Posted on behalf of Arnold Law Firm on September 14, 2021 in Auto Accident. Updated on February 24, 2022
Having your insurance claim denied after suffering an injury can be very distressing, especially as your medical and car repair bills pile up. While insurance companies have the right to deny claims, they must provide a valid excuse when they do. The problem is that insurers sometimes use any excuse to try to deny a claim knowing that most injury victims are not aware of their right to fight for compensation.
This is when getting into contact with our auto accident lawyers in Sacramento may be in your best interest. Our attorneys have decades of experience helping injury victims maximize their compensation. The consultation to discuss your claim is free and there are no upfront fees for our services.
Below, we discuss some of the most common excuses insurers use to deny claims.
One of the first things the insurance company will likely do when you file a claim is try to deny their insured driver is the one responsible for the accident. Instead, they will likely try to point the finger at you to try to avoid liability.
While fault for some accidents is relatively clear, determining fault for some crashes can be complicated, such as those that occur when merging or when visibility on the roadway is low. It is important to note that a proper investigation of the crash must be conducted before the insurance company can deny your claim.
Simply placing the blame on you before investigating is not a valid excuse and our attorneys are prepared to help you recover evidence to try to prove the other driver may be at fault. Evidence that may help prove fault may include:
The insurance company may also try to downplay the assertion you were ever injured. They may claim the crash was minor and there is no way you could have been injured from such a low-impact crash.
However, serious injuries can happen in minor accidents. Minor injuries may still require multiple visits to a doctor or physical therapist, which may cause you to miss work and lose wages. If another driver may be at fault, you may be able to recover compensation for medical expenses and lost wages.
Our attorneys are prepared to help you prove you suffered an injury in the accident. Sometimes it may be necessary to bring in a medical expert in addition to your medical records. Some of the medical records that may be used to validate a claim include:
When the insurance company’s attempts to prove you were not injured in the crash are unsuccessful, they may claim you were already injured before the crash or have a preexisting condition that made you more prone to injury in a car crash.
Having a pre-existing injury or condition may make recovering the necessary compensation more complex, but it does not necessarily invalidate your case. If you had were injured prior to the accident or had a preexisting condition, you probably have detailed medical records showing how far along you were in your recovery or how your preexisting condition affected your physical health. Your treating doctors would likely be able to document how the recent accident affected your old injuries and how your new injuries may have been made worse due to your condition.
The insurance company is likely to wage a difficult legal battle in court to attack your credibility before a jury, but our attorneys are prepared to help fight for your best interests.
Another common excuse used by insurers to deny a claim is by saying the injury victim waited too long to file it. While insurers have a right to set a deadline for filing claims, that timeline cannot be unreasonable.
It is important to file a claim as soon as possible. However, you may want to get help from an attorney to help protect the value of your claim.
If you were injured in an accident caused by another driver’s negligence, but the insurance company is refusing to pay for your damages, you should strongly consider speaking to a licensed attorney.
At the Arnold Law Firm, our lawyers have decades of experience handling claims on behalf of our clients to help maximize their compensation, even when the insurance company attempts to deny their liability.
We offer a free consultation and charge you nothing unless we successfully recover compensation for you.
Call us today at (916) 777-7777.
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