The Insurance Company Refuses to Pay My Car Accident Claim

Written by Jeremy D. Earle, JD

May 14, 2022

Experienced Colorado Springs Car Accident Lawyers

DEALING WITH DENIED INSURANCE CLAIMS

You should fight back if an insurance company refuses to settle your car accident claim. Following an initial rejection or refusal by the insurance provider, it is up to you to take action.

A claim investigator has already acquired enough information to sustain a denial position in court when he or she officially refuses to pay for your physical injuries and/or property losses.

The insurance investigator may finally be willing to negotiate, but they are unlikely to accomplish anything unless you take action. They may expect you to just give up and go after the investigator has formalised your culpability rejection.

DO NOT SURRENDER.

When an insurance company refuses to settle your car accident claim, you have options, and we can assist.

AVOID EMOTIONAL REACTIONS AFTER YOUR INSURANCE COMPANY REFUSES TO PAY YOUR CLAIM

When an insurance company declines a claim, an injured person’s first reaction is usually fury. When you find that an insurance company refuses to pay for your injuries, anger is a natural emotion, but it seldom helps you reverse the decision. Insurance companies often deny claims. They’re accustomed to rage, ranting, and threats of legal action in the future.

Employees in the claims department strive to avoid furious outbursts, but they seldom modify their opinions once they’ve made up their minds. Even novice adjusters can see that you aren’t serious about fighting back unless you take legal action to recoup your losses.

Don’t simply get enraged; seek legal assistance. Make the insurance companies pay attention by channelling your emotions into action. You will receive their attention and the results you deserve if you have an experienced accident injury lawyer on your side.

A PERSONAL INJURY ATTORNEY CAN ASSIST

When an insurance company refuses your claim, and you don’t fight back, it considers it a win. If you present fresh facts, more data, or a legal theory that pushes them to reevaluate their initial conclusion, companies will change their stance. Insurance companies are required by law to keep a reserve on their books, but the person handling your claim just shuts it out

 

and waits for the statute of limitations to lapse.

Many individuals opt not to fight back since the complex problems and the procedure is sometimes difficult. Insurance companies recognise this.

You shouldn’t simply walk away from a denial if you were gravely injured and feel someone else is to blame for your injuries. When you call SWarrior Car Accident Lawyers, we examine your case to see how we can assist you.

We’ve represented several wounded people and assisted them in resolving coverage and liability difficulties. We’ve also successfully recouped damages from insurance companies that had previously dismissed our customers’ claims.

WHY DOES YOUR INSURANCE COMPANY DENY YOUR CLAIM?

You won’t be able to defend your claim rejection until you understand why the insurance company first refused to pay your claim. You need additional information, and you need it in writing; if you just have a hazy concept, why won’t you pay your car accident claim.

Claim departments routinely send out a letter detailing the reason for claim rejection. If you didn’t get a formal explanation, contact the claim agent who declined your claim and ask for a letter explaining why he or she made that decision.

Request a second copy if you already got a refusal letter and lost it. Because rejection letters often include insurance jargon and complicated legal terms, you should speak with a personal injury attorney to ensure that you fully comprehend the contents of the letter.

Colorado law requires insurance firms to follow specified claim processing guidelines. Several legislative rules govern the connection between the insurance company and the insured. Some of the principles also apply to your responsibility claim as a third-party beneficiary, such as:

Insurers must follow adequate claims investigation standards; they cannot reject a claim without conducting a reasonable inquiry, and they must recognise communications and respond quickly.

For several reasons, insurance companies decline claims. They must have proof and coverage information to back their decision, whether they choose to pay or reject your claim. When you provide the knowledge that contradicts their conclusions, they are forced to reexamine their reasoning.

EVEN PIP IS PRIMARY IF THE OTHER DRIVER IS AT FAULT.

The liability carrier in Colorado and other no-fault accident jurisdictions have no immediate obligation to pay an injured person’s damages. When you are injured in an car accident, your own insurance company should pay your medical bills and lost wages under your no-fault Medical Payments policy. If you have a driver’s license or your car is registered in Colorado, you must carry the state’s minimum PIP coverage limits, which are

 

$10,000 per person for medical and disability compensation and $5,000 for death benefits. To cover damage to cars and other property, you must also carry $10,000 in property damage liability coverage.

Your PIP payments take precedence even if the other motorist is at fault. Your insurance company will cover 80% of your medical expenses if you seek treatment within 14 days of the accident. Your PIP coverage also covers 60% of your lost wages.

ONLY IF YOU SUFFER INJURIES THAT ARE DEFINED BY COLORADO LAW, SUCH AS:

Significant and permanent loss of an important bodily function,

Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, and

Significant and permanent scarring or disfigurement, you have the right to file a liability claim against a responsible driver.

Death

WHAT OPTIONS DO YOU HAVE?

You may provide proof that you’ve reached one of the appropriate injury levels by presenting paperwork. If the liability insurance company still rejects or refuses to pay your car accident claim, the rejection should include a discussion of the additional difficulties.

THE AT-FAULT DRIVER IS UNDERINSURED.

An auto policy is a contract between a motorist and his or her insurance provider. The policyholder must pay the premium and follow the insurance contract’s terms and obligations to keep coverage. Failure to do so is often seen as a violation of contract, and a carrier may reject or cancel coverage as a result.

Suppose the car liability coverage was not valid at the time of the accident. In that case, the insurer has no obligation to safeguard the legal rights of its former insured or to pay claims on his or her behalf. The following are some of the reasons why an insurance company can refuse to cover an insured person in the event of an accident.

The insurance does not cover the other motorist’s policy’s date, time, circumstances, car, driver, or any specified coverage criteria.

Before the accident, the policy had expired, or the insurance provider had terminated it due to non-payment.

Neither the driver nor the listed insured cooperated with the inquiry.

 

Fraud is suspected by the claims department.

By delaying the first claim report, the identified insured or the driver compromised the inquiry.

The accident happened when the driver was conveying people for a charge, such as with Uber or Lyft, or during an excluded conduct, such as an intentional act. At the same time, the car was being stolen, or while the car was being stolen.

WHAT OPTIONS DO YOU HAVE?

You have a little probability of winning damages if the other driver’s insurance company declines your claim due to a coverage problem.

Whether a ridesharing business employed the other driver, contact the firm’s corporate headquarters to see if it has liability insurance that would cover your collision.

Make a claim with your insurance carrier for uninsured motorist coverage. Although UM coverage isn’t required in Colorado, if you have it, your insurance will pay the responsibility of the at-fault motorist. The insurance covers the damages that PIP does not cover. General injurys such as pain and suffering, scars, and lifelong disability are among them.

THE INSURANCE COMPANY QUESTIONS LIABILITY.

Insurance companies often decline claims owing to a lack of evidence of guilt. One driver’s account may vary from that of the other. Both drivers’ accounts are similar in certain circumstances, but the insurance companies view the facts differently.

Because Colorado liability insurers pay damage claims based on pure comparative fault legislation, it should be impossible for them to reject culpability. In certain circumstances, insurance firms may utilise disputed culpability as a negotiating tactic to force wounded individuals to accept a low settlement.

An insurance company uses evidence to assess blame in pure comparative fault. Because the Comparative Fault legislation acknowledges that many people might be at fault in an accident, the drivers often share the blame.

When an insurance company settles an accident claim, the injured person’s damages are reduced depending on his or her degree of fault. Even if the insurance company determines that you are 90% at fault for an accident, you should still be compensated for 10% of your losses.

An at-fault motorist may allege that a car flaw or poor repair was the direct cause of an accident on rare occasions. A liability insurance provider may choose to withhold coverage, claiming that the manufacturer or repair firm is entirely to blame.

 

WHAT OPTIONS DO YOU HAVE?

You or your attorney may negotiate with the insurance company to reach an agreement. Due to the flexibility afforded by Colorado’s comparative fault legislation in determining guilt, an insurance company recognises that a court may see things differently. Even if the firm feels its insured has little or no guilt, the expense of actually trying the case may be higher. The corporation will be responsible for defence expenses and may face a large judgement against its insured.

Your lawyer may launch a product liability claim on your behalf: When a car manufacturer’s or repair company’s poor goods or fixes cause an accident, they are accountable. A personal injury lawyer can help you determine whether your situation qualifies you for a lawsuit based on breach of warranty, carelessness, or strict responsibility.

THE INSURANCE COMPANY IS INQUIRING ABOUT YOUR ACCIDENT

When an injury or its severity is questioned, insurance companies refuse claims. This happens when an injured person’s diagnosis is inconsistent with the event’s severity or when medical expenditures are high. Because soft tissue injuries and whiplash are subjective and difficult to prove, insurance companies often doubt them.

Suspicions grow when injuries don’t respond to typical therapies, and the doctor determines they’re permanent. Permanency permits a person who has been injured to claim for losses that PIP does not cover.

When an activity check, social media inquiry, or video surveillance reveals what they perceive to be proof that your injuries aren’t real or as bad as you say, insurance companies may consider refusing your claim. If a Commercial Index Bureau data search reveals a history of comparable claims, they may deny your claim.

If you fail to reveal earlier accidents or injuries during the first inquiry, the information will be used against you by a liability carrier who discovers them. They’ll attempt to dismiss your claim or minimise the worth of your injuries. If your case goes to trial, they could use it to paint you as an untrustworthy witness.

WHAT OPTIONS DO YOU HAVE?

To prove your injury, rely on your doctors and their medical knowledge. Unless it has expert evidence to back up its injury claim, the liability insurance company will have to negotiate a settlement or defend its position in court.

If you’ve had previous injuries, be aware of their impact on your present disability. When a recent accident aggravates a past ailment, you still have a legal entitlement to compensation.

 

THE INSURANCE COMPANY SUSPECTS FRAUD.

It may be both insulting and frustrating when an insurance provider accuses you of fraud. Claim investigators are in charge of spotting fraudulent claims. Until they determine differently, they regard every claim as potentially fraudulent. Every wounded claimant’s financial status, income, injuries, and accident circumstances are examined. They may dismiss your claim if they discover a series of circumstances that point to fraud.

Insurance companies paid out an average of $30 million in fraudulent property and casualty claims per year, according to a 2017 analysis by the Insurance Information Institute. That’s around ten per cent of the total amount paid out in claims. Because it’s such a large number, insurance firms are always on the lookout for symptoms of fraud.

WHAT OPTIONS DO YOU HAVE?

You may state your case and wait for the insurance company’s doubts to be cleared up. When an injured individual pushes too hard to get their claim handled fast, it’s sometimes misinterpreted as fraud. You may be able to locate an attorney who will act on your behalf.

A CAR ACCIDENT ATTORNEY CAN ASSIST YOU

If your car accident claim has been refused, the best thing you can do is contact an expert car accident lawyer. A lawyer who specialises in car accident cases can assist you in developing a plan to get the compensation you need and provide you with choices on how to fight a car accident claim denial and obtain the cash you require to get your life back on track.

Insurance companies will not take advantage of you if you have a car accident lawyer on your side, and they will respect your right to compensation. A qualified attorney can also assist you with negotiations, accident investigation, contacting specialists, and counselling you on your legal rights.

Finding a car accident lawyer may be scary, particularly because you will certainly be in serious financial problems. Fortunately, most car accident lawyers operate on a contingency fee basis, which means they only get paid if they successfully get you compensation. This charge is deducted as a percentage of your compensation, ensuring that they have a vested interest in obtaining you the full value of your claim.

WARRIOR CAR ACCIDENT LAWYERS CAN HELP YOU WITH YOUR INSURANCE CLAIM

For a variety of reasons, an insurance company may refuse your injury claim. The problems are often too complex to manage on your own. Warrior Car Accident Lawyers has the knowledge and expertise to deal with your claim issues and help you handle your case.

Our lawyers have developed successful methods with the help of our firm’s resources. We

 

have fought hard to overcome insurance company rejections and get compensation for our clients who have been wounded. We’d appreciate the chance to see whether we can assist you.

Please contact us at one of our nearby locations if you need help with any form of an insurance claim. With the present coronavirus epidemic, Give us a call or go online to learn more about your claim. We can help with car accident claims to Covid-19 business interruption insurance claims at Warrior Car Accident Lawyers.

We are a multi-state personal injury practice with offices in Colorado, Massachusetts, New York, Texas, and Georgia. Warrior Car Accident Lawyers may be reached at 719-300-1100 or via our online contact form. We’ll set up a free appointment to discuss your situation.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

Free Consultation

NO FEE UNLESS WE WIN

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