A personal injury comes with many unforeseen expenses from medical bills to car repairs. That’s why the law allows an injured victim to seek compensation from the negligent party, by filing a personal injury lawsuit claim.
Depending on the circumstances, your insurance company might also be required to compensate you. This amount is reimbursement for things like medical care, legal fees, time taken out of work, pain, and suffering caused by the accident.
But the process is not always straightforward, especially if you are doing it alone. The insurance company might deny your lawsuit claim in bad faith or because of a technical error. Learn some of the reasons an insurer can deny your claim and how to stay on the safe side.
You Didn’t File the Claim on Time
A statute of limitations exists for nearly all civil and criminal cases, including personal injury lawsuits. This is the period within which a plaintiff must file a form to claim compensation for the injuries and other damages caused by an accident.
This period differs across the states but one thing is common; there are repercussions for failing to file on time. Depending on your jurisdiction, the insurer might deny the claim or reduce your compensation’s total value.
You Failed to Notify Your Insurer on Time
Besides meeting the deadline for a personal injury claim, you must notify your insurance company about the injury on time too. This is especially important if the accident was not caused by human negligence, or you live in a no-fault state where your insurer has to compensate you for injuries regardless of fault.
Insurance providers are always looking for ways to forego paying out claims. In this case, they might argue that you did not give them sufficient time to investigate or that the evidence was no longer valid during the time of reporting.
You Didn’t Seek Medical Attention
Seeking medical evaluation after an injury is not only important for the claim but also for your health. It is not uncommon for a car crash or workplace injury victim to report pain and discomfort days after an accident occurred.
If you fail to seek a doctor’s evaluation, the insurance company might deny your claim by arguing that your injuries were not caused by the accident.
You are Fully or Partially Liable for the Injury
Fault and liability are not always straightforward to prove, and that’s why insurance companies conduct an independent investigation. The other party’s insurer will deny your claim if the evidence examination shows that you caused the accident.
If you were partially responsible, your compensation amount might be less than your percentage of fault assigned. In other states, the insurer has a right to deny your claim altogether if they find any evidence of negligence on your part.
You Have Exaggerated the Injuries
Falsifying the magnitude of your injuries while filing a claim is a form of soft insurance fraud.
The insurance company can also deny your claim if you had a related preexisting condition because it makes it difficult to determine the real causes of your injuries. This is why injury victims need to seek medical evaluation immediately and obtain a doctor’s report.
You Don’t Have an Attorney
Having an attorney to handle your personal injury lawsuit is not compulsory but it increases your chances of having a favorable outcome.
Insurance companies might take advantage of your lack of legal support and deny the claim in bad faith. Conducting investigations and collecting evidence on your own might eat into your precious time too. Your lawsuit is better in the hands of a personal injury attorney who has both the knowledge and experience required to win.