After suffering the pain and inconvenience of a car accident, there’s nothing more frustrating than your insurance claim being denied. You may think you’ve done everything right, but chances are there’s a flaw in your claim somewhere along the way. Or, even worse, your insurance company refuses to give you the compensation you deserve for an unjust reason. Let’s look into the 3 most common reasons why car accident claims are denied and what you can do about it.
You Waited Too Long
In New York, you must report an accident to your insurance company within 30 days in order to successfully file a claim. Neglect that window, and your chances of receiving compensation are slim to none.
However, despite the 30 day window, the sooner you take action, the better. For this reason, it’s key to get medical attention and start a paper trail immediately after the incident; this way your insurance company can take note of the urgency surrounding the accident and reimburse you accordingly.
Furthermore, if you delay seeing a doctor, the cause of pain is likely to be in question. Your doctor could conclude the pain was preexisting or occurred between the time of the accident and the appointment. The last thing you want is to be accused of insurance fraud, so it’s best to see a doctor right away.
You Were Under the Influence of Drugs or Alcohol
Though this may seem like a no-brainer, it’s actually one of the more common reasons why claims get denied. One scenario may be if you’ve gone out drinking with your friends and had 3 or 4 beers within a couple of hours. You feel okay to drive, but as you’re making your way home you slightly drift outside your lane and hit an oncoming car. When receiving medical attention after the accident, hospital staff finds that you’re just over the legal BAC of 0.08%, eliminating your chance of receiving compensation. Regardless of how minor or serious the injuries are, you can’t expect to be able to file a claim if you are technically disobeying the law, even if the accident had nothing to do with your impairment.
Insufficient Coverage
Though your claim may not be fully denied, you can find yourself paying a heap of the expenses out of your pocket for a couple different reasons.
There were multiple parties involved
If multiple people were seriously injured, the medical costs may exceed the limit of your no-fault insurance and cause a portion of your claim to be denied. In situations like these, your insurance company may request the court to get involved and essentially decide how the funds will be divided.
In the event that the other parties suffered injuries more severe than yours, you may not get any coverage for yourself at all in which case you’ll need an attorney to negotiate the claim in your favor.
The bulk of your funds have already been used
If you already suffered an accident this year, the insurance company may deny your claim due to “insufficient funds” and not give you any compensation at all. However, you should never accept this as they may be withholding some amount of money from you.
You should always request that any funds available be handed over to you, regardless if it’s enough to cover all the expenses.
Seek Legal Advice
Sometimes there is no getting around a denied claim, but it’s always an option to seek legal advice if you feel the adjuster has been unfair. The experts at Morris Law will help you negotiate your claim to ensure you’re receiving maximum compensation and a fair ruling.