You might hear “claim denied” from an insurance company for a number of, sometimes questionable, reasons. After a collision, most people want to get the insurance claim processed and without headaches. The just want to move on with their lives. Insurance company denial complicate things.
Issues Regarding Liability
One of the reasons insurance companies deny claims or delay them are Issues related to legal liability. If you’re filing a claim against another driver’s policy, the company might claim that your actions somehow contributed to the auto accident. Idaho is a comparative fault state. Because they can assert comparative fault, one insurance company tactic is to claim both drivers are responsible for the collision. This is an effort at limiting what damages they must pay. It can also result in trouble getting your claim approved.
Lack Of Immediate Medical Care Can Lead to a Claim Denied
Among the most important things you can do after any car wreck is to seek immediate treatment for your injuries. Minor symptoms like a headache or dizziness can become more serious once the adrenaline rush from the accident wears off. It’s easy for an insurance company to argue an injury was caused by something other than the auto accident if you fail to seek immediate medical attention. You will also need medical records to document your injury in order to have your claim processed. Make sure you report all symptoms so your records are accurate.
Arguments About Preexisting Conditions
Unfortunately, people who already have medical issues sometimes have trouble getting their accident claims approved. This happens because there is difficulty in apportioning the injury problems among old issues and the wreck. It is at time difficult to determine what problems are related to the accident and what problems were caused by something else. For example, you have a history of back pain and your car accident has caused additional back problems. In that situation insurance companies often dispute the extent that your current condition was caused by the motor vehicle accident. It can lead to a claim denied moment.
Bad Faith Denials
When your claim is denied by your own company, there can be a bad faith denial. If its the other driver’s insurance they are allowed under Idaho law to get away with delaying your claim. Under your MedPay coverage or you Underinsured or Uninsured motorists coverage, your own company cannot get away with the same behavior. Idaho law imposes time limits on them. And You should be given an opportunity to revise and fix any problems. If you’re not given a chance to fix the claim, the company may be acting in bad faith. This means that it is not living up to its obligation to resolve your case under the terms of the insurance policy agreement. When you suspect a bad faith denial, enlisting the services of an experienced personal injury attorney to advocate for your interests is a must.
Failure Of Documentation Can Lead To Claim Denied
There are some basics needed for every claim. Like proof you were in a collision. That is why we always say call the authorities. If you leave a scene without getting the necessary information, a denied claim is likely. Get police and medical responders to the scene. They will get lots of the information needed. Get the basics done early and you protect yourself later.
Hire a Personal Injury Attorney
If you are having difficulty getting your insurance claim approved after a vehicle accident, consider seeking the assistance of a qualified personal injury attorney. The attorneys at Hepworth Holzer are experienced in resolving claims through litigation and settlement for both passengers and drivers. We have a team of attorneys that are dedicated to helping individuals and families receive the compensation they deserve. Please give us a call today at (208) 343-7510 for a free case review and evaluation.