The result of a car accident is not easy to predict. Even the most experienced car accident attorneys might have trouble explaining to you what will happen with your case. It really is a toss-up as to what the insurance company is going to do for you. Once the claim is filed by your attorney with the insurance carrier it’s a wait-and-see game after an Atlanta car accident. There are tough laws in Georgia that govern insurance companies but it doesn’t mean they will approve your claim. It’s not the end of the road if your insurance claim has been denied after an car accident in Atlanta. Below you will find the steps to take if the claim has been turned down by the insurance company.
Examine the Reasons for the Claim Denial
The most important thing you can look at after a claim denial is the reasons or reasons why the claim was denied. Having an understanding as to why the claim was denied will help you determine if you can appeal the denial. Some of the most common car accident insurance claim denials occur because of the following:
- Late premium payments have resulted in a lapse in coverage
- The insurance policy you have does not cover the type of claim you filed
- Errors made by the insurance company when forwarding your claim
- The claim was filed on a new vehicle that had yet to be added to the policy
- Lack of coverage from the policy
- The damages aren’t covered in full due to them exceeding the limits of the policy
- You filed an uninsured motorist claim and the other driver wound up having insurance coverage
Legal Options You Have When a Claim is Denied
There are only a few options available to you when an Atlanta car accident insurance claim has been denied. They include the following:
- File a Bad Faith Claim Against the Insurer: Do you get the feeling that the insurance company is bullying you by denying your claim or acting in bad faith? If so, it’s time to consult an attorney about filing a bad faith claim against the insurer. Should you appeal the claim and provide ample evidence as to why it should be approved, most insurance companies will be open to a discussion with you and your attorney.
- Write a Letter Explaining Any Mistakes: Another option you have before taking serious action is to write a letter explaining any mistakes. This is also best done with the help of an attorney. Make sure you include plenty of evidence backing your claims, including pictures from the crash, medical test results, prescriptions, police reports, expert testimony, notes from doctors and more. Insurance companies must make a decision about any appeal within 60 days of receiving medical treatment, within 30 days for treatment not yet received, and within 72 hours for an appeal related to a claim for urgent care.
- File a Lawsuit: The third option you have when a claim is denied is to file a lawsuit against the others involved in the accident that left you injured. Make sure the other party you wish to sue was negligent in the accident before filing the lawsuit.
Seek Legal Help for a Denied Car Accident Claim
If you or a loved one has been injured in a car accident in Atlanta and had their insurance claim denied, it’s time to speak with an experienced personal injury attorney. Call the team at Schnipper Law, P.C. to schedule a free consultation at 404-458-9507 today.