Car accidents often leave injury victims with mounting medical expenses along with lasting physical and psychological damages. Having your car accident claim denied can be discouraging. When this happens, many victims may choose to give up on pursuing any compensation.
Car crash claims may get denied for a lot of reasons. While some denials are valid, others are not, so having a knowledgeable and experienced attorney could greatly benefit your claim. Our Fort Worth car accident attorneys at Anderson & Cummings are available to learn more about your claim in a complimentary case review.
Below, we explain how you may be able to seek compensation to cover medical costs and lost wages, even if your claim was denied by the insurance company.
Are There Valid Reasons My Fort Worth Crash Claim Could Be Denied?
Insurance companies will look for any minor misstep to avoid paying the full amount of your claim. Keeping this in mind, it is important to find out the exact reason your claim was denied. Your lawyer can help you understand the reason your claim was denied and how to appeal this decision if your claim has merit.
That said, there are some valid reasons why insurance companies may deny or devalue a crash victim’s injury claim, including:
- Lack of evidence – You did not provide enough evidence of a severe injury or other damages.
- You filed too late – You failed to file your claim within the statute of limitations. Most claims in Texas must be filed within two years, however, this deadline may vary, depending on the situation. An attorney can help you to understand what deadline applies to your claim.
- Your damages exceed insurance policy limits – If your total damages are higher than the policy limits, you may have to look at other options such as underinsured and uninsured coverage.
- You drove under the influence – If you were driving under the influence of drugs or alcohol at the time of the accident, your claim could be barred by the court.
- You made false or misleading statements – It is important to be honest about the details of your claim. Insurers will record and track your statements. If later statements you make conflict with your earlier accounts of what happened, it could impact your credibility and therefore, your claim.
What if My Texas Crash Claim Was Denied for a Valid Reason?
If your insurance claim was denied, even for a valid reason, you should hire a lawyer right away. An attorney will work hard to protect your rights in this situation. For instance, he or she can investigate to learn why your claim was denied. In some cases, it may be possible to file an appeal and overturn the denial.
If you are eligible to appeal a denied claim, your lawyer will fully investigate your crash and look for additional evidence or possible witnesses to help build a robust claim. Your lawyer should also have access to many resources, including industry expert witnesses. These experts can provide additional evidence that supports your claim. For instance, an accident reconstruction specialist could further examine the crash to clarify what happened. Their findings could be an asset that helps to prove the validity of your claim.
Continue attending medical appointments for your injuries, even after a denied claim. You should also save all documentation, along with other costs such as lost wages from missing work and property damage.
Avoid communicating with the insurance company and let your lawyer speak for you. Most insurers are looking for ways to get you to say something that could hurt the validity and value of your claim.
What Are Some Bad Faith Tactics Insurers May Use?
Insurance companies are always looking to save money – this is how they remain profitable. However, some insurers take this too far. This is when adjusters may try things, known as “bad faith tactics,” to devalue and even deny your car accident claim.
Some of the most common bad faith tactics insurers may use include:
- Ignoring your demand letter
- Wrongfully denying your claim
- Devaluing your claim without reason
- Wrongfully terminating your insurance policy
- Delaying payment on your claim with no reasonable explanation
If you have experienced any of the above “bad faith tactics” used by insurance companies, you should consider having a licensed attorney review your claim. Sometimes just hiring a lawyer is enough to get the ball rolling. This step lets the insurance company know you mean business. However, the insurance company also knows that if you have an attorney, he or she will work hard to protect your rights and ensure state and federal insurance laws are being followed.
What if I Share Some Fault for the Accident?
It may still be possible to recover some compensation for your damages, even if you share some fault for the crash.
Texas’ modified comparative fault law states the court is allowed to hold each party liable for their percentage of fault in an accident. That said, the compensation you receive will be reduced, according to your percentage of fault.
For instance, if you were eligible for $100,000 in compensation but assessed with 20 percent of fault, you can only recover $80,000. If you are 50 percent or greater at fault, however, you would be denied from seeking any compensation.
Consult With a Legal Professional
If you your car crash claim was denied or you received a lowball offer for your damages, contact a trusted attorney at Anderson & Cummings today. We offer free claim evaluations and there is no obligation to hire us. We do not charge any fees unless we recover compensation for your claim.
We are available to take your call anytime, 24/7. (817) 920-9000.