When and Why a Car Accident Insurance Claim is Denied

When filing an insurance claim, there are always a few things to consider. You must always ensure you file your claim correctly and attach all necessary documentation, and understand that even if you have filed properly, there is no guarantee your claim will be approved or that you will be fairly compensated. The Montana car accident lawyers at Hoyt & Blewett have been handling claims against insurance companies for over 30 years, and are well versed in all areas of insurance claims and litigation.

When your claim is submitted and denied, it could be for one of many reasons:

  1. The accident was avoidable, or you did something that may have led to or caused it. Examples of this include drunk driving or committing a traffic violation.
  2. There were no complaints about injuries or no medical treatment was sought at the time of the accident. It is important that you seek treatment for your injuries as soon as possible and provide proof of this to your insurance company and/or the insurance company of the person who caused the accident.
  3. Medical records do not indicate the types of injury or pain that are sought by the claimant.
  4. Pre-existing conditions are frequently argued by the insurer as the cause of the injury or pain, not the accident. If your pre-existing condition was aggravated because of the accident you may still be eligible for compensation.  The insurance company is typically required to prove what was pre-existing and what was caused by the accident.  If it fails to do so, it is responsible for all damages caused by an accident.

When your insurance claim is denied or undervalued, the first step is to remain calm and understand that just because your claim is denied or undervalued doesn’t mean there is no further action that can be taken. The bottom line is that insurance companies increase their profits by denying and underpaying claims, which puts you at a disadvantage. In having a Montana car accident attorney from Hoyt & Blewett on your side, you can be sure that you are represented by experienced trial lawyers who are committed to obtaining fair compensation for your injuries, personal property and vehicle.  The firm is prepared to take insurance companies to trial and has successfully obtained jury verdicts in many auto accident cases for amounts far above the last offer made by the insurance company.

 

To learn more about your potential personal injury case, contact an auto accident lawyer at Hoyt & Blewett today.