Calvin Smith Law - The Injury Lawyers

Insurance: What Happens When They Deny My Claim?

insurance denied

If you get into a motor vehicle accident and the other driver is at fault, their carrier should cover your expenses. It’s not fair that you should be left with the bill if you didn’t cause the crash. The reason you pay your insurance premium every month is in case you get into an accident. The last thing you want to hear is that your claim has been denied. If this happens to you, then you should contact an auto accident lawyer in Albany.

One of the frustrating things about having your insurance claim denied is that you don’t find out for weeks. It’s not as if the insurance adjuster calls you to tell you it’s been denied. They simply send out a letter with a code on it saying that you’re claim is not being paid. You have to look up the code to find out why it was denied in the first place. This makes it even harder for you to appeal your claim. If you’re lucky enough to figure out why it was denied, you’ll still have to figure out how to fix it.

Rather than have this happen, you should call a seasoned Georgia personal injury attorney. They can address the letter of denial with the insurance adjuster directly. They’ll also help you file an appeal. If all else fails, they’ll file a lawsuit on your behalf. Here, we’ll discuss the reasons why your insurance claim may have been denied. We’ll also explain what options you have if this happens to you.

The Larger Your Insurance Claim, the Greater the Odds It Will Be Denied

If your auto insurance claim is small, there’s a good chance your claim will be approved. The insurance companies don’t want to spend more money defending a claim than paying one out. They tend to spend a little more time reviewing the larger claims. This way, when they do deny a claim, it is worth fighting.

The problem with this is that people with serious injuries tend to be the ones with the larger claims. They can’t afford for their claims to be denied. If this happens, you’re not going to be in any position to deal with the insurance company. That’s why you should hire a Georgia personal injury attorney right off the bat. They’ll focus on the legal side of things while you focus on getting better.

Why Would the Insurance Company Deny Your Claim Anyway?

There are a host of reasons why the insurance company would deny your claim. Sometimes, the insurance adjuster chooses to deny a claim for legitimate reasons. Other times, they have ulterior motives. For example, if a claim is rather large, they may think they can settle for a lesser amount down the road. Or they may think you have a history of filing auto claims and they don’t think you were really hurt.

Some of the other reasons why the insurance company would deny your claim include the following:

  • They think you caused the crash
  • They do not believe you were injured
  • The insurance adjuster thinks you are exaggerating your injuries
  • You have a history of filing auto insurance claims
  • The policy was canceled for non-payment
  • The policy had lapsed for some other reason
  • You didn’t file your claim in time
  • You failed to supply certain paperwork or documentation

For the most part, your Georgia personal injury attorney can appeal your claim. However, if the policy wasn’t valid, there’s nothing they can do to help. An insurance company is never going to pay out a claim that was filed against an invalid policy.

Auto accident lawyers in Albany Georgia

Your Auto Accident Lawyer in Albany Can Appeal Your Claim

Nobody wants to hear that their auto insurance claim has been denied. However, the good news is that your lawyer can file an appeal on your behalf. In order to do this, they need to know why it was denied. Then, they’ll need to gather evidence to prove that your claim is indeed valid.

This can take some time. You only have a certain amount of time to appeal your claim. This deadline will be dictated by the specific language in your insurance policy. Your Georgia personal injury attorney will need a copy of your policy as soon as possible.

Ideally, the insurance company will take your appeal seriously and pay your claim. If this doesn’t happen, you’ll have no choice but to file a lawsuit against the other driver and their insurance carrier.

Your Georgia Personal Injury Attorney Will File Suit

Filing a personal injury lawsuit against the other driver is a last resort. If you can resolve the matter without the need for legal action, that will be the best option. However, once the insurance company has denied your appeal, you aren’t left with much choice.

Your attorney will first file a complaint with the local civil court. The defendant will then have a certain amount of time to respond. If they fail to respond, your lawyer will file a motion for default judgment. This is very rare when the other driver is insured. Their insurance company is required to represent them in court. It is unlikely that the insurance company’s legal representative would not answer a complaint for damages.

Once both parties have had a chance to tell their side, a trial date will be set. However, before your case goes to trial, the judge is going to require both parties to attend mediation. This is a chance for the two attorneys to negotiate a settlement of your case. Since more than 95% of all car accident lawsuits do settle, there’s a good chance yours will too.

Contact an Experienced Auto Accident Lawyer in Albany, Georgia

If you’ve been injured in a car accident, you may have a claim for damages. It all depends on the facts of your case. Ideally, the insurance company will pay your claim and you won’t have anything to worry about. However, if your claim is denied, you’ll have no choice but to file an appeal. Ultimately, if this fails, you’ll have to file suit. If this happens, you’re going to want an experienced Georgia personal injury attorney by your side.

All you have to do is call and schedule your free, initial consultation. You can sit down with someone who’s handled plenty of cases like yours before. And, since the consultation is free, you have nothing to lose.

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