Calvin Smith Law - The Injury Lawyers

Will a History of Filing Insurance Claims Hurt Your Car Accident Case?

Denied car accident claim

Every now and then, our Macon lawyers meet with somebody who doesn’t believe they have the right to file a car accident claim. They are afraid that the insurance company will see that they have filed claims in the past and issue a denial.

While this may be true, it does not mean that your Macon car accident attorney won’t still fight to get you the compensation you deserve.

Why Would Insurance Deny Your Car Accident Claim?

You may wonder why an insurance adjuster would choose to deny your claim as opposed to the other claims they receive. Sometimes a claim is denied because it’s very large. The insurance company knows that they can settle for much less if they deny the initial claim.

Some of the other reasons why your claim may be denied include the following:

  • The insurance company doesn’t believe you were seriously injured in the crash.
  • The insurance adjuster believes you were the one who caused the accident.
  • The defendant’s policy was either invalid or canceled for nonpayment.
  • You did not go to the hospital immediately after the crash.
  • The police report makes it appear as if you were the one responsible for the accident.
  • You were under the influence of drugs or alcohol at the time of the crash.
  • You have a history of filing insurance claims.

Your claim could be denied for any of these reasons. The important thing is talking to a Macon car accident lawyer and having them deal with the insurance company on your behalf.

Your Macon Car Accident Lawyer Will Find Out Why Your Claim Was Denied

Once you retain your Macon accident attorney, they will reach out to the insurance carrier and ask for a copy of your denial letter. Your lawyer has a right to know why your insurance claim was denied.

Usually, once the insurance adjuster realizes that you hired a Mason car accident lawyer, they may be more willing to discuss payment of your claim. They know they won’t be able to take advantage of you and may not want to spend thousands of dollars fighting the claim in court.

A Macon accident attorney meeting a car crash victim

The Insurance Adjuster Will Look to See if You’ve Filed Accident Claims Before

When the insurance company first receives your claim, they will do a short investigation. Of course, they will want to see a copy of the police report and see what notes are contained there.

They will also want to speak with both drivers and get their version of events. Not surprisingly, their goal is to pay as few claims as possible. It won’t take much for them to believe their client’s version of what happened.

However, while all this is true, one of the biggest red flags is a claimant who has a history of filing auto insurance claims. Insurance companies lose billions of dollars every year in fraudulent car accident claims.

If an insurance adjuster sees that you have a history of filing claims, they may think that you make a habit of filing claims just to get money. This will make them think that your current claim is not legitimate.

What Can You Do If Insurance Denies Your Accident Claim?

It may not seem fair that the insurance company can deny your claim for no other reason than your past history of filing insurance claims. Like it or not, they do have the right to do this.

What you need to do is retain a seasoned Macon accident attorney who will go to battle with the insurance company on your behalf. Our lawyers have many years of experience dealing with insurance adjusters. They will do their best to negotiate payment of your claim.

If need be, your car accident lawyer will simply file suit against the other driver. Legally, the insurance company is required to defend the other driver in the lawsuit. What will end up happening is your lawyer will try to negotiate a settlement with the insurance company.

Since neither party really wants to go to trial, there is a good chance your case will settle out of court.

Talk to a Macon Accident Attorney Before You Talk to the Insurance Company

If you or your loved one were recently injured in a car accident, you may be entitled to compensation. Even if you have a history of filing insurance claims, that’s no reason for you to walk away without the compensation you deserve.

You can bet the insurance company will have a team of lawyers in their corner. You do not want to be at a disadvantage. Contact a Macon accident attorney who has handled hundreds of cases just like yours.

The Law Office of W. Calvin Smith, II, P.C. offers all new clients a free, initial consultation. All you have to do is contact our office.

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