In Georgia, all drivers are required to carry auto insurance. This way, if you do get into an accident, there’s insurance to cover any medical expenses or other damages. The problem is that the insurance adjuster controls whether your car insurance claim is approved or denied. All they do is listen to the statement given by the two drivers, review the police report, and perhaps look at a few pictures.
When you find out that they have denied your car insurance claim, you’re going to be angry and frustrated. Rather than try to deal with them on your own, it’s a good idea to talk to auto accident lawyers in Carrollton first.
When you sit down with your Carrollton personal injury lawyer, they’ll listen to your story. They’ll ask specific questions to get to the real reason why your car insurance claim may have been denied. Just because the insurance adjuster lists one reason on your denial letter, that doesn’t mean there isn’t something else going on.
Perhaps your car insurance claim is rather large, and the insurance company thinks they can settle for less down the road. Or you may have a history of filing auto insurance claims and they don’t trust that the accident was not intentional on your part.
Regardless of the reason listed on your letter of denial, your Carrollton personal injury lawyer will review your claim thoroughly. Here, we’ll discuss the various reasons why the insurance carrier may have denied your car insurance claim. We’ll also explain what options you have once your claim has been denied.
If you still have questions or concerns after reading this article, just give us a call. One of our friendly office staff can help schedule your free, initial consultation.
There’s Not Much Your Carrollton Personal Injury Lawyer Can Do if the Policy Was Invalid
It’s always hard to explain to a client why their car insurance claim was denied. It’s one thing if the insurance adjuster is being unreasonable or is trying to take advantage of you. However, if your car insurance claim was denied because the policy had lapsed or been canceled, there’s no way the insurance company will pay your claim. It doesn’t matter what your attorney does. There’s no way they’re going to get an insurance carrier to pay a claim out on an invalid policy.
Of course, you can’t beat yourself up if this is why your car insurance claim was denied. Even if you paid every premium on your own auto insurance policy, you can’t control what the other driver does. In cases like this, you have two options. You can pursue a claim against your own policy’s uninsured motorist’s policy, or you can sue the defendant in civil court.
Your Auto Accident Lawyer in Carrollton May Want to File an Appeal Before Filing Suit
As indicated above, if the insurance company decides to deny your car insurance claim, they have to send you a denial letter. In this letter, there will be a reason listed for why it was denied. The letter may simply provide you with a code. You can then look through the accompanying paperwork to find out what that code means. Or your Carrollton personal injury lawyer can always look it up for you.
Depending on the facts of your case, you may be able to file an appeal. If so, they’ll need to gather evidence to prove the other driver was at fault. Or they may need to prove how serious your injuries were. It all depends on why your car insurance claim was denied.
What Are the More Common Reasons for Denying Someone’s Car Insurance Claim?
There are dozens of reasons why the insurance company may have denied your accident claim. These include, but are not limited to, the following:
- The insurance policy was invalid or had lapsed for non-payment
- The insurance adjuster believes you caused the crash
- You did not submit your car insurance claim in time
- You failed to submit the required paperwork
- The insurance carrier doesn’t believe you were injured
- You have a history of filing auto insurance claims
- The claim is large, and they believe they can settle for less if they fight the claim
As explained above, if the policy wasn’t valid, there’s not much your auto accident lawyer in Carrollton can do. However, for most other reasons, they can certainly file an appeal.
Your Carrollton Personal Injury Lawyer Can File Suit Against the Other Driver
If your car insurance claim was denied and the insurance company denies your appeal, you only have one option. You need to file suit against the other driver. Legally, their insurance carrier is required to defend any lawsuits filed against them. This means they’ll have a team of lawyers fighting for them.
If you attempt to handle the lawsuit yourself, that’s okay. However, know that the insurance company will try to take advantage of you. Once they learn that you aren’t represented by an attorney, they’ll try to convince you to accept a lower settlement. They’ll ask you to sign a settlement release that prevents you from pursuing them later for additional damages.
Rather than risk this happening, you should retain a Carrollton personal injury lawyer as soon as possible after your car wreck. This gives your lawyer plenty of time to prepare your case. It also lowers your chances of missing the statute of limitations period in Georgia. In Georgia, you only have two years to file a personal injury lawsuit. If you miss this deadline, your car insurance claim will be dismissed, and you won’t be able to refile.
Meet With an Experienced Auto Accident Lawyer in Carrollton Right Away
If you or your loved one have been hurt in a motor vehicle accident, there’s a good chance you suffered some sort of injury. You probably also experienced extensive damage to your car or SUV. It’s not fair for the insurance company to deny your car insurance claim. Unless there’s a good reason, your Carrollton personal injury lawyers will fight to get you the compensation you deserve.
If it turns out that the defendant didn’t have a valid insurance policy, you can always sue them personally for any damages you suffered. We suggest you call our office as soon as possible after your crash. Schedule your free, initial consultation right over the phone. Call today so we can get started.