If you recently received a denied insurance claim, contact an attorney before doing anything else to protect your rights. Insurance companies are master manipulators and are looking to pay out the least amount possible. luckily, there are steps that you are able to take to get paid. At GSAS, we are dedicated personal injury attorneys with decades of experience in denied insurance claims. We can help make sure you take the correct steps after a denied insurance claim to avoid being taken advantage of.
Why Did My Insurance Deny My Accident Claim?
If you’ve been in an accident and suffered a personal injury you may be disappointed to find that your insurance company won’t pay you the settlement you deserve. Insurance companies are for-profit corporations. They are focused on making the most money possible and are looking to pay out as little as possible, if at all. Many times insurance companies will try to argue the following to not pay your accident claim.
- You Failed to File the Accident Claim in Time: In most states, there is a statute of limitations on filing a personal injury claim for damages caused by negligent or reckless acts. The statute of limitations varies by state but usually ranges from one year to four years after the date of injury. If an insurance company determines that your claim was filed too late, they can argue that it should be dismissed because it is too old or invalid under state law.
- You Could Have Avoided the Accident: Insurance companies will often argue that you could have avoided the accident. The truth is that it is impossible to avoid all accidents, and it isn’t completely your fault that an accident has occurred. You were not at fault for being involved in an accident, and should not be punished by paying out of pocket for any injuries sustained during the incident.
- You Have a Lack of Documentation: Your insurance company will ask for documentation of your injuries after your accident. This can sometimes be difficult to get. It can be hard to remember what happened right after the accident due to shock or trauma. If you don’t have documents such as medical records, police reports, etc., then sometimes insurance companies will try to say that they cannot pay out your claim.
How Do Insurance Companies Determine Accident Fault?
Your insurance company will determine fault within the accident by reviewing your driving record and the driving record of the other driver. The company will then use that information to determine who was at fault for causing the accident.
Kentucky is a no-fault state, which means that each party is given a percentage of fault and paid out according to that percentage. As such, if your insurance company determines you were 100% at fault for an accident, you would then receive zero compensation.
Yet, it takes two to tango and when accidents happen it is rarely the fault of one person. This is why it is important to contact an attorney as soon as possible after your accident. We can help you complete the necessary steps to receive a just settlement.
My Insurance Company Won’t Pay My Accident Claim…What Next?
If you’re looking at a denied insurance claim you still have options. Be sure to ask your insurance company why they denied your claim. And ask them to provide their reasons in writing. Based on these reasons, you may be able to provide extra evidence that their reasons are unfounded and file an appeal to their claim.
During this time, it is important to have an attorney with experience navigating insurance claims by your side. Spivak and Sakellariou’s team of experienced attorneys have your best interests at heart. We cly navigate the tricks and turns of your insurance company. We’ve negotiated hundreds of settlements for our clients and have a proven track record of results and satisfied clients.