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Personal Injury Claim Denied: What Now?

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You’re going about your day, driving to your next appointment. Then all of a sudden, you’re in a car accident. Another party hit your car. You’re shaken. You’re confused. You’re in shock. Car accidents can be very scary. From minor fender benders to catastrophic injuries, the process can be a frustrating and overwhelming ordeal. Things get even more stressful once you realize that the insurance companies would love to find a way to deny all or parts of your personal injury claims. So what happens when you’re the victim of a vehicle accident and your claim is denied?First, let’s address what you should do immediately following an accident.

  • Evaluate your condition and the condition of others. If you or another person is injured, you need to seek medical attention.
  • Get photo, video, and witness statements of the incident.
  • File a police report. Get your statement on record.
  • Swap insurance with involved parties.
  • Contact a personal injury attorney for free advice.

Who Pays for the Accident Claim?

insurance company denies insurance claim based on insurance policyThis is a complicated question; it depends on the circumstances of the accident, and it depends on which part of the claim you are referencing. For damage to your vehicle, rental car, etc., you can go through your own insurance or opt to go straight through the at fault insurance. If you choose to use your own insurance your insurance will pay out for the property damage associated with your claim, but then will get reimbursed by the at-fault party’s insurance later.

Fault really is important when it comes to accident related injuries. When you have a bodily injury claim, you may be entitled to recover general damages such as pain and suffering and loss of enjoyment of life in addition to any wage loss damages. All those amounts would be in addition to the total special damages—medical bills. This is called a third-party bodily-injury liability claim. You go to the at fault insurance for this claim. This is the easiest type of claim for insurance companies to take advantage of you.

Utah also requires drivers to carry personal injury protection coverage with is a minimum of $3,000 on your policy. That means you can get $3,000 of free medical coverage no matter whether you are at fault or not. But when medical bills exceed these costs, this is when fault is necessary for getting your claim covered properly.

Why Might Your Personal Injury Claim Get Denied?

insurance coverage claim denial - insurance company refuses bad faith claimEvery insurance company in the world would love to deny your claims if they can, even your own. Their job is to save their company money, they do this by not giving the money to you. They are extremely talented at finding reasons that they can validly use as justification to deny your claims. There are tons of ways they can deny your claims!

  • They can try to deny that their driver was even involved in the crash.
  • They can try to deny that the crash was their driver’s fault.
  • They can try to deny that you were even injured.
  • They can try to deny that your medical care was reasonable and necessary.
  • They can try to deny that the amounts charged by your doctors were usual and customary.
  • They can try to argue that you should have healed faster.
  • They can argue that you should not have missed work.
  • They can delay everything by saying they can’t get a hold of their insured for a statement.
  • They can say that their policy doesn’t apply coverage at all because their driver was using the vehicle for work, or hit you intentionally, or the vehicle had been stolen.
  • They can argue that the crash was partially your fault so they will only cover part of your claims.

What Should You Do if Your Case is Denied

Do not wait. Call an attorney immediately after your crash. The longer you wait, the more you give the insurance companies ammunition to use against you to deny your claims. McMullin Injury Law is a leading personal injury firm in southern Utah, serving St George, Cedar City, and surrounding areas. Our attorneys are dedicated to providing you with the best chance of getting your case covered fairly. If you are a victim of an accident and need help getting your personal injury case case processed, know you aren’t alone. We are here to help you. Our focus is to handle the logistics so you can focus on recovery. Call us today for a free consultation with a personal injury attorney. Don’t be in denial, call an experienced personal injury lawyer before speaking with the insurance companies.