You made
an insurance claim after your auto accident and then you received a letter
stating that your claim was denied. Every situation is different but we have
listed some common reason that insurers give for denying claims below:
The accident was avoidable
If you could have avoided the accident, or if
you did something that led to or caused it,
then you may have your insurance claim denied.
Policy Exclusions
Certain types of injuries are excluded from
insurance polies and are often listed in fine print. There are cases where
denials of coverage are based on a technicality that is briefly described in
the policy.
There was no complaint or treatment at the time of the
injury
If you claim that you got injured as a direct
result of the car accident, it is imperative that you go and get treatment
right away. Otherwise, the insurer may argue that the injuries did not happen
as a result of the accident or that the injuries are not related to the
accident. If you have proof that you went to the hospital immediately after the
accident and your injuries were diagnosed then, you will have a much stronger case than if you wait. If you delay, this may make the insurer
believe that the injuries are made up or exaggerated to try to get a payout. Most
people who are genuinely hurt do get medical care immediately.
Limited of No Medical Records
If you do not have medical records that
indicate you actually suffered an injury, then your claim is very likely to be
denied since you cannot prove you will be entitled to any damages. With
incomplete records they may also be denied.
Pre-existing condition
If you have a pre-existing condition, the
insurance company may claim that the injury did not occur on the date of the
alleged accident, but is attributable to some preexisting injury or health
problem.
Options after Injury Coverage Denial
If you received a notice of denial, you need to talk to your
insurance company as soon as possible to find out what went wrong with your
claim and what you need to do to fix it. An insurance company owes the
insured a duty to act in good faith. They may breach this duty by failing to
investigate a claim, failing to negotiate a settlement or unwarranted denial of
injury claims.
If
you have to file an insurance claim for any
reason, chances are you already have suffered enough. We work to help you make
sure you do not suffer again at the hands of your insurance company. Call Hopkins, Barvié & Hopkins,
P.L.L.C. if you have been denied a legitimate insurance claim we
will evaluate your claim at no cost or obligation. With
more than 66 years of combined legal experience, our attorneys offer clients
throughout Mississippi the representation they need.
Contact us online or
call 228-864-2200 to schedule your free initial consultation with
an experienced lawyer.
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