Why Would the Car Insurance Company Deny My Claim if the Other Driver Was Clearly at Fault?

Insurance Claim Was Denied

If you’ve ever been involved in a car accident, you know it goes. Nobody is ever going to stand up and say the accident was their fault. Both drivers are going to point to the other driver and say they caused the crash. This is only natural. Even new drivers know that if they admit to causing an accident, their insurance will go up. There’s also the chance that you’ll get a ticket from the police. So, when it comes time to file your car insurance claim, you can’t imagine why your claim would be denied. If you weren’t at fault, you shouldn’t have to worry about your claim being approved. You should just be able to sit back and wait for the insurance company to send your check. Finding out your insurance claim was denied can be infuriating. It can also be scary. If this happens, it’s time to call and talk to an experienced car accident lawyer in Baton Rouge, Louisiana.

Your car accident attorney will talk to the insurance adjuster and find out why your claim was denied. Depending on the reason, they can either submit additional information or appeal your claim. It really depends on why the insurance company denied it in the first place. Since your car accident lawyer has a lot of experience dealing with insurance adjusters, they can really help you when it comes to settling your claim.

How Can Your Baton Rouge Car Accident Lawyer Prove the Other Driver Was at Fault?

In order to get your claim approved, your Baton Rouge car accident lawyer will need to prove the other driver was at fault. To do this, they’ll have to demonstrate that the defendant was negligent. This requires that they prove the following four (4) things:

  • The other driver owed you a duty of care – This is easy. Whenever someone gets behind the wheel of a car, they owe all other motorists a certain duty of care. They need to obey all traffic laws. They also need to use common sense when it comes to public safety.
  • They breached this duty – You’ll need to prove that the other driver did something out of the ordinary. Perhaps they were texting and driving at the time of the crash. Or maybe they were speeding. It’s your lawyer’s job to prove that they actually breached this duty.
  • You were injured – If you don’t go to the hospital, you won’t be able to prove you were injured. The best way to prove your injuries is by submitting a copy of your medical records.
  • The defendant’s breach caused your injuries – It’s not enough that you were in a car crash. You have to prove that your injuries were a direct result of the other driver’s negligence.

Even if your attorney can prove these things, that is no guarantee that your claim will be paid. There’s always the chance that your claim will be denied.

Why Would the Insurance Company Deny Your Claim?

The only person who knows why your claim was really denied is the insurance adjuster. However, your attorney is very familiar with the reasons why they don’t pay claims. Some of the reasons why your claim may be denied, including:

  • The policy lapsed for non-payment
  • The owner of the car didn’t give the driver permission to use the car
  • They think you primarily caused the crash
  • You have a prior medical condition
  • They think your claim is false

Any of these reasons on their own are enough to cause your claim to be denied. However, as long as the policy was valid, your attorney can help you file an appeal.

Your Baton Rouge car accident lawyer will do their best to negotiate a settlement of your insurance claim. Their goal is to get you as much money as quickly as possible.

Contact an Experienced Car Accident Lawyer in Lake Charles Right Away

Finding out your car accident claim has been denied is frustrating. You may firmly believe the other driver was at fault. But you need evidence to prove this. That’s why the police report is important. The jury isn’t going to want to take the word of one driver over the other. Your car accident attorney in Lake Charles will do their best to prove the other driver caused the crash. But they can only use the evidence that’s available to them.

If your insurance claim was denied but you weren’t at fault, an experienced car accident lawyer at Veron, Bice, Palermo & Wilson can help. Call our office today and schedule a consultation.

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