Denial of Insurance Claims

Car Accident Lawyer

You were in an accident recently, and you are certain you were not at fault. But the other driver and their insurance company see things differently. Does this mean your case is going to go to trial?

Unfortunately, it is not uncommon for the other driver’s insurance company to deny liability for the accident, even in what seems to be a clear-cut case. This article describes some of the key elements of a car accident claim where the insurance company for the other driver is contesting liability.

Reasons Why the Insurance Company May Deny Your Claim

There are many reasons the other insurance company will contest liability. Usually, these reasons are in two categories. The first is the insurance claims adjuster thinks the claim does not have merit or hopes that you will not pursue the claim. The adjuster could also have eyewitness testimony or think its client’s version of the accident is what occurred. The latter is common if there was no official police report.

Some of the other possible reasons the insurance company may contest liability are:

  • Policy exclusions: If an auto insurance policy excludes ‘acts of God’, the insurance company might argue that this is what caused the accident and not the negligence of their client.
  • Policy lapse: If the other driver did not pay their premium on time, the insurance company can claim there was no coverage when the accident happened.
  • Did not notify insurer on a timely basis: Policies usually state how soon a car accident needs to be reported for it to be cover. It is important for you to inform the other driver’s insurance company immediately after the accident.

What to Do If the Insurance Company Denies Liability

If they deny your claim, you will probably need to hire a personal injury attorney, if you want to fight the denial. This does not necessarily mean your personal injury claim will go to trial. Having an effective car accident attorney in your corner can nudge the insurance company towards offering a favorable settlement. A claim from an experienced attorney carries weight and will probably be taken more seriously than if it comes from you. But it is a possibility that, if all else fails, the case could go before a judge.

Your attorney may draft a demand letter. This is a more formal claim for monetary compensation that details your version of the accident, the amount of property damage and injuries you have incurred, and why the other driver was negligent. The insurer will usually feel compelled to offer a reason why liability is being denied, or it might even reverse its decision.

Does It Make Sense to File a Lawsuit?

If the insurance company for the other driver is denying liability, you can file a personal injury lawsuit against the insurer. Whether it is worth it or not depends upon the extent of your injuries and the property damage you have. In minor accidents, the cost of a personal injury lawsuit could outweigh what you could receive in damages. But in more serious accidents, filing a lawsuit and even going to trial may be well worth it.

Contact an Experienced Personal Injury Attorney

An experienced car accident lawyer Milwaukee, WI offers is dedicated to helping injured clients when they most need it, such as when the other insurance company denies liability even in a clear-cut accident. Many of our clients are struggling emotionally and financially after a serious accident, and they need help. They take pride in assisting victims in getting as much compensation as they deserve. Contact a car accident attorney today for a free and confidential consultation.

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into car accident cases and denied insurance claims.