You were injured in a car accident that was not your fault. You filed a claim with the at-fault driver’s insurance company. And then they denied it. If this has happened to you, you are not alone. Insurance companies deny valid car accident claims every day, relying on the hope that most people will simply accept the denial and go away. Here is why claims get denied and what you can do about it.
Common Reasons Insurance Companies Deny Claims
Insurance companies use several tactics to deny or devalue car accident claims. They may argue that their policyholder was not at fault for the accident, citing disputed accounts of what happened. They may claim that your injuries are pre-existing conditions unrelated to the crash. They may argue that you waited too long to seek medical treatment, suggesting your injuries are not from the accident. They may allege that the accident was too minor to have caused your reported injuries. They may point to your limited tort election as a bar to your claim. They may claim that your policy or the at-fault driver’s policy does not cover the type of claim you filed.
Why Insurers Deny Valid Claims
Insurance companies are for-profit businesses. Every dollar they pay in claims is a dollar less in profit. Adjusters are evaluated and compensated based on how effectively they manage claim costs. The entire claims process is designed to create obstacles, delays, and frustrations that discourage claimants from pursuing the full value of their claims. A denial is often a negotiating tactic, not a final determination of your claim’s merit.
Steps to Take After a Claim Denial
If your car accident claim has been denied, do not accept the denial as final. Request the denial in writing with specific reasons for the denial. Gather all supporting evidence including police reports, medical records, photographs, and witness statements. Do not provide additional recorded statements to the insurance company. Do not accept any partial settlement offers. Contact an experienced car accident attorney who can evaluate the denial and develop a strategy to challenge it.
How an Attorney Challenges a Claim Denial
An experienced car accident lawyer challenges insurance denials through several strategies. We obtain and preserve evidence that contradicts the insurer’s stated reasons for denial. We retain medical experts who can directly connect your injuries to the accident. We conduct independent accident investigations to establish the other driver’s fault. We file lawsuits when necessary to force the insurer to defend their denial before a judge and jury. We pursue bad faith claims against insurers who deny valid claims without reasonable basis.
Bad Faith Insurance Practices
Pennsylvania law requires insurance companies to handle claims in good faith. When an insurer unreasonably denies a valid claim, delays claim processing without justification, fails to properly investigate before denying, or misrepresents policy terms to avoid payment, they may be liable for bad faith under 42 Pa.C.S. 8371. Bad faith penalties can include your original claim amount plus interest, punitive damages, court costs, and attorney fees. The threat of bad faith liability is a powerful tool that often motivates insurers to reconsider unreasonable denials.
Contact Siddons Law Firm
If your car accident claim has been denied by an insurance company, do not give up. Contact Siddons Law Firm at (215) 513-2121 for a free consultation. We evaluate denied claims, identify the insurer’s weaknesses, and fight to get you the compensation you deserve.
