Getting into a car accident is bad enough, but dealing with an uncooperative insurance company afterward can make it downright infuriating.
You just want your car fixed, your medical bills paid, and to move on with your life. But sometimes, insurance providers try to lowball or even deny legitimate claims.
If you find yourself in this situation, don’t panic. There are things you can do to get the compensation you deserve.
At Pasternack Injury Law Group, our personal injury lawyers take an aggressive stance against insurance companies that act in bad faith. In this blog post, we’ll explain how to deal with lowball offers and fight tooth and nail for rightful compensation.
Why Do Insurance Companies Refuse to Pay Claims?
Knowing why insurers commonly reject accident claims can help you prepare your case. Here are some of the most frequent denial explanations we see:
- Disputing fault – The insurance provider decides their policyholder was not liable based on their version of how the accident occurred. They put responsibility entirely on you.
- Pre-existing injury claims – If you had prior medical issues, the insurance company may argue that your injuries were not caused by the accident, so they are not liable for paying your medical bills or damages.
- Delayed accident reporting – Waiting too long to file your claim can raise suspicions unless you have a reasonable explanation, like being hospitalized.
- Policy technicalities – Insurers dig into policy fine print, looking for reasons to deny a claim, like missing a notification deadline or paperwork issues.
- Claim fraud suspicions – Some insurers leap to fraud accusations if the damages seem excessive compared to the accident details.
- Uncooperative victims – Not providing all required documents or avoiding the adjuster’s calls can prompt denials.
- Inactive policy – The at-fault driver’s policy was canceled for non-payment or expired before the accident occurred.
When insurers grasp at reasons to avoid paying, having an experienced car accident lawyer on your side levels the playing field. We know how to counter each angle car insurance companies use to deny fair claims. Don’t let them pressure you into accepting less than you deserve – call our office to discuss your case’s merits.
What to Do When the Other Driver’s Car Insurance Denies Your Claim
When you’ve been in an accident that was clearly the other driver’s fault, but their insurance company denies your claim, it can be incredibly frustrating. Many people aren’t aware of the recourse they have in these situations. Don’t let an insurance company off the hook for something that is rightfully owed to you.
Here are some steps to take if the other driver’s insurance denies your claim:
Review the Denial Letter
Upon receiving a denial letter, your instinct may be to call the insurer and angrily demand they rethink their decision. But venting emotion rarely impacts adjusters who handle dozens of angry callers daily. They expect pushback.
Instead, review the denial letter closely. Make sure you understand exactly why they are denying your claim and whether they are alleging any fault on your part. Oftentimes, denials indicate only partial fault as a way to reduce the payout.
Gather All Evidence Related to the Accident
Gather any evidence you have related to liability and damages. Police reports, photos, witness statements, and any dashboard camera or other video footage will be crucial in proving your case. Compile this in an organized fashion.
Filing an Official Complaint With the State Department of Insurance
Every state has an insurance regulator that works to protect consumers from claims of mistreatment. Filing an official complaint alerts the department of your dispute. Often, they will contact the company to investigate the denial.
This outside pressure can motivate stubborn insurers to reevaluate and hopefully settle the claim. If not, the regulator may assist with an independent review. At the very least, it creates a paper trail backing your side of the story.
Hire a Car Accident Attorney to Level the Playing Field
Insurers have teams of attorneys helping them deny or minimize claims. Fighting back requires hiring a personal injury lawyer to advocate for your best interests.
An attorney sends a letter of representation as soon as we take on a case. This puts the company on notice that dodging valid claims won’t slide. Often, it brings them to the negotiating table fairly quickly.
Having a car accident lawyer levels the power imbalance accident victims face. We know California insurance regulations and case law inside out, and we’re not intimidated by aggressive insurance defense tactics.
Be Prepared to Go to Court, If Necessary
If we can’t reach an agreement, we can prepare a lawsuit establishing liability and proving damages. Most claim disputes are settled out of court, but our firm isn’t afraid to take a case to trial if needed to maximize our client’s recovery.
If a lawsuit moves ahead, we build the strongest case possible. It starts with proving the at-fault driver is liable legally. Police reports, traffic citations, and reconstruction analysis can establish negligence clearly.
We will thoroughly document all economic damages from the accident: medical records, lost income data, property repair invoices—anything quantifying losses. For non-economic harm like pain and suffering, we present impact statements and expert testimony.
Don’t Let Uncooperative Insurers Deny You Fair Compensation
Dealing with a wrongful claim denial can leave accident victims frustrated and searching for answers. But there are options to pursue the fair outcome you deserve.
At Pasternack Injury Law Group, we have extensive experience negotiating with even the most stubborn insurance companies. We know every angle they may try to avoid paying what you are rightfully owed. With meticulous case preparation and firm, savvy negotiation, we can often resolve these disputes favorably outside of court.
The bottom line? Don’t let uncooperative insurers deny you the recovery you need to heal and move forward after an accident. With the right legal partner in your corner, you can get the fair outcome you deserve. Contact our office for a free consultation today to discuss your options.