blog home Car Accidents What Happens If Your Insurance Claim is Denied?

What Happens If Your Insurance Claim is Denied?

By Butler Prather LLP on November 10, 2021

Anytime an individual sustains an injury caused by the careless or negligent actions of another individual or entity, they should be entitled to compensation for their losses. However, it is not uncommon for insurance carriers to deny claims for various reasons. Here, we want to specifically look at what you can do if your insurance claim is denied after sustaining a personal injury in Georgia. There are various steps that you can take to appeal this denial and fight for the compensation you think you are entitled to.

Claim is Denied

Why Would an Auto Insurance Claim be Denied?

There are many reasons why a vehicle accident claim may be denied by the insurance carrier. This includes, but is not limited to, the following:

  • Failure to pay required monthly premiums.
  • The fault for the crash has been disputed.
  • The policy does not cover the specific type of injury or damages.
  • The individual covered was breaking the law at the time the accident occurred.
  • The vehicle crash was not reported in a timely manner.
  • An individual did not seek medical care immediately following the collision.
  • The insurance carrier was provided with false information when the policy was purchased.

Steps to Take After a Claim Denial

If an insurance claim is denied, this does not mean that an individual will not be able to recover compensation. Often, insurance carriers deny a claim for invalid reasons. If you feel that your insurance claim was wrongly denied or that you received inadequate compensation, you should contact a vehicle accident attorney immediately. An attorney can help you through the appeal process. They can:

  • Conduct an independent investigation into the incident and uncover any evidence needed to prove liability.
  • Thoroughly examine the insurance policy and the reason given for the denial.
  • Handle all communication and negotiations with the insurance carrier in order to recover fair compensation on behalf of their client.
  • Help file a complaint against the insurance company with the Office of Commissioner of Insurance and Safety Fire in Georgia.

The first goal of an attorney in these situations will be to try and resolve the insurance issue directly with the insurance carrier involved. As mentioned above, this will include conducting an extensive investigation in order to recover all evidence needed to adequately show the insurance carrier what happened. An attorney will help the claimant submit a demand letter along with the evidence proving liability. At no point during this process will an individual have to deal with the insurance carrier on their own. An attorney will handle all communication on their behalf, including any negotiations that take place.

If it becomes necessary to file a personal injury lawsuit against the insurance carrier and the at-fault party for the claim, an attorney will handle this as well. They will make sure that the claim is filed on time in the civil court system in Georgia.
Individuals who sustain injuries caused by the careless or negligent actions of others should be able to recover compensation for their medical bills, lost wages, property damage expenses, and pain and suffering losses.

Posted in: Car Accidents

I was in a complex premises liability case involving a multinational corporations. Mr. Butler & his associates were always three steps ahead of these defendants. When they say they are "exceptional trial lawyers," this is not just a slogan but it is a way of life.”
- Zack Hendon