Can I Still Recover if My Car Accident Claim is Denied?

If you get into a car accident in Georgia, your best way of getting compensation is through insurance. If the accident was your fault, you’ll have to file a claim against your own insurance. However, if the accident was the other driver’s fault, you’ll need to file one against their policy. Most of the time, car insurance claims are paid without a problem. Usually, you’ll receive your check a week or two after you submit your claim. But this isn’t always the case. Sometimes, your claim is denied by the insurance company.

They could do this for any number of reasons. It really comes down to two things:

  • Do they think their client is at fault?
  • Do they think they can settle for less than your claim?

If they think their client is at fault, they’ll probably pay your claim. But, if they think that you caused the accident, they won’t pay a dime. Likewise, if they think they can settle for less than what you’re asking for, they’ll hold out and wait for you to file suit.

Your Fayetteville car accident lawyer can help make sure your claim is handled properly.

Why Would the Insurance Company Deny Your Claim?

If your insurance claim is denied, you’ll get a denial letter in the mail. It will give a rather generic reason for why you weren’t paid. If you call and are able to get through to the insurance adjuster, he may even give you a reasonable excuse for the denial.

However, if your car accident lawyer in Fayetteville, Georgia calls, he’ll probably get the real reason why the claim was denied. Lawyers have a long-standing relationship with insurance adjusters and know how to get through to them. If anyone can find out what’s going on with your insurance claim, it’s your lawyer.

There’s usually a very clear reason why your claim was denied. These reasons include:

  • The policy wasn’t valid
  • The policy had lapsed for non-payment
  • The driver wasn’t listed on the policy
  • You didn’t file your claim in time
  • The insurance company doesn’t believe you were hurt
  • They think you caused the accident
  • You have a history of filing false claims

Obviously, no insurance company is going to pay a claim on an invalid policy. They’d go bankrupt if they did. But, for any of the other reasons, you may have a good chance at appealing your case. And, if this doesn’t work, your car accident lawyer in Fayetteville will file a lawsuit on your behalf.

What is the Company Still Refuses to Pay Your Claim?

Sometimes, no matter how hard your lawyer tries, the insurance company may still refuse to pay your claim. They may have a feeling they can settle for less than the full amount in court. And, this could be true.

If your claim isn’t paid, your lawyer will have no choice but to file a lawsuit on your behalf. Your lawsuit will include damages for the following:

  • Medical bills
  • Lost wages
  • Property damage
  • Pain and suffering
  • Permanent disability

The more serious your injuries, the higher your damages. Your claim will more than likely be settled. More than 95% of all personal injury cases get settled before trial. Nobody wants to go to trial. Trials are expensive and time-consuming. And you face the risk of losing. It’s really better for everyone if an agreement can be worked out before you have to go to court.

Your Fayetteville car accident attorney will work hard to get you the compensation you deserve.

Contact a Car Accident Lawyer in Fayetteville Today

Normally, if you get into a car accident, you don’t have to worry about your insurance claim getting paid. Most of them are paid without incident. Every now and then, however, the insurance company finds some reason to deny your claim.

If this happens to you, it’s in your best interest to call a car accident lawyer in Fayetteville. Your lawyer can reach out to the insurance adjuster and find out why your claim has been denied. He can also try to negotiate a settlement of your claim.

Call and schedule your free initial consultation today. You can sit down with an experienced lawyer who can answer any questions you may have. He can also review your case and let you know what it may be worth.

The consultation is free and you pay nothing until your case is settled.

View these other frequently asked questions pages:

Can Someone be Liable for My Car Accident if They Were Driving Too Slow?


How Do You Prove Damages in Your Georgia Car Accident Claim?


Does it Take Long to Settle a Car Accident Lawsuit in Fayetteville?