Can A Crash Victim Challenge a Claim Denial?

car accident

As the victim of a car accident, you might have assumed that your claim would go through without much question. Unfortunately, insurance companies will deny claims for any variety of reasons, and most don’t have anything to do with you. Receiving a claim denial is far more common than people are led to believe, but it is possible to challenge, appeal, or even sue over a claim denial.

As the victim, you may have a lot more rights in the way of seeking compensation compared to the driver who caused the accident. However, you still may need to put up quite a bit of a fight in an effort to get anything out of an insurance company. They’ve made long careers out of skipping out on payments and denying claims that should have awarded compensation. Our Atlanta car accident lawyers can help you with that.

Common Reasons for Claim Denials

There are a few common reasons for auto accident claim denials. The most common is that the policy has lapsed or is no longer active. This means that essentially you’ve had an accident with an uninsured driver. It is possible that the driver can reinstate their policy, but it is not always clear if the insurance provider will cover the damages of the accident. This is often evaluated on a case-by-case basis.

Additionally, insurance companies made deny claims based on violation or exclusion in their policy. If the insurance provider determines that the accident was an “act of God,” then they may not provide coverage. The most common violation of an insurance provider contract is operating while intoxicated.

Most car insurance providers will have a statement in their contracts, acknowledging that anyone driving while impaired will not receive coverage of the damages of that accident. However, those companies do often provide full compensation to the victims of the accident. As the victim of a DUI crash, you should still have access to compensation even though the other driver violated their contract.

Challenges and Appeals

You can challenge a claim denial, and it’s best to go through this process with a local car accident attorney. Challenging and appealing decisions may go to court, or appealing their decision may call for strategic legal action.

If the insurance company outright refuses to participate in these events, then you may need to initiate a lawsuit against the insurance provider for failing to provide services.

Your Rights as a Victim

Victims in the state of Georgia, you have the right to seek compensation for damages done by another. Tort law is defined as any act, including an omission that results in injury or harm to another person where civil courts can impose liability. The liability is often paid in compensation through monetary means. With insurance companies, the insurance company acts as a middleman where they evaluate the degree of damage and arrange for payment for the damages.

For example, you may not receive the full check for compensation. Instead, some of your compensation may go to the auto shop that made repairs on your vehicle, or to the medical network that provided medical care for your injuries.

Exercise your rights to file a claim and receive compensation for damages done by another. You have the right to take your claim to the Department of Insurance and Safety Fire Commissioner. Of course, this option should only be done when you have a dispute with the insurer about the settlement, claim, or lack of involvement. Before involving the commissioner, you should actively seek compensation on your own or with a local Atlanta auto accident attorney.

Taking Further Actions with an Atlanta, GA Car Accident Lawyer

In Atlanta, a car accident attorney can offer guidance and a wealth of resources. Many people feel that a claim denial is set in stone, and that’s not true. You can challenge the claim denial, appeal it, and, if necessary, sue the insurance company. You can go through the State’s Department of Insurance and Safety Fire Commission, and pursue legal action to get justice for your crash.

Always ensure that you’ve explored all of your legal opportunities and options before settling or accepting a claim denial as the end of the line. Insurance companies aren’t about friendly geckos, or the nice neighbor next door, and they certainly aren’t there to offer a helping hand. You’re dealing with a company that has their own best interest in mind, and the only way to fight for your compensation is to put your needs first. Contact the Weinstein Firm for more information on how to appeal a claim denial or seek legal action against an insurance company refusing to provide compensation.

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