Why An Insurance Carrier Might Reject Your Accident Claim
Posted on: 30 May 2019
If you are injured in an auto accident, the responsible driver's insurance carrier should pay your damages. Sometimes, however, you can file a claim only for the insurance company to reject your demands. Here are some of the reasons an insurance company might reject your demands.
You Contributed To the Accident
In many cases of auto accidents involving multiple parties, more than one of the parties ends up being responsible for the accident. For example, if a drunk driver hit you because you run the red light, both of you are responsible for the crash.
States have two main ways of dealing with such cases. In some states, you don't get compensation for an accident if you were at least 51% responsible for the crash. This is known as contributory negligence theory.
In other states, you can collect your damages even if your contribution to the crash exceeds 50%, but your damages are reduced in line with your contribution to the crash. This is known as comparative negligence. If an insurance company is convinced that you contributed to your injuries, they may use contributory negligence to deny your claim.
Your Injuries Were Preexisting
An insurance company can also reject your claim if the adjuster is convinced that you were not injured in the car crash. For example, if you were involved in a slip and fall a few weeks before the car crash, the insurance adjuster might claim that your injuries are from the slip and fall accident, and not the auto crash. This gives the insurer reason to reject your claim since they are only responsible for the damages their client caused you.
The Insurer Denies Liability
An insurance company can also reject your claim if they think that their client isn't responsible for the accident. Say you are involved in a pileup accident involving four cars, but you have only targeted one of the cars to recover your damages. The defendant's insurance company may claim that their client is innocent and that it is the other two motorists who should compensate for your damages.
You Were Late With the Notification
Lastly, an insurance company may also reject your claim if you are late in making it. First, insurance companies have deadlines within which you must make a claim after an accident. Secondly, states have laws on statutory of limitations that detail how long you have to file a case after an accident. Filing your claim after such deadlines can easily get the claim rejected.
You need to move first and accurately to succeed with an auto accident claim. Consult a business like Attorney Todd E Webb Personal Injury Attorney to learn more.
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