What Can You Do If Insurance Denies a Claim After a Rear-End Collision?

Question from Cass, What Can You Do If Insurance Denies a Claim After a Rear-End Collision?

Answer from AI:

If you’ve been involved in a rear-end collision and the other party’s insurance has denied your claim, there are several steps you can take to address the situation. It’s important to understand that insurance companies may deny claims for various reasons, and having a claim denied does not necessarily mean that you are without options.

Understanding the Denial

First, it’s crucial to understand why the insurance company denied your claim. Common reasons for denial include:

• Disputes over who was at fault for the accident
• Questions about the extent and causation of injuries
• Lack of evidence or documentation
• Policy exclusions or lapses in coverage

The insurance company should provide you with a written explanation of the denial. Review this explanation carefully to determine the specific reasons for the denial.

Steps to Take After a Claim Denial

After receiving a denial, consider the following steps:

1. Review Your Policy: Make sure you understand your own insurance coverage and whether you have underinsured motorist coverage that may apply.
2. Gather Documentation: Collect all relevant documentation, including medical records, repair estimates, police reports, and any correspondence with the insurance company.
3. Dispute the Denial: If you believe the denial was unjustified, you can file a formal appeal with the insurance company. Provide additional evidence and arguments to support your claim.
4. Seek Legal Advice: Consult with a personal injury attorney who can evaluate your case and advise you on the best course of action. An attorney can negotiate with the insurance company on your behalf and represent you in legal proceedings if necessary.
5. Consider Small Claims Court: If the amount in dispute is relatively small (typically less than $5,000 to $10,000, depending on the state), you may be able to file a lawsuit in small claims court without an attorney.
6. File a Complaint: If you believe the insurance company is acting in bad faith, you can file a complaint with your state’s insurance department.

Dealing with Pre-Existing Conditions

Insurance companies often scrutinize claims involving pre-existing conditions. If your chiropractic treatment is related to reactivating a previous back injury, the insurer may argue that the accident was not the cause of your current condition. It’s important to have medical documentation that clearly establishes the connection between the accident and the exacerbation of your pre-existing injury.

Legal Representation

Given the complexity of claims involving pre-existing conditions and the fact that the insurance company has already denied your claim, seeking legal advice may be particularly beneficial. A personal injury attorney can help you:

• Understand your legal rights and options
• Collect and present evidence to support your claim
• Navigate the appeals process or litigation
• Argue for a fair settlement that considers the full extent of your damages

Conclusion

Dealing with a denied insurance claim can be frustrating, especially when you’re facing medical treatments and car repairs. While you have the right to challenge the denial, it’s often helpful to have professional guidance. Remember that each case is unique, and the success of any action you take will depend on the specifics of your situation. For personalized advice, it’s recommended to consult with a legal professional.

For more information on filing a complaint, you can visit the National Association of Insurance Commissioners (NAIC) website, which provides resources for consumers dealing with insurance issues.