What To Do If Your Car Accident Claim Is Denied

insurance adjuster and clients
Madeleine Jones
February 18, 2021

You might have done everything right after your car accident: you reported it to the police, and you filed a claim with the other driver’s insurance company. However, you later find out your accident claim is denied. You might think that this is the end of it all and you might end up accepting the denial. But, it is important to know that most insurance claims are rejected at the beginning. This means that you, as a victim, can still be eligible to recover compensation for your injuries by fighting this denial.

An experienced Las Vegas car accident attorney from Cogburn Law can help you through this process and explain why your car accident claim is denied and work on an appeal. Contact us to learn more about all your legal options in an initial free consultation.

insurance claim adjuster

Reasons Why Insurance Companies Deny Car Accident Claims

Insurance companies stay alive by making sure that the amount they bring in premiums is way more than the amount they pay out in claims. This is why insurance adjusters are actually encouraged to deny claims as much as they can. They think that people won’t appeal to claim denials so they look for anything they can find to deny the claim. The most common reasons why adjusters deny claims are the following:

The Accident Was Not Reported Or It Was Preventable

The insurance adjuster will deny the claim if your accident could have been avoided or if there are claims that your actions helped cause the accident. In addition, if you didn’t immediately report the accident to the police or make a claim, they may doubt the veracity of the claim.

You Waited Too Long To Get Medical Care

After being in a car accident you don’t really know the full extent of your injuries. Adrenaline might take over and cover up the symptoms of an injury. If you wait to get medical treatment for your injuries, an insurance company will likely deny your claim. The insurance adjuster may claim that your injury is pre-existing or that your current condition only got worse because of the delayed medical care.

Getting medical treatment right after a car accident is important to make sure the adjuster doesn’t deny your claim on this basis. If you got medical treatment right after your car accident and you can prove it, your case will be stronger.

Your Damages Exceed Policy Limits

In some cases, your car accident claim may be denied because your damages exceed the insurance company’s policy limits. Every insurance company details in their contracts the coverage of damages up to a certain limit. If your damages exceed their limits, the insurance company can only pay you up to the limits. An attorney can review your contract and see if there is any other coverage that can help get you additional compensation. They can also see if there were other parties involved that caused your accident.

The Car Driver Is Not Listed On Policy

In other cases, car accident claims are denied because the driver responsible for the accident wasn’t listed on the insurance policy. They may be excluded from any coverage. An experienced car accident attorney can help to review the contract that applies to your specific case and see whether your accident can be covered under the insurance policy.

Driving Negligently or Illegally

If you were driving in a way that violated Nevada law, or in a way that could be deemed reckless, your claim can be denied. These are some examples:

  • Drinking and driving
  • Texting while driving
  • Driving without a driver’s license
  • Driving without car insurance

How To Fight A Claims Dispute

If you think your claim was wrongly denied, your next step is to contact an experienced accident attorney. They can go over your legal options, such as filing a complaint against the insurance company if they acted in bad faith.

There are three ways to fight a claims dispute:

#1 Write a Letter To Your Insurance Company

In the back of your insurance card, there should be a denial notice. You can write a letter to appeal a claim denial. It is necessary to provide the insurance adjuster proof to support your dispute of their denial. Also, you want to include as much as you can. Pictures of the accident, of your injuries, medical records, doctor’s notes, police reports, etc. 

Insurance companies are required to reach a decision on your appeal within strict deadlines after they get it:

  • 60 days for any medical treatment you’ve gotten
  • 30 days for any medical treatment you haven’t gotten yet
  • 72 hours if the appeal is for urgent care

#2 Filing a Bad Faith Insurance Claim Against an Insurance Company

If you feel like the insurance company is acting in bad faith or is bullying you, breaching the contract, or violating the state’s insurance code, there may be an option. You need the help of an experienced car accident lawyer to determine what bad faith is and what type of legal action can be pursued.

#3 Filing a Lawsuit Against The Other Party

If your car accident claim is denied, you may be able to still file a lawsuit against another party involved in the accident if they were responsible. Speak to your lawyer to see if this is an option for your case.

In the majority of cases, you won’t have to go all the way to trial. Usually, once an attorney is involved, they can build your case and negotiate for you without having to go to court. But if it’s necessary, the court will be the final step.

In relation to this subject, it is important to realize that even your own insurance adjuster is not on your side. Unknowingly admitting fault to your own insurance company is one of the leading causes of claims getting thrown out. Learn more about the things you should never say to an insurance claims adjuster.

Car Accident Attorneys In Las Vegas

When your car accident claim is denied, it is important to have a lawyer on your side. An experienced personal injury attorney from Cogburn Law can handle the negotiations with the insurance company for you. Cogburn Law attorneys work on a contingency fee basis and you only pay when we win. Call us for a free consultation today at (702) 748-7777

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I wanted to wait until my case ended before writing this review. I can’t speak highly enough of the people at Cogburn Law. I unfortunately was in an accident involving another car last September while on vacation. I didn’t really know what to do but I found their listing online. Jamie and Alex talked me through the entire process and looked after all of my medical worries while they fought the insurance company. Never for one moment was I worried that they wouldn’t be successful with my case. I had access to them whenever I had questions and I never felt like I was being a nuisance. It took a few months but I finally got a settlement that has allowed me to move on with my life. Thanks guys, I’m thrilled that you were the ones that looked after me!

Ned W.