5 Reasons Insurance Companies Say “Claim Denied”

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) 328-6998 for a free case review and evaluation.

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John Janis

John has been with the firm since 1990. Like all partners in the firm, John is an AV® Preeminent™ Peer Review Rated Personal Injury Lawyer. . The AV rating is a peer review rating based upon esteem amongst the legal profession. John has had numerous honors bestowed on him by his peers in the legal community, including being selected for membership in respected national organizations, such as The American Board of Trial Advocates (ABOTA). In 2018, John was inducted as a fellow in the American College of Trial Lawyers, a prestigious organization in which membership is limited to no more than 1% of lawyers practicing in their home state. John has also served as President of the Idaho Trial Lawyers Association, and in 2015 was named Plaintiff’s Lawyer of the Year by Best Lawyers in America.

In addition to his trial practice, John is a frequent lecturer on trial skills and civil practice to attorneys in Idaho. He also maintains his commitment to the legal profession through service on various committees such as Committee to Revise the Idaho Civil Jury Instructions and the Idaho Rules of Evidence Committee. Most recently, John was appointed by the Idaho Supreme Court to serve on the Civil Justice Reform Committee.

John graduated with Honors from the University of Idaho School of Law in 1986, where he served as Executive Editor of the Idaho Law Review. He is admitted to practice in Idaho State Courts, the Federal District Court, and the Ninth Circuit Court of Appeals.

His legal acumen, self-effacing style, and presentation skill has resulted in John being a frequent lecturer for other lawyers on topics relating to civil trial practice. He has served the profession in helping revise the Idaho Jury Instructions, the Idaho Rules of Evidence, and the Rules of Civil Procedure through committee appointments from the Idaho Supreme Court. He is a member and past President of the Idaho Trial Lawyers Association, and is admitted to practice before the state courts, the federal district court, and the 9th Circuit Court of Appeals. John has also had substantial appellate experience, and been involved in a significant number of reported appellate decisions.

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