Being involved in a car accident is stressful enough without having to deal with insurance companies that deny or undervalue your claim. When that happens, paying the medical bills and vehicle repairs on time can be difficult if not impossible. When insurance disputes arise, knowing how to respond appropriately can make a significant difference in the outcome of your case.
What Should I Do Immediately After an Accident?
Documentation lays the foundation for a strong insurance claim, so collect as much evidence as possible at the accident scene. Take photographs of all vehicles involved, capturing the damage from multiple angles. Document the entire accident location, including road conditions, traffic signs, and weather conditions. Obtain contact information from all parties involved and any witnesses present. If police respond to the scene, request a copy of the official report.
Medical documentation is also equally important. Be sure to seek medical attention promptly, even if your injuries appear minor. Some injuries manifest days after an accident, and delayed medical care can give insurance companies reason to question the connection between your injuries and the accident.
How Do Insurance Companies Evaluate Claims?
Insurance companies assess claims based on the police report, medical records, property damage estimates, witness statements, and any additional evidence provided. Their primary goal is to minimize their financial liability, which may lead them to offer settlements below what you deserve. Adjusters often use software programs to calculate settlement offers. These programs apply predetermined formulas that do not always account for your specific circumstances or the long-term effects of injuries. Understanding this helps explain why initial offers are frequently lower than expected.
What Are Common Reasons for Claim Denials?
Insurance companies deny claims for various reasons.
They may allege policy violations, such as unpaid premiums or unauthorized drivers operating the vehicle. Disputes about fault are common, especially in states where partial fault reduces compensation. Carriers sometimes claim pre-existing conditions caused your injuries rather than the accident.
Procedural issues can also lead to denials. Missing deadlines for reporting accidents or submitting claims gives insurers grounds for denial. Inconsistencies in statements or documentation might raise suspicion of fraudulent activity, resulting in claim rejection.
How Can I Appeal a Denied Claim?
Review your denial letter carefully to understand the specific reason for rejection. Then, request a complete copy of your claim file from the insurance company to identify any missing or incorrect information. Submit a formal written appeal that addresses each reason for denial with supporting evidence.
If internal appeals fail, consider filing a complaint with your state insurance department. This regulatory body oversees insurance practices and can sometimes intervene in disputes. Mediation represents another option before proceeding to litigation, providing a neutral third party to facilitate resolution.
When Should I Consider Legal Representation?
Consider consulting a lawyer when dealing with serious injuries, significant property damage, or when the insurance company seemingly acts in bad faith. A lawyer brings valuable knowledge of insurance law and claim valuation, which most individuals lack. Legal representation often results in higher settlements, even after lawyer fees. Insurance companies typically take claims more seriously when legal counsel becomes involved. Lawyers handle all communications and negotiations, reducing your stress and preventing mistakes that could compromise your claim.
Our West Chester Car Accident Lawyers at Eckell Sparks Can Help You Get the Settlement That You Deserve
If you find yourself struggling with an insurance dispute after a car accident, contact our West Chester car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. We have extensive experience helping clients pursue fair compensation for their injuries and losses. For an initial consultation, submit our online form or call our Media and West Chester, Pennsylvania, offices at 610-565-3701. We proudly serve clients in Delaware County, Chester County, and Montgomery County.