After being involved in a car accident, drivers generally file a claim with their own insurance provider, the other driver’s insurance provider, or both. Auto insurance, while expensive, is necessary and beneficial in case of an accident or emergency. But what should you do if the insurance company denies your accident claim? Reach out to an experienced San Mateo County, California car accident lawyer for more information and legal advice.
What Kind of Claim Can I File?
After being involved in a car accident you can file a first-party claim, third-party claim, or both.
First-party claim: A first-party claim is a claim you file against your own insurance policy. You probably pay for liability coverage, uninsured motorist coverage, collision coverage, etc. When you are involved in an accident you can file a claim through your company for reimbursement.
Third-party claim: A third-party claim is one that is filed against another driver’s insurance provider. When another driver is responsible for causing your accident, injuries, and damage, you can file a claim for compensation through the policy that they pay for.
Why Would the Insurance Company Deny My Car Accident Claim?
Your insurance company or the other driver’s could choose to deny your claim for a variety of reasons. Consider the following circumstances in which your claim may be denied.
- Lack of evidence: You may not have provided sufficient evidence that shows the damage and injuries resulting from the crash, or enough evidence to prove that the other driver was responsible.
- Policy exclusions: Some policies have exclusions built into the contract that may prevent certain types of accidents or injuries from being covered.
- Reasonable doubt: Some insurance companies may believe that your injuries and vehicle damage were preexisting or resulted from another unrelated incident.
- Policy has lapsed: If your policy lapsed or the other driver’s policy lapsed from failing to pay, the insurance companies could claim that there was no coverage at the time of the accident.
- Late report: Insurance policies generally have rules regarding how long an individual has to file a claim to be covered. If you report the accident too late you could be rejected.
- Exceeded coverage: If the claim exceeds the limits of the individual’s coverage part or all of it may be denied.
What Are My Options Moving Forward?
Your options depend on the reasons that your claim was denied. The actual actions you should take will vary but consider the following when deciding what to do after your claim is denied.
- Submit additional evidence
- File an appeal
- Hire a lawyer
If you can obtain additional evidence like a copy of the police report, photos, videos, witness testimony, medical bills, repair quotes, etc. it may help an insurance company understand the impact the accident had on you and reevaluate their denial.
It is also worth looking into filing an appeal for a second chance at compensation. During this process, it is important to be adequately prepared and represented. Work with an injury lawyer who will help you navigate the process and negotiate a fair settlement.
