You suffered injuries or significant property damage in a car accident in Arizona, but your insurance claim was denied. Now what? Without the funds from the insurance claim, you may have a hard time paying for medical care or handling your normal bills due to the loss of income after the accident. Working with an experienced car accident attorney at Hutzler Law can provide you with more information about your rights following a car accident.
What Should I Do After My Car Insurance Claim is Denied?
You have the right to appeal a claim denial. If your insurance claim is denied be sure to avoid responding aggressively, speak with an attorney as soon as possible, and collect evidence regarding injuries and damages sustained in the accident.
If your car insurance claim was denied, reach out to Hutzler Law at (602) 730-4530 to discuss your rights and how you can increase your odds of recovering compensation for your damages.
Reasons for Insurance Claim Denial
When the insurance company denies your claim, you will often receive a reason for the claim denial. An experienced car accident lawyer can help you determine why your claim was denied and how you can fight that claim. Often, a car accident lawyer can help you quickly and effectively turn around a claim denial.
Lack of Evidence
In many cases, car insurance companies will deny an insurance claim due to lack of evidence. Typically, insurance companies need evidence of both the accident itself, including who bears liability for it, and any damages you suffered as a result of the accident. Inadequate evidence, especially if the insurance company has requested additional evidence but not received it, can cause the insurance company to deny your claim.
In some cases, inadequate evidence can also mean that the car accident seems to have occurred due to someone else’s negligent actions, or even that you caused the accident. Providing more extensive evidence can help better showcase liability and allow you to pursue compensation for your damages.
Coverage Lapse or Gaps
Insurance companies may deny car accident claims because the liable party does not have insurance to cover the specific incident for which you are claiming compensation. In some cases, that may be because of a coverage lapse: if the liable party did not have insurance at the time of the accident, the insurance company will generally refuse to cover it. In other cases, the liable party may have specific gaps in coverage that prevent the insurance company from offering compensation for a specific accident.
If you need to file a claim through your own insurance company, you may also have your claim denied due to coverage gaps. Auto insurance companies offer several different types of coverage, and the compensation you can recover and when you can recover that compensation often depends on the type of coverage you have. Coverage includes:
- Liability coverage. While liability coverage will compensate another party if you cause an accident, it will not take care of damages to your vehicle or any injuries you suffer.
- Collision coverage. If you are liable for an accident, collision coverage will cover both damages to your vehicle and damages to the other party’s vehicle.
- Comprehensive coverage. Comprehensive coverage covers non-collision damage, like theft or vandalism, to your vehicle. It may also cover weather disasters. However, your policy may have specific coverage gaps or areas where it does not offer coverage.
- Uninsured motorist coverage. If you get into an accident with an uninsured driver, your own uninsured motorist coverage will offer compensation for your damages.
- Underinsured motorist coverage. Minimum Arizona insurance provides coverage for up to $25,000 for a single person suffering bodily injury in an accident and $15,000 for property damage in an accident. Underinsured motorist coverage provides compensation when your damages exceed that amount.
- MedPay coverage. If you suffer injuries in an accident, MedPay insurance kicks in to help cover the cost of medical treatment.
If you do not have the right type of insurance coverage for your specific claim, the insurance company may refuse to offer compensation for your injuries or the other damages you sustained. Furthermore, if you have allowed your policy to lapse, it typically will not cover the damages from an accident. A lawyer can review your claim and coverage and help you determine whether you have the right to compensation based on your policies.
Contesting the Cause of Your Injuries
Many car accident injuries can also appear to come from another source. If you did not seek medical treatment immediately after your accident, the insurance company may claim that you suffered your injuries at another time. For example, suppose you suffered a back injury, like a herniated disc, in the accident. That type of injury can occur due to a variety of circumstances. If you do not have medical evidence that the injury resulted from the car accident, the insurance company may attempt to deny your claim based on that lack of evidence.
Contesting the Extent of Your Damages
As part of your car insurance claim, you will provide extensive evidence to the insurance company about the damages you sustained in the accident, particularly when it comes to injuries. The insurance company will look over that evidence to determine what compensation you deserve. However, the insurance company may dispute the extent of the damages you suffered in the accident, especially in cases where it may prove difficult to establish the full extent of your injuries. For example, in cases of back or neck pain, it can prove difficult to show exactly what injury you sustained. The insurance company may, therefore, deny a claim that includes extensive medical treatments, especially if you have not provided adequate medical evidence.
Insurance companies often try to minimize the compensation they have to pay out after an accident as much as possible. By working with a car accident lawyer, you can fight to appeal your claim.
What To Do After an Insurance Claim Denial
If you receive an insurance claim denial, do not panic. Get in touch with an experienced Arizona car accident lawyer as soon as possible. Keep all documentation related to your claim, including the denial letter from the insurance company and any medical bills or medical records that may come in as you deal with the recovery period. A lawyer can help you appeal the claim or learn more about your rights.
How to Get Coverage After an Insurance Claim Denial
An insurance claim denial can cause a great deal of financial difficulty. Fortunately, there are several options that can help you with financial coverage after a claim denial.
Appeal the Claim
Start by appealing the insurance claim. A claim denial is not necessarily the insurance company’s final answer. When you have a personal injury lawyer on your side, you can often appeal the claim and get a different result. An appeal can take time, but it will often end with the compensation you need for your damages.
Use Your Insurance Coverage
In some cases, you may have insurance that will help cover the damages related to a car accident. If you have collision insurance, for example, it may help with immediate coverage for the damages sustained in the accident, and your insurance company will seek compensation from the liable party’s insurance company. If you have MedPay coverage, it will cover the cost of treatment for your injuries regardless of who caused the car accident. Your health insurance will also provide coverage for many of the medical treatments required after a car accident, especially the long-term cost of treatment.
When you talk to a personal injury lawyer, your lawyer will review your own insurance coverage to determine what compensation you can recover through those policies as well as the other party’s insurance coverage.
Identify Other Liable Parties
Sometimes, your car accident may involve more than one liable party. Even if one insurance company denies your claim, you may have the right to pursue compensation from another. For example, if you have an accident with a driver on the clock at the time of the accident, and that driver bears liability for the incident, you may have the right to recover compensation from the liable party’s employer. Your car accident lawyer will conduct a full investigation of all factors that contributed to the accident and give you a better idea of how you can pursue compensation for those damages.
Get Help with an Arizona Insurance Claim Denial
At Hutzler Law, we strive to help all our clients recover the compensation they deserve following a car accident. If your insurance claim was denied, contact us at (602) 730-4530 to discuss your rights and how we can help you appeal the claim.
Jason Hutzler
Jason Hutzler is the founding partner of Phoenix personal injury law firm Hutzler Law, and represents individuals throughout Arizona. His practice is primarily dedicated to personal injury and car accident claims, leveraging his deep expertise as a former insurance adjustor to navigate the complexities of insurance negotiations.