Car accidents can be traumatic experiences, and the aftermath is often filled with confusion, medical bills, and the need for repairs. When you’re involved in a car accident in Amherst, NY, one of the first things you rely on is your insurance company to provide financial support. However, there are times when insurance companies deny your claim, leaving you with mounting expenses and a sense of helplessness.
The legal team at Andrews, Bernstein & Maranto, PLLC, understands the complexities of car accident claims in Amherst, NY, and is here to guide you through the process when your insurance claim is denied. In this article, we’ll explore the reasons behind claim denials, the requirements for handling these situations, and the steps you should take to protect your rights and secure the compensation you deserve.
Common Reasons for Claim Denials
Insurance companies have a vested interest in minimizing their payout on claims. While they are legally required to provide coverage for your damages, they often look for reasons to deny claims or reduce the amount they pay. Understanding the common reasons behind claim denials can help you navigate the situation more effectively:
Policy Exclusions
Every insurance policy has specific terms and conditions. Certain types of accidents or damages might not be covered under your policy. For example, if you were involved in a hit-and-run accident and your policy does not include coverage for such incidents, your claim may be denied.
Lack of Documentation
Insurance companies require thorough documentation to support your claim. If you fail to provide crucial information like police reports, witness statements, or medical records, your claim could be denied for lack of evidence.
Delayed Reporting
Timely reporting of an accident is crucial. If you wait too long to inform your insurance company about the incident, they may argue that your delay hindered their ability to investigate the claim properly.
Policy Lapses
If your insurance policy has lapsed due to non-payment or other reasons, the insurance company will not provide coverage for the accident.
Disputed Liability
Insurance companies may deny claims when there is a dispute regarding who is at fault for the accident. If they believe you are primarily responsible, they may refuse to cover your damages.
Pre-existing Medical Conditions
Insurance companies may question whether your injuries were pre-existing or related to the accident. If they suspect a pre-existing condition, it can be grounds for denial.
Requirements When Your Claim is Denied
When your car accident claim is denied, it’s essential to take the following steps to protect your rights and increase your chances of a successful resolution:
Review Your Policy
Carefully read your insurance policy to understand the terms, coverage limits, and any exclusions. This will help you determine whether the denial is valid or if it’s worth disputing.
Seek Legal Advice
Consult with an experienced personal injury attorney like Andrews, Bernstein & Maranto, PLLC. They can provide valuable guidance on your specific situation and help you determine the best course of action.
Gather Documentation
If you believe the denial is unjust, gather all the relevant documentation, such as accident reports, medical records, and photographs. Your attorney can use this evidence to build a strong case.
Contact the Insurance Company
Reach out to your insurance company to understand the reasons behind the denial. It may be a simple administrative error that can be resolved through communication.
File an Appeal
Insurance companies typically have an appeals process in place. Follow their procedures for appealing the denial. Your attorney can assist you in preparing a convincing appeal.
Steps to Take After a Claim Denial
If your insurance company continues to deny your claim even after the appeal, it’s crucial to take the following steps to protect your rights and seek compensation for your losses:
Consult an Attorney
If you haven’t already, seek legal representation. An experienced attorney can evaluate your case, determine the best course of action, and represent your interests effectively.
Negotiation
Your attorney can engage in negotiations with the insurance company to reach a fair settlement. Many times, insurers are willing to reconsider their denial when faced with a strong legal argument.
Litigation
If negotiations fail, your attorney can file a lawsuit against the insurance company. This legal action can compel them to reevaluate the claim and possibly lead to a court judgment in your favor.
Collect Evidence
Continue to gather and preserve evidence that supports your case. This includes medical records, witness statements, accident reports, and any other relevant documents.
Maintain Communication
Keep lines of communication open with your attorney and provide them with any new information that may strengthen your case.
Be Patient
Legal processes can be time-consuming, so be patient as your case progresses. Your attorney will guide you through each step of the legal proceedings.
Understanding the Impact of a Denied Claim
A denied car accident claim can have a significant impact on your life. Without the financial support from your insurance company, you may face mounting medical bills, vehicle repair costs, lost wages, and emotional distress. The consequences can be particularly daunting if you’ve sustained severe injuries in the accident. Understanding the full scope of these challenges is essential for your well-being.
Seeking Medical Treatment
First and foremost, prioritize your health and well-being. If you haven’t already received medical treatment for your injuries, do so as soon as possible. Your well-being should always be your top concern, and timely medical attention is crucial not only for your health but also for your claim. Document all your injuries and follow your healthcare provider’s instructions for recovery.
In cases where the insurance company is disputing the extent of your injuries, having thorough and up-to-date medical records is essential to bolster your case. If you’re unable to pay for medical expenses upfront, discuss payment options with your healthcare providers and consider consulting your attorney for guidance on managing medical bills.
Recovering Lost Wages
If your injuries have led to missed workdays or long-term disability, you may be entitled to compensation for lost wages. Document the time you’ve missed from work, including any sick days or vacation time used. Your attorney can help you calculate the value of lost wages and ensure you receive proper compensation.
Repairing or Replacing Your Vehicle
In addition to addressing your medical expenses and lost wages, you must consider the status of your vehicle. If your car was damaged in the accident, you’ll need to have it repaired or replaced. If the insurance company denies your claim, you may need to explore other options for covering these expenses.
One potential option is to file a claim with the at-fault driver’s insurance company. If the other driver was responsible for the accident, their insurance may cover the costs of repairing or replacing your vehicle. If they don’t have insurance or the coverage is insufficient, your attorney can help you explore other avenues, such as pursuing a personal injury lawsuit to recover the damages.
Dealing with an insurance claim denial after a car accident can be a stressful and frustrating experience. That’s where the experienced legal team at Andrews, Bernstein & Maranto, PLLC, can help. With our deep understanding of personal injury law in Amherst, NY, we can guide you through the process, ensuring your rights are protected and you receive the compensation you deserve.
At Andrews, Bernstein & Maranto, PLLC, our goal is to help you navigate the complexities of car accident claims and advocate for your best interests. Don’t let a claim denial leave you financially burdened after an accident. Contact us today to discuss your case, and let our skilled attorneys fight for the justice and compensation you deserve.
If you’re dealing with a denied car accident claim in Amherst, NY, don’t navigate the legal process alone. Contact Andrews, Bernstein & Maranto, PLLC, today to schedule a consultation with our dedicated team of attorneys. We have the experience to help you fight for the compensation you deserve. Let us be your advocates in seeking justice and protecting your rights. Don’t wait; contact us now and take the first step towards resolving your claim denial.