Bart Durham Personal Injury News & Blog

How to Fight a Denied Car Insurance Claim

Written by Bart Durham Injury Law | Apr 18, 2023 11:08:10 PM

No one ever wants to be involved in a car accident, but when it does happen, you hope that your insurance claim will be approved and you'll be able to recoup your losses.

Unfortunately, this isn't always the case. Insurance companies sometimes deny claims, leaving drivers in a difficult situation. Let’s break down what you should do if your car insurance claim is denied. 

Understand Why Your Claim Was Denied

Before you can successfully fight a denied car insurance claim, you need to understand why your claim was denied in the first place. Here are some common reasons:

Lack of coverage for the specific incident

Your insurance policy might not cover the specific type of accident or damage that occurred. For example, suppose you only have liability coverage and your car is damaged in a collision with a tree. In that case, your insurance company may deny your claim because collision coverage is required for this type of incident.

Late filing of the claim

Most insurance policies have strict deadlines for filing claims. If you fail to report the accident and file a claim within the specified time frame, your insurance company may deny your claim. For example, your policy might require you to file a claim within 30 days of the accident, but if you wait 45 days, your claim could be denied.

Insufficient documentation

Your insurance company needs adequate documentation to process your claim. It's important to submit photos of the accident scene, repair estimates, and medical records, or your claim may be denied due to insufficient documentation.

Policy exclusion

Insurance policies often have specific exclusions that outline situations in which coverage will not be provided. For instance, your policy may exclude coverage for accidents that occur while using your vehicle for commercial purposes. If you were making a delivery for your job at the time of the accident, your claim could be denied.

Failure to quickly notify the insurance company

Insurance policies typically require you to notify the insurance company of an accident as soon as possible. If you fail to do so, your claim may be denied.

Underinsured At-Fault Driver

Your claim might be denied in some cases because the at-fault driver's insurance policy doesn't provide enough coverage to compensate you for your damages. In this situation, you should:

  • Contact your own insurance company to see if you have uninsured or underinsured motorist coverage.
  • If available, file a claim with your insurer under your uninsured/underinsured motorist coverage.
  • If your policy doesn't provide enough coverage, you may need to take legal action against the at-fault driver to recover your losses.

Uninsured and underinsured motorist coverage

Uninsured and underinsured motorist coverage is an optional insurance policy you can purchase to protect yourself in case you're involved in an accident with a driver who doesn't have enough insurance to cover your damages. This type of coverage can be a lifesaver in these situations.

Resolving a Claims Dispute

Once you understand why your claim was denied, you can take steps to resolve the dispute with your insurance company. Here are some actions you can take:

Communicate with your insurance company

Reach out to your insurance company and ask for a detailed explanation of the denial. This will help you understand their perspective and give you an opportunity to present any additional information that may not have been considered.

Provide additional information

If the insurance company requests more documentation or evidence, gather it and submit it promptly. That might include medical records, repair estimates, or witness statements.

Consider mediation

If you cannot agree with your insurance company, consider engaging in mediation. This process is less formal than going to court and can help you reach a resolution more quickly.

Hire Bart Durham Injury Law 

Don't let a denied claim stop you from pursuing the justice you deserve; take action and hire a professional to assist you in your fight.

If you're struggling to navigate the complicated process of fighting a denied insurance claim, consider hiring a car accident lawyer at Bart Durham Injury Law. Our client-oriented firm can help you understand your rights and work tirelessly to ensure you receive the compensation you deserve.