If you’re injured in a car accident that wasn’t your fault, it can be particularly frustrating when the other driver’s insurance company refuses to pay for your injuries. After all, if their insured caused the accident, it’s only right that they should provide a settlement that compensates you for your injuries, lost wages, pain, and suffering.
Unfortunately, there are several reasons an insurance company can and will attempt to avoid paying out. Why would an insurer not accept a claim? Well, the exact reason an insurance company denies coverage will depend on your case.
Learn more about what you should do when insurance denies your claim after an accident.
What Do I Do If the Insurance Company Denies My Car Wreck Claim?
When there’s a car wreck, the at-fault party’s insurance company is supposed to pay to cover:
- Vehicle damage
- Medical bills for injuries
- Other financial damages
However, the company may initially deny coverage to avoid paying.
There are several reasons they may deny coverage. These reasons include:
- Undetermined fault. You know you’re not at fault. But the other driver may also tell their insurance company the wreck was due to your negligence.
- No coverage. Another driver may present insurance to you where you can file your claim. However, the policy dates may have lapsed, or the driver isn’t listed on the policy. In this case, the company isn’t required to pay.
- Prior injuries. Based on your medical history, an insurance company may claim that your injuries aren’t due to the accident but previous injuries or illnesses. In that case, they wouldn’t need to pay.
Once you’ve been denied, the next question you’ll wonder is, “How do I get an insurance company to accept my claim?”
Unfortunately, your provider may continue to refuse compensation for your injuries. As soon as you get any pushback from the other driver’s insurance, you should contact a lawyer who can determine the best way to get coverage.
Handling the injuries after a car wreck is stressful enough without wondering, “what do I do if the insurance company denies my car wreck claim?”. But action is needed if you want to get the compensation you deserve. You can make the company pay in several ways, but it can be complicated for victims to handle alone.
The first thing you should do is hire an attorney you can trust. Share with them everything that’s happened with your claim up to that point. Based on the reason for the denial, your attorney will focus on one of these tactics.
- Gathering evidence. If a company claims their driver isn’t at fault, your attorney will need to prove otherwise. Based on the proportionate responsibility laws in Texas, your fault only needs to be less than 50% to receive payment for your injuries.
- Prove coverage. As of 2020, Texas law no longer allows insurance companies to issue or renew named driver policies. If the insurance company claims denial due to an unnamed driver, your attorney can dispute this claim.
- Prove aggravated injuries. Even if you have pre-existing conditions, your attorney can gather evidence that proves your conditions were exacerbated by the incident, causing further pain and suffering.
- Find alternative coverage. If the policy has expired and the driver is uninsured, you may need to seek coverage from your own policy. Your attorney can guide you through the process of successfully filing your claim.
If You Were Injured in a Car Wreck Call West Houston Injury Attorney Joe Stephens Now
If you’ve been injured by the negligence of another, you could hire any injury attorney near you, or you can hire a top rated automobile injury lawyer in West Houston. Joe Stephens has been defending injury victims in Texas for over 3 decades from negligent individuals, companies, and greedy insurance companies. As a top rated auto crash attorney in Katy, Joe handles all cases personally, and his staff is always available to answer questions.
If you’ve been the victim of a car wreck, don’t let an insurance company stop you from getting compensated for your injuries. You need an attorney on your side like Joe Stephens to fight for fair compensation of your injuries. Call The Stephens Law Firm now and have Joe get to work on your case today.
The Stephens Law Firm, Car Accident Lawyers handles auto accident lawsuits across Texas, including these Houston cities.