If you or someone you care about was injured by another driver’s negligence in a car accident, you’re likely counting on your car accident claim to cover the immense losses you experienced as a result. If the insurance company, instead, simply denies your claim, it can leave you feeling hopeless, and you may be inclined to give up. The good news is that the insurance company does not have the final say in the matter, and an experienced West Virginia car accident attorney can help you resolve your claim in accordance with the law, which ultimately means obtaining the compensation to which you’re entitled.
Understanding Why Claims Are Denied
While receiving the denial of a claim can feel final, it’s important to recognize that this is by design. Insurance companies are driven by profits, and denying claims helps them accomplish this primary goal. Every car accident claim is specific to the circumstances involved, and while each will ultimately reach its own unique resolution, there are several primary reasons why your claim may have been denied outright, including:
- The at-fault motorist may claim that it was your negligence, such as your distraction or excess speed, that caused the accident, and while this doesn’t make it so, it is a hurdle that you’ll need to clear.
- The insurance company may claim that there is inadequate evidence to prove their policyholder caused the accident.
- The insurance company may deny that you were injured as a result of the accident or may deny that you suffered losses that are addressed by the law.
- The insurance company may simply hope that you’ll be too overwhelmed to fight back, which isn’t uncommon in the aftermath of a violent car accident.
Regardless of the reason your claim was denied, reaching out for the skilled legal guidance of a formidable car accident lawyer early on can help.
Steps Forward
Seeking Legal Representation
The most important step you can take after a claim denial is to consult with a resourceful car accident lawyer. They will carefully assess your claim for strengths and potential weaknesses while helping you strategize the best path forward toward an optimal outcome. Navigating the legal intricacies of car accident claims – especially those that have already been denied – is challenging, but having skilled legal counsel in your corner greatly increases your chances of prevailing.
Requesting a Written Explanation
If the denial itself doesn’t clearly explain why your claim was denied, you can request a written explanation from the insurance company. This should outline their reasoning and could help you file a stronger appeal. Sometimes, denials are based on filing errors or discrepancies that can be cleared up, but either way, you’ll have more information moving forward.
Appealing the Denial
From here, it’s time to appeal the insurance company’s denial, and working closely with your seasoned car accident attorney from the start is advised. They will instigate the appeal process and will take the steps necessary to help effect a favorable resolution.
Gather the Necessary Evidence
Your trusted car accident lawyer will gather and skillfully compile all the evidence necessary to establish the required elements of a successful claim, including that the other driver owed you a duty of care, that the other driver breached this duty of care, that the other driver’s negligence was the direct cause of your injuries, and that you suffered legal damages as a result.
The matter of owing you a duty of care was established when the other driver got behind the wheel, which comes with the responsibility of protecting the safety of others on the road. Proving the other driver’s fault in your claim will likely come down to evidence like the following:
- The police report generated and any tickets that were issued
- Eyewitness testimony
- Dashcam footage and videos captured at the accident scene
- Physical evidence like skid marks and the positioning of the vehicles
- The expert testimony of professionals in relevant fields
- Accident reconstruction models that depict the details and mechanics of the accident
In addition, all the following can help establish the losses you experienced as a result of the other driver’s negligence:
- Your doctor’s report
- Your relevant medical records
- Photos of your injuries
- Your own account of how your life has been affected by the accident and the testimony of those who know you well, including in relation to your physical and emotional pain and suffering
- The expert testimony of medical professionals in relevant fields
- Your pay record from before and after the accident
- Your related medical bills
Negotiating with the Insurance Company
Once your attorney has built a strong claim on your behalf, they will engage in negotiations with the insurance company – in pursuit of a fair settlement that covers your physical, financial, and emotional damages. As long as the insurance company is committed to engaging in reasonable negotiations, you can count on resolving your claim fairly at this stage. If, however, the insurance company is not interested in giving an inch, your practiced car accident lawyer will be well prepared to file a lawsuit and ably advocate for your rights in court.
Reach Out to an Experienced West Virginia Car Accident Attorney for the Help You Need Today
Chirag Desai at Desai Law – serving both West Virginia and Pennsylvania – is a persuasive car accident attorney who is committed to fiercely advocating for the little guy, and if you’re up against a massive insurance company, you almost certainly fit this role. Chirag has the resources, experience, and drive not to back down in the face of the insurance company’s tactics and will tirelessly fight for your rights and for your rightful compensation. Learn more about what we can do to help by contacting or calling us at 304-974-1974 today.
