You’ve just been injured in a car accident, you are unable to work and have medical bills stacking up, and you just found out your insurance claim was denied. Unfortunately, a lot of car accident victims find themselves in this distressing situation. Although the insurance company has the right to deny your claim, they are required to give you a valid reason for doing so. The issue is that insurance adjustors will often use any excuse, such as claiming you were at fault for the accident, to reject a claim because they know that most car accident victims are unaware of their right to compensation. If you find yourself in this situation, reaching out to the experienced Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp is in your best interest. We have nearly five decades of experience helping car accident victims maximize their financial compensation. Call us today to schedule a free consultation.
What Excuses Might Be Used to Deny My Car Accident Claim?
The excuses that are most frequently given for the denial of car accident claims are:
Your Car Accident Claim is Invalid Because the Accident Was Your Fault
The very first thing the insurance adjuster is going to do once you file your claim is deny that their policyholder is liable for the accident. Then, they will try to shift some of the blame for the crash onto you. Due to Virginia’s “all or nothing” pure contributory negligence laws, if they are successful in doing so, you will be unable to collect any compensation.
Although establishing fault for some auto accidents is fairly straightforward, proving fault for others is extremely complicated. A thorough investigation of the accident must be carried out before the insurance adjuster can deny your claim. Merely pointing the finger at you before they have even investigated is not enough to deny your claim.
Our lawyers can help you gather evidence that proves the other driver was at fault, such as:
- Eyewitness statements
- Police crash reports
- Videos and pictures from the accident scene
- Documenting the damage to your vehicle
Your Injuries Are Not That Serious
Another excuse that insurance companies like to use is claiming that your injuries are not as serious as you are making them out to be or that you are not actually injured at all. They might say that your accident was minor so it is not possible for you to have been badly injured. This is especially true of accidents that occur at low speeds.
Unfortunately, people can be seriously injured in minor crashes, and even minor injuries could still necessitate numerous doctor appointments and physical therapy, which are expensive and can cause you to miss work. If another driver caused your car accident, you could be eligible to recover financial compensation for your medical bills, lost earnings, and other damages.
A knowledgeable Virginia Beach car accident lawyer will know the most effective way to show that you were injured, such as acquiring your medical records and consulting with medical professionals. Documentation that can be used to prove the severity of your injuries includes:
- X-rays
- CT-scans
- MRIs
- Records from your physical therapist
- Notes from your doctor
- Prescriptions
Your Injuries Were Pre-Existing
When the previously listed attempts prove unsuccessful, the insurance adjuster might claim that you were injured before the accident or that your injuries are only as bad as they are because of a pre-existing condition.
Although having a pre-existing condition or injury might make your case more complicated, it does not make it invalid. If you have a pre-existing condition or you were injured before your car accident, you likely have extensive medical records that show how your recovery was progressing or what effects your preexisting condition had on your health and well-being. Your doctor will be able to demonstrate how your recent accident worsened your original injuries and how your recent injuries were worsened by your pre-existing condition.
You Took Too Long to File Your Claim
Another excuse that is often used by insurance adjusters to deny a claim is that you took too long to file. While insurance companies are allowed to set deadlines for filing claims, they are not allowed to impose timelines that are unreasonable. While filing your claim as quickly as possible is important, it is equally essential to protect its value by working with an experienced lawyer.
Was Your Car Accident Claim Denied?
Insurance companies will often use multiple excuses to try and deny your car accident claim. The Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp have been building strong cases and recovering maximum compensation for our injured clients since 1985 like the $1.85 million wrongful death settlement we obtained for the family of a Navy serviceman who was hit and killed by a negligent truck driver. If you were injured due to another person’s negligence, we can help. Call (833) 997-1774 or fill out our easy online contact form to schedule your free consultation. We have offices in Virginia Beach, Norfolk, Portsmouth, and Hampton.