Insurance Claim Denied: What to Do Next?

insurance claim

When it comes to car insurance in Georgia, the state mandates drivers to hold automobile liability insurance to cover injured victims in car crashes they caused. Usually, injured persons get their benefits by filing an insurance claim with help from auto accident lawyers in Atlanta.

However, it’s not every time an insurance claim process goes on smoothly. Claimants often have to deal with insurance companies offering lowball settlements or denying their claims outrightly.

If this is your situation, it can be incredibly challenging and confusing to navigate. That’s especially if you think there was no valid basis for your claim denial. Fortunately, having a denied claim doesn’t mean that all hope is lost.

You can still take measures to recover maximum compensation from an insurance company after they reject your claim. We’ll discuss these steps in this article, but first, why did the insurance company deny your claim?

Why Was My Atlanta Car Accident Insurance Claim Denied?

There are numerous reasons why an insurance company may deny your auto crash claim in Atlanta. While some rationales are valid, others are unjustifiable and may arise from bad faith:

  • The Insurance Company Believes You Caused the Accident

Filing claims against the other driver’s insurance company means holding them responsible for their client’s negligence. So, you must show that the careless driver caused the crash, not you or anyone else. If the insurance company’s investigations reveal that the other motorist didn’t cause the accident, they will deny your claim.

  • The Policy Was Invalid or Has Lapsed Due to Nonpayment

An invalid auto insurance policy doesn’t bind an insurance company. However, an insurance policy may be invalid if the at-fault driver refuses to pay premiums or renew an expired policy. Also, if the at-fault driver isn’t named in the insurance policy, the adjuster will deny your claim.

  • You Filed Your Claim Too Late

There are guidelines on the timeframe for filing your insurance claim after the crash. The insurance company may deny your claim if you take too long to report your injury and the time elapses.

  • The Insurance Company Don’t Believe You Were Hurt

It’s possible to survive a motor vehicle collision without injuries. If that’s your case, the insurance company may deny your claim.

They’ll also reject your claim if you can’t prove that you sustained injuries even when you did. That’s especially when you don’t seek medical attention in time or have a pre-existing medical condition.

  • You Didn’t File The Required Paperwork

There are numerous documents and paperwork to fill out when filing an insurance claim. Failure to provide them will lead to claim denial.

  • Bad Faith Insurance

Sometimes, you may not be responsible for the insurance company denying your claim. This typically happens due to bad faith insurance where the insurer can’t produce valid reasons for refusing to pay damages.

What Are My Legal Options When the At-Fault Party’s Insurance Company Denies My Auto Crash Claim?

When an insurance company denies your claim, the first thing to do is understand the reason behind the denial. If it’s due to incomplete documentation, you can quickly rectify it by submitting the required paperwork or providing any missing information.

Usually, you’ll first write a letter explaining your mistake. Then, you can continue your insurance claim process after correcting the errors.

driver calling auto accident lawyers in Atlanta

However, if the denial wasn’t your fault or due to bad faith, your auto accident lawyers in Atlanta can help. They will ensure that you get ample damages for your injuries by:

  • Appealing the Denial

Your attorney can help you appeal a denied insurance claim in Atlanta. The insurance company may have a process for appealing claim denials. In that case, you’ll follow the required steps and provide proof that negates their rejection. For example, you may have to provide pictures of the crash scene and injuries, medical records, police reports, etc.

Appealing a claim denial doesn’t automatically mean you’ll get your compensation. Many times, the insurance company will remain adamant. However, this remains the first step to fighting a claim denial, and it’s wise to follow the correct procedure.

When you appeal a denied claim, insurance companies must make their decision within:

  • 60 days of receiving medical treatment
  • 30 days for treatment you’re yet to receive
  • 72 hours if you’re appealing an urgent care claim

Insurance companies will typically deny you compensation upon appeal if they think they have a chance against you in court. So, make sure to file a complaint with Georgia’s Office of Insurance. This can be useful if you plan to sue the insurance company after a failed appeal.

  • Filing a Bad Faith Insurance Claim Against the Insurance Company

If an appeal doesn’t yield results, the next step is to file a personal injury lawsuit against the at-fault driver. An insurance company shouldn’t be allowed to bully you into accepting an unreasonable claim denial.  An experienced car accident lawyer will help you with all you need to win in court.

  • Pursuing a Lawsuit Against the Negligent Party

Another option you can explore is filing a lawsuit against other parties in the auto crash. However, you must ensure that they were also negligent and liable for your injuries.

How Can I Find the Best-Suited Auto Accident Lawyers in Atlanta?

If you hire an incompetent attorney, your chances of getting adequate compensation after a denied insurance claim are slim. Therefore, you shouldn’t work with any legal professional without proper consideration.

Watch out for these factors to ensure that you’re making the right decision:

  • Experience

You should only stick with lawyers who have experience or specialize in car accident cases. It’s also important to consider how long they’ve been practicing.

  • Work Ethic

Consider the lawyer’s approach to work. Are they compassionate and trustworthy? Do they believe that you have a case? How have they handled similar claims?

The answers to these questions will determine how well they’ll handle your suit. Only hire an attorney that you feel comfortable with.

  • Track Record of Success

Lastly, consider how successful the lawyer has been in securing compensation for past clients after a denied claim. If they’ve had more losses than wins, they may not suit you.

Contact Experienced Auto Accident Lawyers in Atlanta for Help

If an insurance company denies your auto accident claim, speak with our experienced attorneys at The Weinstein Firm in Atlanta. Our legal professionals will review your case to establish the reason for the insurance claim denial. Then, they’ll provide the best options for recovering damages for your losses.

Hiring a Georgia personal injury attorney from our law firm means receiving the best-quality legal representation in the state. Schedule a free consultation by dialing our hotlines to get started on your case.

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