After a car accident, dealing with injuries and vehicle damage can seem like a lot, but you might find relief in knowing you could have a right to seek compensation for your damages. However, insurance claims are not always approved, even when they should be. When this happens, you might wonder what you can do to have your claim approved.
This blog guides you through your options if an insurance company denies your vehicle accident claim and explains why our lawyers are crucial allies in such a situation. Our attorneys at Terry Bryant Accident & Injury Law are well-versed in handling a wide range of serious injury claims and can guide you through the claims process. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.
Why Choose Terry Bryant Accident & Injury Law?
At Terry Bryant Accident & Injury Law, our legal team has dedicated their careers to helping car accident victims seek compensation. We will ensure your claim captures all of your damages and the at-fault party’s insurance company does not unjustly deny your claim. If your claim is denied in bad faith, we will take appropriate steps to understand the reason for the denial and appeal the decision.
We have successfully handled insurance claim denial appeals and have received fair compensation for our clients. Our attorneys are experienced, compassionate and will always protect your rights. Contact us now, we are here to help.
We fight for you so you can focus on your recovery and not worry about a denied claim.
Types of Car Accident Claims?
There are two main types of claims you can file after a car accident in Texas:
First-Party Insurance Claims
You can file this claim if you have personal injury protection (PIP) included in your insurance plan. With PIP, your insurance company will pay for all reasonable medical expenses and a portion of lost wages up to the policy limit. Although PIP is not included in liability insurance, insurance companies are obligated to offer it.
Aside from PIP, you can file a claim under collision coverage if you have it. Collision coverage covers all damages to your vehicle or personal property up to the policy limit.
Third-Party Insurance Claims
Texas is an at-fault state, meaning all drivers must have liability insurance. The latter is used to compensate the victim of an accident. If you sustain injuries in an accident caused by another driver’s negligence, you can file a third-party claim with their insurance company to receive economic and non-economic damages.
If the liability insurance will not cover the cost of your injuries and non-economic damages, you can file a personal injury lawsuit. You potentially have two years to take this action, so it’s best not to waste time going back and forth with insurers. Instead, seek legal advice and representation and get started on your case well before the deadline. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)
Understanding Insurance Claim Denials
Although there are instances where claim denials are justified, they are not very common. Insurance companies always protect their bottom line and sometimes go out of their way to deny a valid claim. At other times, they pay low settlements to increase their profit margin. A denied claim means no financial compensation is granted, so it is vital to understand why insurance companies deny claims.
The following are some of the common reasons for insurance claim denials:
- You Did Not File the Claim on Time: Insurance companies have a timeline for when claims should be filed. If you miss the time, your claim might be denied, making this a valid reason for denials.
- Failing to See a Doctor Promptly: Insurance companies often argue that an injury is less severe if the injured party failed to see a doctor immediately after the accident. As a result, they usually deny claims on this ground, even if the opposite is true.
- Lack of Proof of Fault: Insurance companies deny third-party claims for lack of proof of fault or for insufficient evidence. Therefore, you must provide evidence showing how the policyholder caused the accident.
- Lack of Proof of Your Losses: Aside from proof of fault, you must submit evidence of your losses to show you’re entitled to the requested money. Failing to provide sufficient evidence gives the insurance company a reason to undervalue your claim.
- You Made False Statements When Filing Your Claim: Lying on your claim is a reason for denial, and you might be accused of insurance fraud. Therefore, tell the truth and do not embellish the accident details unnecessarily.
Your insurer is obligated to tell you the reason for the claim denial so you know the steps to take to file an appeal, which we can help you with.
What Can I Do if an Insurance Company Denies My Vehicle Accident Claim?
This is a commonly asked question among accident victims. The following are steps to take if your vehicle accident claim gets denied:
Review the Denial
Denials of insurance claims are always in writing, so you must review the denial letter to know why the insurance company denied the claim and plan your next steps.
Review Your Policy and Coverage
After understanding the reason for the denial, review the content of your insurance policy to see if the insurance company made a mistake in denying your claim.
Gather Evidence
If you believe the denial lacks merit, you must collect new evidence to support your claim and refute the reasons for the denial. Depending on the proof submitted earlier, you might need fresh copies of the following:
- Photos and videos from the accident scene
- The police or accident report
- Proof of traffic violations
- Eyewitness statements
- Accident reconstructionist’s report.
You can also supply any evidence you did not provide before that you believe will benefit your appeal.
File an Appeal
You can appeal a denied claim in writing, stating why you believe the denial was wrong and your claim should have been approved. Include supporting evidence. If you’re appealing a first-party claim, you have to follow your insurer’s procedure. You can also turn to the Texas Department of Insurance (TDI) for help.
For third-party claims, you can send the appeal letter to the at-fault party’s insurer. If they refuse to resolve the claim, you can file a personal injury lawsuit. Insurance companies have deadlines for filing an insurance claim denial appeal, and once you miss the time, they might not entertain your appeal.
Consult a Car Accident Lawyer in Texas
Dealing with insurance companies is always challenging and requires experienced attorneys. Even if you take all the above steps, the insurance company might still refuse to honor your claim. When you have a car accident lawyer, they take your claim more seriously and you stand a better chance of negotiating a fair settlement.
Why You Should Hire a Car Accident Attorney
Insurance companies know it’s serious business when claimants have legal representation. The insurance company will be less likely to trample your rights, offer a lowball settlement, or deny your claim without a justifiable reason. However, if your claim has been rejected, there are several benefits to having a lawyer when commencing the appeal:
- Experience With Complex Claims: Our lawyers have experience with complex claims, especially those involving significant damages.
- Negotiation Skills: Insurance companies are always concerned about their bottom line, but with our negotiation skills, you stand a better chance at a fair settlement.
- Trial Experience: If negotiations don’t work, we can help you file a lawsuit, present a strong case in court, and represent your interests throughout the process.
- Legal Knowledge: Our attorneys understand how the auto accident insurance system works in Texas and the applicable laws, and we will utilize this knowledge to fight your case.
You don’t have to deal with a denied claim alone. Let us help you navigate the appeals process and protect your interests.
Denied Claims and Bad Faith Claim Handling
Many denied claims are due to bad faith by the insurance company. Bad-faith occurs when an insurance company fails to honor its obligations to its clients, either by refusing to pay a policyholder’s legitimate claim or investigating and processing a policyholder’s claim within a reasonable period.
Insurance companies also act in bad faith when misrepresenting insurance contract language to avoid paying claims. Other examples are failing to provide reasons for a denial, ignoring information or evidence that supports a claim, or offering an unreasonably low settlement amount.
If you suspect that your insurance company or that of the at-fault party is acting in bad faith, take legal action immediately. Our attorneys are always available to listen to you and provide guidance.
Was Your Auto Accident Insurance Claim Denied? We Can Help!
If your auto accident insurance claim was denied, our attorneys at Terry Bryant Accident & Injury Law can help. We will help you understand your rights, review your policy, gather any necessary proof, and file an appeal or lawsuit. Contact us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review and learn more about how we can serve you.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
