of reasonable is not knowing exactly how long you have to file your claim. If you don’t file your claim right away, the insurance company may use this as an excuse to deny your claim.
Lack of Evidence
The insurance company wants proof of their insured’s fault and evidence showing the injuries you sustained from their wrongdoing. When the insurance company lacks evidence, they will quickly use this as an excuse to deny your claim, stating their insured is not at fault.
Bad Faith Practices
Sometimes, a claim denial simply comes down to bad faith practices on the insurance company’s part. The insurance company may deny your claim without a proper investigation or valid reason. Some insurers don’t believe in playing by the rules.
Ways to Avoid an Insurance Claim Denial After Suffering Injuries
Before and during your personal injury claim, it’s critical to take certain steps to help avoid a claim denial. Keep in mind how insurance companies work, and do everything necessary on your behalf to support your claim and increase your chances of getting your claim approved.
Seek Medical Attention Right Away
Get proper medical care as soon as possible after your accident. Whether you believe you’ve suffered injuries or not, you should not hesitate to visit an emergency room or urgent care. A medical provider can conduct a thorough physical examination and testing to determine the extent of your injuries.
Having strong medical documentation and proof of treatment makes it harder for insurance companies to deny your claim.
Gather Pertinent Evidence
Begin collecting evidence of your accident and injuries right away. Evidence can include photos and videos, medical bills and records, and surveillance footage. You can also gather additional evidence as it becomes available, like police reports.
File Your Claim as Soon as Possible
Following your accident, file your insurance claim right away. The sooner you file your claim, the quicker the insurance company can begin working. Also, when you file your claim without delay, the insurer can’t claim you waited too long.
Hire a Personal Injury Attorney
One of the absolute best things you can do for your personal injury claim is to hire an attorney. A personal injury lawyer has the experience, skills, and resources to efficiently handle your claim.
Additionally, when you have a lawyer on your side, the insurance company is less likely to mess with you or your claim. A personal injury attorney can protect your rights and help ensure the insurance company does not frivolously deny your claim.
It may be tempting to file your insurance claim yourself, but doing so could have detrimental consequences. A personal injury lawyer can aid you in reaching an advantageous outcome.
Don’t Do Anything Without Consulting Your Lawyer
There are certain things you should do after an accident, but there are also some things you should avoid doing. Once you hire your personal injury attorney, you shouldn’t make any significant moves without consulting them first.
Throughout the claim process, you want to avoid doing anything that could result in a denial. For example, the insurance company may contact you asking for a recorded statement to give them your side of the story. It’s best not to agree to this without first discussing it with your lawyer, as the insurer may try to use your words against you.
Your lawyer is your ally. Rely on them for any information and guidance you may need throughout your personal injury claim.
Schedule a Consultation With a Personal Injury Attorney Right Away
If you’ve suffered injuries at the hands of another, don’t wait to take action. Seek legal assistance from a qualified personal injury lawyer at Schiff & Associates in Columbus, Ohio.
Our legal team can represent your best interests to help you reach a beneficial outcome. Contact our firm today to get started.