In the unfortunate event of a traffic accident, receiving a denial from the car insurance company can be disheartening for your clients, especially after following all the necessary steps to file a claim. However, there are options available to address this situation. Depending on the reasons given by the insurance company, it is possible in the U.S. to pursue an internal appeal or escalate the matter to higher authorities to ensure fair compensation is granted.
There are various reasons an insurance company might reject a claim. While some may be valid, others may not be justified. This is why having a specialized attorney in accidents and injuries is crucial. Our services are designed to help you manage these cases effectively and ensure your clients receive the compensation they deserve.
Steps to assist your clients when the car insurance company won’t pay
- Consult with your specialized attorney: The first and most crucial step is to seek the expertise of a specialized accident attorney. An experienced professional can provide expert guidance and handle the claims process, protecting your clients’ rights and maximizing their chances of obtaining fair compensation.
- Review the policy: It is essential to thoroughly examine your clients’ insurance policies, paying close attention to exclusions to determine if their claim is valid. Understanding the details of coverage is crucial to addressing the reasons behind the denial.
- Talk to the insurance agent: Contact the insurance agent for a detailed explanation of the denial and explore ways to resolve the issue through an internal review or adjustments to the claim.
- File a formal appeal: If the denial persists, file a formal appeal following the process established by the insurance company. Ensure all requirements and deadlines are met to strengthen the case.
- Gather documentation: Collect all relevant documentation and evidence supporting the claim, including photos of the accident, medical reports, and other pertinent documents. This information is vital for supporting the appeal.
- Document the accident: Capture photos of the vehicles involved, visible injuries, and any environmental factors. Moving vehicles out of the way, if safe, helps prevent further damage and injuries.
- Exchange information: Obtain contact details and insurance information from all parties involved, including witnesses. This will facilitate the claims process.
- Report to the police: A police report can be invaluable for the claim and any future legal actions. The police will document the relevant aspects of the accident, which can be crucial for resolving the case.
- Seek additional information: If possible, gather details about the vehicle that caused the accident, witness information, and recordings from nearby security cameras.
Can you claim against the car insurance company if they won’t pay?
Yes, you can pursue a claim against the car insurance company if you believe the denial is unjustified. The insurance policy is a binding contract requiring both parties to act in good faith and avoid unfair commercial practices. Laws regulating insurance companies vary by state, but generally prohibit insurers from conducting inadequate or delayed investigations, denying claims when liability is clear, failing to pay within a reasonable timeframe, or rejecting claims without proper explanation.
If you have exhausted all possible avenues and the insurance company continues to deny payment, legal action may be necessary. Your specialized attorneys in traffic accidents are crucial, as many can streamline the process and review the contract to provide effective legal advice, ensuring a swift resolution.
It’s also important to be aware of legal deadlines for filing claims. In various states, claimants have up to three years to file a personal injury claim. Failure to act within this period could result in dismissal of the case.
If the insurance company maintains an unreasonable stance after attempting informal resolution, do not sign any documents that may compromise your position. Independent adjusters and mediation can be useful tools, but if the client remains unsatisfied with the resolution, they could consider hiring your specialized attorneys or requesting arbitration from the Department of Insurance in your state for an impartial evaluation of the claim.
When should your clients hire a traffic accident attorney?
Hiring a traffic accident attorney is crucial, especially if you encounter difficulties with the other driver’s car insurance company, whether due to lack of insurance or insufficient coverage. Legal representation can significantly impact the outcome of your client’s claim or lawsuit against a reluctant insurer.
This is particularly true in cases involving serious injuries, which not only involve physical pain but also substantial financial costs due to medical bills and other expenses. A specialized accident attorney has the knowledge and experience to negotiate effectively with insurers, often achieving proper action from them due to the potential of going to trial.
Additionally, if the insurance policy of your clients only covers the minimum required by authorities and the expenses from the accident exceed this limit, you may need to cover the difference yourself. The insurance may also not cover non-material damages such as stress, emotional distress, or lost wages.
In these situations, an attorney can be essential to pursue claims for these additional damages and guide you through the process. Understanding the laws and terms of the policy is fundamental for obtaining fair compensation for your clients. If you want to help more people in this cases, contact us.