In the bustling borough of The Bronx, car accidents can be a common occurrence, leaving individuals with physical injuries, emotional distress, and financial burdens. When involved in a car accident, one of the first steps taken by many is to file an insurance claim in the hope of receiving compensation for damages. However, what happens when that insurance claim is denied? In this blog post, the Kohn Law Firm will shed light on the steps to take if your car accident insurance claim is denied and how to protect your rights. If you’ve been injured in a crash in The Bronx and need help getting compensation for your injuries, call our office at 718-409-1200 for a free consultation to see how we can help you.
Understanding the Denial
When your car accident insurance claim is denied, it’s important not to panic or give up. Insurance companies deny claims for various reasons, and it doesn’t necessarily mean you won’t receive compensation. Understanding the grounds for denial is crucial. Common reasons for denial include:
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Insufficient evidence: The insurance company may claim that there isn’t enough evidence to prove liability or the extent of your injuries.
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Policy exclusions: Certain policy exclusions may apply to your situation, such as a specific type of coverage not included in your policy or a named driver exclusion.
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Missed deadlines: Failing to report the accident promptly or missing filing deadlines can result in a denial.
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Disputed liability: If fault for the accident is disputed, the insurance company may deny the claim while they investigate further.
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Delay in treatment: If you failed to seek prompt medical treatment or didn’t follow medical advice, the insurance company might turn down your claim for medical bills.
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Exceeding policy limits: If your claim for damages exceeds the limits of the policy, the insurer could limit or deny the claim.
There can be many other reasons as well. Note that some of these excuses are inapplicable depending on whether you are filing a no-fault insurance claim under your Personal Injury Protection coverage or a claim against the negligent driver’s insurance if they were at fault in causing a “serious injury” under New York law.
Steps to Take After a Denial
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Review the Denial Letter: Start by carefully reviewing the denial letter you receive from the insurance company. It should outline the reasons for the denial and provide instructions on how to appeal.
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Consult an Attorney: Contact a reputable personal injury attorney with extensive experience in car accident cases. They can help you evaluate the denial and determine if you have a valid case for an appeal.
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Gather Additional Evidence: Your attorney will assist you in collecting additional evidence to strengthen your case. This may include obtaining medical records, accident reports, witness statements, and expert opinions if necessary.
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File an Appeal: Your attorney will help you draft a strong appeal letter addressing the insurance company’s reasons for denial. This letter will present your case in the most favorable light, highlighting evidence that supports your claim.
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Negotiate with the Insurance Company: Often, a well-prepared appeal can lead to a favorable outcome without the need for litigation. Your attorney will negotiate with the insurance company on your behalf to secure a fair settlement.
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File a Lawsuit if Necessary: If negotiations fail to reach a satisfactory resolution, your attorney may recommend filing a lawsuit. This is a last resort, but it ensures your rights are protected and your case is heard in court if needed.
Protecting Your Rights
Protecting your rights after an insurance claim denial is crucial to getting the medical care and financial compensation you need. The Kohn Law Firm has been handling personal injury cases in The Bronx for more than 30 years and has a long record of helping clients obtain the compensation they deserve. Experiencing a denied car accident insurance claim can be daunting, but it’s not the end of the road. Remember, you have rights, and our legal team is here to help you uphold them. Call 718-409-1200 for a free, confidential consultation. No recovery, no fee.