What if the Insurance Company Wrongfully Denies Your Car Accident Claim?
If you were involved in a car accident where the other driver was at fault, it seems safe to assume you would take the steps to file a claim and the liable party’s insurance company will cover the repairs to your car, any medical expenses, and any other damages resulting from the accident.
Unfortunately, this isn’t always the case and the process isn’t so straightforward. For you, what seems like a clear-cut situation may not be so obvious to the other person or to their insurance company, who may deny your claim.
In some cases, an insurance company may not think their insured is the at- fault party and may then deny your claim. Other times, they may attempt to get you to settle for less than you deserve. When a claim is wrongfully denied, it can make the aftermath of a car accident into a stressful and financially taxing situation for the victim.
If your claim has been wrongfully denied, it is within your rights to fight back to receive the settlement you rightfully deserve.
Get an experienced car accident attorney
Wrongfully denied car accident claims can quickly become complex and confusing situations. It is in your best interest to seek a personal injury attorney who can assist you in recovering what’s rightfully owed to you.
Joshi and Patel has proven experience in successfully handling car accident claims and cases of wrongful denial. As former insurance defense attorneys we have the knowledge of exactly how car insurance companies process claims, the reasons they deny claims, and how to effectively fight back to get what you deserve in the aftermath of an accident.
Review your evidence
Following an accident, it’s important that gather as much evidence as possible that could prove you were not at fault. Even when damage seems minimal, you should file a police report, take photos, collect statements from any witnesses, as well as seek medical attention for any injuries.
Be sure to save all of these documents as well as any additional medical bills and other statements related to the accident after filing the initial claim. You will need to go through the information again when working with one of our car accident attorneys when appealing the insurance company’s denial. Remember, establishing your claim will depend greatly on your ability to provide proof that someone else was at fault. In other words, your evidence plays a crucial role.
After you finish your medical treatment, one of our attorneys will send a demand letter to the at-fault driver’s insurance company. This details the reasons and evidence of why the other driver was at fault, what you are owed, and provides the insurance company with a chance to settle the claim before any additional legal action is taken.
A demand letter written by a Joshi & Patel attorney has a greater chance of soliciting a response from the insurance company. This response may be to provide a more detailed explanation for why they denied your claim, to offer a settlement, or even to reverse the original denial.
After the demand letter, if your claim remains denied, you should discuss the merits of pursuing further litigation with one of our attorneys. Filing a lawsuit may or may not make sense for you.
This is one of the reasons why it’s so important to align yourself with the experienced attorneys at Joshi & Patel. We understand all your options and can help you decide the course of action that will best serve your unique situation. If you believe you’ve been wrongfully denied a claim after a car accident, contact Joshi & Patel today to start a conversation.
At Joshi & Patel we offer a free case evaluation, no obligation consultation. Once it has been determined that you have a case, we will work for you on a contingent fee basis. In other words, you don’t pay your personal injury attorney fees up-front. Instead, you sign an agreement to pay us a percentage of your settlement amount. You pay us absolutely nothing unless you recover.
**Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
