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4 Reasons a Car Accident Claim is Denied

4 Reasons a Car Accident Claim is Denied

All states require that people purchase auto insurance in order to drive legally. The purpose of auto insurance is to protect drivers’ personal assets in case they cause a car accident and ensure that all damages are covered. So, when that day comes and you do have to file a car accident claim, you expect the auto insurance to pick up the tab, but that’s not how it works 100% of the time. Sometimes, an insurance company denies a claim.

When can an auto insurance company deny a claim? There are four main reasons for denials, which we explain below.

1. You Could Have Avoided the Accident

When drivers file a claim against their own insurance company, sometimes the insurance company argues that the accident could have been avoided; therefore, they won’t pay the claim. This is can happen when a driver was drunk driving, or when they did something purposely to damage their car, or when they let an unlicensed driver use their car.

2. You Weren’t Really ‘Hurt’

Whenever you’re in a car crash, be sure to seek medical treatment right away. The same day is best, but no later than 72 hours from the crash. It’s important to know that people are often flooded with adrenaline after car accidents so the pain of an injury may not show up until hours, or even days later.

If you fail to seek medical treatment immediately, the insurance company can argue that you couldn’t have been hurt because you didn’t see a doctor. Or, they can even accuse you of exaggerating or faking it. If you head straight to a hospital after an accident, not only can this be proven with documentation, but it can make your case a lot stronger.

3. There is No Medical Evidence of Injury

You may have been injured in the accident, but if you never sought treatment, there won’t be any medical records to back up your claims. If you don’t have medical records indicating an injury, it’s difficult to prove that you are entitled to damages.

4. You Suffered from a Pre-Existing Condition

If the insurer is asking for full access to your medical records, including those before the accident, don’t give them permission without first talking to a personal injury attorney. In these situations, insurers are looking to dig up anything that indicates the injury you are claiming now, is, in fact, a pre-existing injury that is not related to the accident.

Be on the alert for this trick. Even if you had a pre-existing injury, that does NOT mean it wasn’t aggravated by the crash. Plaintiffs can still collect damages when they had a pre-existing injury, but insurance companies will try to fool them into believing this is not the case. This is yet another reason why it’s so important to have legal representation.

Next: How Do I Talk to My Insurance Company After a Wreck?

Looking for a Columbia car accident lawyer? Contact the Law Office of James R. Snell, Jr., LLC today!


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