It is a well-known fact that insurance companies are more interested in cutting costs than paying for your claim. If you have been injured in a car accident and your claim was denied by your insurance or by the other party’s insurance, there might still be ways you can overturn the denial and get the compensation you need.
Which Reasons Will Insurance Companies Give for Denying Your Claim?
The first common tactic insurance companies will use to justify a claim denial is to say that you were also at fault for the accident, even though you were the one who sustained the injuries. In Virginia, the pure contributory negligence rule makes an accident victim ineligible to receive any compensation if they were also responsible for the accident – even if the victim’s actions contributed as little as 1% of the blame. The other party must be 100% responsible in order for the plaintiff to receive a payment.
Another common justification is that you failed to provide enough information on your injuries, or that you took too long before seeking medical treatment. For that reason, it is important to seek medical treatment right away, even if you are not feeling pain, and provide documentation such as medical records and exam results that show the severity and extent of your injuries. These are fundamental evidence to show the insurance company that you did in fact get seriously hurt and that your injuries are due to the accident – and not to a separate event that may have happened days later.
Why Does Timing Matter?
If you waited too long to file a claim, the insurance company may also reject it. While the statute of limitations for an accident in Virginia is two years, you should not wait that long to notify the insurance company about an auto accident. Once the accident occurs, notify the insurance company immediately – or as soon as you can – and then you can go on to gather the necessary documents to support your claim. While these are common reasons for denial, it is important to remember that insurance companies are not interested in paying out claims and will always attempt to dismiss the claim or pay as little as possible. This may result in instances of rightful claims being denied.
What is Your Best Option for Fighting the Insurance Company?
If you have had a claim denied and believe you still deserve compensation for your injuries, your best option is to seek the help of a personal injury attorney who can advise you on how to deal with the insurance company and on whether you have enough evidence for a personal injury claim. Even if you received an offer for a settlement, consult your attorney – more often than not, insurance companies will immediately try to persuade you to accept a low ball offer that does not cover all the damages resulting from your injury. The Johnson Law Firm, PC offers personalized services and advice for clients injured in an accident in Virginia, and we are ready to help you fight for compensation if your claim has been denied. Contact us for a free consultation.