The insurance adjuster assigned to your car accident claim will look for every possible reason to deny the claim. An insurance claim denial puts a lot of stress, worry, and pressure on you and the rest of your family. It can lead to a serious financial burden that you might not be able to climb out of, especially when out of work recovering from injuries.
That is why it is important to speak with a car accident attorney from John Foy & Associates about your car insurance claim.
How You Can Dispute a Car Insurance Claim Denial
One of the first things you should do when dealing with a car insurance claim denial is to speak with an experienced car accident attorney. Then, be sure to do the following:
Review the Claim Denial Letter
Read the denial letter sent by the insurance company thoroughly. It is possible that you made a very small mistake that led to the claim denial. However, if the letter states that your policy does not cover the crash, you will need to take more serious steps in rectifying the situation.
Review Your Car Insurance Policy
Read through the entire car insurance policy to determine what type of coverage you have. Understanding your coverage limits makes it easier to determine the type of compensation you are entitled to recover.
Submit a Claims Appeal Letter to the Insurance Company
Once you have reviewed the denial letter and your policy, it is time to submit a claims appeal letter. This letter should explain why you believe the claim was incorrectly denied and include evidence to prove your argument. Evidence you should send with the appeals letter includes photos, videos, medical records, and witness testimony.
Always Hire a Car Accident Attorney in Georgia
You should never deal with a car accident attorney by yourself. There are too many moving parts and mistakes you can make. An experienced car accident attorney from John Foy & Associates can ensure all of the following after a crash:
- Your rights are protected
- Evidence is collected
- A police report is obtained
- Witnesses provide statements
- Your medical records are accessible
- The insurance company does not act in bad faith
- That you do not make mistakes on your claim
- That the insurance claim appeals letter is written and submitted correctly
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What to Do if a Settlement Offer Letter Was Sent Instead of a Denial Letter
A settlement offer letter is the other option an insurance company has when dealing with a car accident claim. This letter will provide a proposed resolution to the claim. The letter will include the terms of the settlement, including any compensation being offered by the insurance company.
A settlement letter is the first step in negotiations between you and the insurance company. Should you agree with what has been offered in the letter, you can accept the settlement and a formal agreement is created and signed by both sides. Should you disagree, negotiations continue until an agreement can be reached or until one of the sides walks away from the table.
Before accepting the terms outlined in the settlement letter, be sure to consider the following with the help of a car accident attorney:
- Have a clear understanding of all the terms outlined in the settlement offer letter
- Review the release of liability included in the letter (if you accept the settlement offer, you give up your right to file a lawsuit against the party who caused the accident)
- Accept or deny the offer
- If you accept, sign the release of liability and send it to the insurance company (upon receipt, the insurance company will send you a check for the settlement amount)
- If you deny the offer, you can continue negotiations or file a personal injury lawsuit
Consult with a Georgia Car Accident Lawyer
Even if you received a settlement offer letter, you should still consult with an experienced car accident lawyer in Georgia about the crash. The lawyer can review the offer letter and provide you with an honest assessment as to whether or not it is a fair offer. If the offer is not fair based on your circ*mstances, the lawyer can begin negotiating on your behalf or file a personal injury lawsuit against the party who caused the accident.
Reasons Why Car Accident Claims Are Denied
The most common reasons why car accident claims are denied by insurance companies include the following:
- There are exclusions written into your policy
- Your policy expired
- The accident was caused by an uninsured motorist and you did not have this coverage
- The plan does not have full coverage
- You committed a crime
- There is an active dispute regarding liability
- Your driver’s license is not valid
- The information you provided the insurance adjuster was false or misleading
- The accident was not reported in a timely manner (Georgia law requires immediate reporting)
- You are listed as an excluded driver on the insurance policy
- You made modifications to your vehicle that are illegal
- The insurance company acted in bad faith
When Insurance Companies Act in Bad Faith
An insurance company acts in bad faith when they misrepresent the terms of an insurance policy for the sole purpose of denying a claim. Other examples of acting in bad faith include the following:
- Fail to disclose exclusions in the policy
- Fail to disclose limitations of the policy
- Making unreasonable demands of the policyholder to prove a claim is warranted
- Denying your claim without providing a reason
- Offering you less money than what your claim is worth
- Failing to conduct a timely and proper investigation into your accident
- Making threatening statements to you
Call the Strong Arm in Georgia After a Car Accident
Suffering an injury in a car accident is stressful enough. Having your car accident insurance claim denied can make the situation even more difficult. When you are facing a car insurance settlement or claim denial, call The Strong Arm in Georgia from John Foy & Associates.
Contact us today to schedule a free consultation.
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404-400-4000 or complete a Free Case Evaluation form
