One of the most frustrating things that many car accident victims discover is that insurance companies do not always do the right thing. Not only can this be frustrating for victims, but it can also be frightening, now knowing how all the medical bills, loss of income and other financial losses will be addressed.
There are a variety of reasons why an insurance company may deny a claim. The following are some of the most common insurance litigation attorneys see.
The accident could have been avoided: An insurance company can deny a claim if the accident was avoidable or the victim could have taken steps to stop it. For example, if the driver was under the influence of alcohol and/or drugs at the time of the accident, that may be considered a violation that makes the policy ineffective.
The victim did not file a complaint at the time of the accident, or they did not obtain medical treatment: If a victim fails to obtain medical treatment immediately after the accident, the insurance company could claim that the injury happened at a later date. This is why it is important to seek medical assistance right away, even if you do not think you are injured. It is not uncommon for there to be a delay of symptoms for car accident injuries or even silent symptoms, such as internal injuries. This could cause a delay in filing a claim and just give the insurance company another reason to deny it.
The victim had a pre-existing condition prior to the accident: If the victim has a pre-existing condition, the insurance company may try to claim that it is that condition and not the accident that is causing the victim’s pain. However, there are many conditions that are made worse because of a car accident – such as someone who has back issues – and therefore the insurance company is liable for the victim’s losses. These can be especially complex cases and require the expertise of an insurance litigation attorney.
Contact an Insurance Litigation Attorney
If you have been injured in an accident caused by another party, it is crucial to your case to find an insurance consultant lawyer who will not just settle your case for an unfair low amount just so they can avoid litigation of your case. You need an attorney who not only is a skilled negotiator but is also an experienced and aggressive litigator who will take your case to trial if the insurance company fails to negotiate in good faith.