The last thing you’re going to want to hear after your crash is that your car insurance claim has been denied. If the accident wasn’t your fault, you shouldn’t be left holding the bag. A lot of people don’t realize how expensive a car accident can be. Not only do you have to pay to get your car fixed. You’ll also need to pay for things like medical bills, prescriptions and hospital bills. This doesn’t even include the money you might lose if you have to miss work. The defendant should have to cover these expenses. And the best way for this to happen is for their insurance to pay.
There are all sorts of reasons why your insurance claim could be denied. If the other driver’s policy isn’t valid, there’s nothing you can do to get your claim paid. No insurance company is going to pay a claim on an invalid policy. If they did, they’d go out of business in no time. The same is true if someone’s policy has been cancelled for non-payment. When someone doesn’t pay their premiums, their policy will lapse or be cancelled. This means that any claims received after the policy lapsed will be denied. There’s nothing your Macon car accident attorney can do to help in this situation.
But there are times when you can appeal your car insurance claim. The best way to do this is to have your attorney handle it for you. They’re familiar with how the insurance companies work. They’ll work hard to negotiate a payment of your claim.
Will Your Car Insurance Claim Appeal Be Successful?
If your attorney files an appeal on your behalf, there’s a chance it could be approved. It really depends on why it was denied in the first place. Some of the more common reasons your claim may be denied include:
- The policy wasn’t valid or lapsed for non-payment
- They don’t believe you were actually hurt
- They feel that you caused the crash
- They think their odds of winning in court are good
- You have a poor driving record
- You have a history of filing insurance claims
if your claim is denied for any of these reasons, your lawyer can file an appeal. The only exception is for an invalid policy. As we mentioned above, no insurance company will pay out on an invalid policy. Whether or not your claim is approved depends on the evidence available to your attorney.
What if You Were Partially at Fault?
In Georgia, if you’re partially at fault for your accident, you can still recover damages. As long as you’re less than 50% responsible for your injuries, there’s a good chance that you’ll win your case. In Georgia, they follow something called the comparative fault rule. Under this rule, you can still recover if you’re less than 50% at fault. However, your claim will be reduced by your percentage of fault. For example, if you’re found to be 30% at fault, your claim will be reduced by 30%. So if you’re damages are $250,000, they would be reduced by $75,000. Your Macon personal injury attorney understands this. That’s why they’ll work hard to settle your case instead of going to trial. As long as you get enough money to cover your out of pocket expenses, you will be made whole.
Contact an Experienced Car Accident Lawyer in Macon, Georgia
If your car insurance claim is denied, you have a few options. You can appeal your claim and pray that it is approved. Or, you can file a personal injury lawsuit against the defendant. If you do this, their insurance company is legally required to represent them in the suit. But you don’t really want to do either of these things on your own. Not only is the court system complicated, but if you make one small mistake, your case can be dismissed. If this happens, you risk having your case dismissed for statutes of limitations purposes.
If you have a skilled attorney handle your case, they’ll ensure that it’s handled right the first time. They’ll help file your appeal and try to convince the insurance adjustor to pay your claim. Once the insurance company learns you have a lawyer, they’ll take you more seriously.
Call today and schedule your free initial consultation. Let an attorney review your case and answer any questions your family has. They’ll let you know what your case may be worth. The consultation is free and you pay nothing until your case is settled.