Assuming that the insurance company will quickly and easily pay claims is a mistake. Anyone who has been hurt in an accident may already realize that the other guy's insurer has no incentive to cooperate with accident victims. When claims are denied, accident victims are often helped by taking legal action. To help you know when it's time to speak to a personal injury lawyer, read about some common denial issues below.
Preexisting Injuries and Conditions – You might be surprised when you find out that the other side is alleging that your injuries from the wreck were already present. If you have been treated for almost anything, it can be linked to your accident injuries. Be sure to have a personal injury attorney on your side to fight these false allegations.
Failure to Mitigate – After an accident, you must seek medical treatment – no exception. If you don't, you will have no personal injury claim. If you wait too long to seek treatment, the other side may accuse you of failing to take actions that could have made your injuries less serious.
Bad Customer Service – Some insurers hope that claimants will just give up and go away. That way, they don't have to pay the claim. They keep victims frustrated and at arm's length by failing to communicate about important issues, not returning phone calls, denying claims routinely without good cause, and more. Sometimes, a letter from a lawyer gets things going again, though.
Finding Fault – In some cases, the other side may try to show that you and not their client was at fault for the accident. That can result in devastating consequences if allowed because the tables are turned and you are now responsible for the other driver's damages. Another tactic is to claim that you were partially at fault for the accident. That weakens your claim and your money damages are dramatically decreased. Finally, don't allow the other side to claim that you could have avoided the accident if you had been paying attention.
Forcing a Settlement – Along with one or more of the above moves, you may also be coerced into signing an accident release. That means you are told that you won't win a case due to one of the above issues and that you are lucky to be offered anything at all. Beware. Once you sign a release and accept a settlement, you cannot go back and undo it. You are forever stuck with what is likely an inadequate sum of money when you deserve so much more.
Don't let these issues plague your case. When you are denied, let it send you to the office of a personal injury lawyer who will stand by you and ensure your compensation is safe.
