It can be frustrating and discouraging when insurance denies your car accident claim. However, it is essential to remember to remain calm and level-headed. Car insurance companies routinely deny claims to avoid paying out. This blog discusses the steps to take following a denied car accident claim. Remember, every situation is unique, and every action might not apply to you. If you need help proceeding, contact our car accident lawyers at Hartley Law. We can help.
What to Do When My Car Accident Claim Is Denied by Insurance?
Receiving a denial from the insurance company can feel like a sucker punch. Your mind might begin to race with worry. Don’t panic. Here are six steps to take following a denial.
Review the Denial Letter
First, you want to review the denial letter. No matter the reason for the denial, you should receive a written copy providing a detailed explanation of why your claim was denied. Understanding the reason for the denial will help guide your next steps.
There are many potential reasons for a denied insurance claim in Texas. Common causes can include:
- A lapse in coverage,
- No collision coverage,
- No coverage,
- The accident was avoidable,
- Injuries are related to a pre-existing condition,
- Untimely filing of the claim,
- The claimant was at fault and caused the accident,
- There are no documented injuries or damages,
- Medical records do not support the injuries claimed,
- Errors on the claim documents, and
- The claim amount exceeds the maximum amount of coverage.
Dealing with insurance companies can be frustrating and complicated. There are many strict requirements for pursuing a claim. We can assist you with reviewing your claim, denial, and steps for moving forward.
Review Your Policy and Coverage
At the same time, you should also review your policy for details regarding your coverage. It is possible the insurance company made the denial in error. Reviewing your coverage can help determine whether the denial has any merit.
If you believe the insurance company wrongly denied your claim, you must collect evidence to support your position. Evidence can include:
- Photos and video from the accident scene,
- Accident and police report,
- Any traffic violations issued to the other driver,
- Eyewitness statements, and
- Surveillance or other video.
You will also want to gather proof of your injuries. This can include more photos, videos, and copies of your medical reports and records.
Turn to the Texas Department of Insurance
The Texas Department of Insurance (TDI) provides resources and guidance that can assist you with resolving your dispute. You can visit their website for guidelines and tips or contact them by phone if you have specific questions.
File an Appeal
You can submit a formal appeal if you receive a denial notice after submitting your claim. Typically, this is done in writing to the insurance company and details why you believe the denial was improper. You should include as much supporting evidence as you can. While the overall appeal process is generally similar among insurance companies, you should check with the specific insurer for their procedure for submitting an appeal.
Consult an Auto Accident Attorney
Dealing with insurance companies can be complex and exhausting, especially if you are forced to consider filing an appeal. It is best to consult an experienced attorney to help you navigate the process, advocate, negotiate, and pursue legal remedies, including a civil lawsuit, if necessary. Depending on the circumstances, you may not want to file a lawsuit, and that’s okay. After filing an appeal, you might be able to negotiate a fair settlement with the insurance company successfully. If the parties can agree, there is no need to pursue any further action. Suppose the accident only resulted in property damage to your car but no injuries. In that case, you may be able to seek the diminished value from the insurance company and avoid a lawsuit.
Hartley Law: Texas Car Accident Lawyers
At Hartley Law, we are a client-centered firm. We put our clients above all else and strive to see their claims through to success. If you were recently injured in a car accident and thought filing a claim was your way to compensation but were met with a denial, we can assist you. We are fearless in taking on insurance companies to ensure our clients receive the justice and compensation they deserve. Contact us today.