4 Common Reasons Insurance Companies Use to Deny Car Crash Claims
After a traumatic car accident, victims would rather focus on their physical, emotional, and mental health than fighting for legal compensation. Most people believe they will make an insurance claim and receive the compensation they deserve within a few weeks. Unfortunately, that is not always the case. However sympathetic an insurance company might seem, they are in the business of saving money. They do this by keeping claims payouts as low as possible, or, in some cases, denying legitimate claims altogether.
If the insurance company denied your claim after a car crash in Virginia, don’t give up. Depending on your circumstances, you still may be entitled to compensation. Keep reading to learn four common strategies insurance companies use to justify unfair claims denials.
The Insurance Company Is Waiting for You to Give Up
Insurance companies frequently avoid paying out claims by delaying them. They know that car accident victims with catastrophic injuries can’t always endure the stress of a lengthy insurance battle. As your list of unpaid bills grows, you may be more willing to accept an unfairly low settlement offer or decide to give up.
If you wait too long, you may also run into other challenges. For example, you may miss the deadline for filing your lawsuit, called the statute of limitations. Once this deadline expires, you typically lose your right to compensation.
Without an experienced lawyer on your side, getting a fair settlement from your insurance company becomes much more challenging, especially when you are also dealing with the physical and emotional wounds resulting from a serious car wreck. You should seek knowledgeable and experienced representation immediately following an accident. The longer you wait, the more difficult your position becomes.
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Your Insurance Coverage Was Misleading
Unclear details and jargon can get prevent victims from filing a successful insurance claim. While policies might seem clear at the time of purchase, failing to review and understand the specific aspects of these documents can lead to major problems following a serious car accident. Seemingly inconsequential details, such as listing the wrong policy number, inadvertently purchasing inadequate coverage, or failing to update your policy after a major life event, can result in a denied claim.
If you’re unsure about the terms of your policy, consult with a reputable Virginia car accident lawyer who can help clear up any confusion and explain your legal options.
The Insurance Adjuster Claims You Are Not Badly Injured
When insurance claims adjusters calculate the value of your claim, they rely on evidence that explains your accident and injuries, including medical records, police reports, and medical bills.
One of the most common tactics adjusters use to deny claims is to look for delays in your medical treatment. If you waited any length of time to seek treatment for your injuries, the adjuster might deny your claim by asserting you were not hurt badly enough at the time of the crash to visit medical professionals. The adjuster may also imply that you are now exaggerating your injuries to get a bigger settlement.
Adjusters will also look for inconsistencies in your records. If you give your doctors, the police, and the insurance company different versions of your story, the adjuster may try to attack your credibility.
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They Claim You Are at Fault
Any debate over liability can result in a denied claim. Even the smallest degree of uncertainty or confusion about who caused the accident or the extent of your damages can lead to denial.
Virginia’s contributory negligence law further complicates the matter. This law states that if a victim is even 1% responsible for the accident that caused their injuries, they cannot receive compensation. Insurance companies try to take advantage of this rule by blaming innocent victims for the crash.
For example, if you were going five miles per hour over the speed limit when you were struck by a drunk driver, the insurance company may argue that you were partially at-fault for the accident.
Having an experienced personal injury lawyer on your side is crucial if your insurance claim is denied due to contributory negligence. A lawyer can help identify the real causes of your crash and pinpoint exactly who was to blame.
Contact Phelan Petty If Your Car Crash Insurance Claim Has Been Denied
If you suffered a traumatic car accident and the insurance company denied your claim, you may be eligible for compensation. At Phelan Petty, we are experienced, dedicated lawyers who refuse to back down when it comes to fighting for your rights.
We do what it takes to make sure victims receive fair settlement from their insurance companies, and use sophisticated litigation strategies to advance our clients’ interests. Please contact us to schedule your free consultation today by calling 804-980-7100 or completing this brief form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.