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Are you ready for a battle over a denied insurance claim?

Car accidents can be traumatic experiences, regardless of the level of injuries or damage that result. Having to deal with insurance companies could make it even more challenging. If you feel that the insurers have everything but your interests at heart, you will probably be right. After all, their goal is to get more money coming in than what they pay out, and denying claims is how they do it.

If you were in a crash in Orange County that followed negligent driving by another person, you are entitled to file an insurance claim with that driver's insurance provider. However, despite following the right steps, the insurer denied your claim -- what now?

Why would the insurer reject your claim?

You may find it difficult to get the at-fault driver's insurance provider to explain the reason for the denial of your claim. The adjuster may reply that your claim is invalid, or he or she may believe the other driver's version of what caused the crash. They may also give one of the following reasons:

  • Exceeding time limit -- If you failed to file the claim within the time allowed according to the policy document, it might lead to denial.
  • Policy exclusions -- If there was a natural event such as a massive hail storm at the time of the accident, the insurance adjuster might claim that an act of God caused it rather than the negligence of their client. The policy might exclude such circumstances.
  • Lapsed policy -- The insurer might notify you that the other driver had no valid insurance at the time of the crash because he or she failed to pay the premiums. This proves the need to include coverage for uninsured motorists in your own auto insurance.

Suggested steps you can take

If you intend to fight for your rights to compensation, legal counsel can provide support.

  • A lawyer can draft a letter of demand in which he or she can state the details of the accident and the bodily and property damage you suffered.
  • When the insurance company sees you are serious, it might provide an official reason for the denial, or it might decide to reverse the rejection and pay for your damages.
  • Your attorney will be able to identify improper claims practices and know what steps to take if that is the case.
  • The lawyer can navigate the insurer's formal appeals process, which might include negotiation of a settlement through arbitration.

File a lawsuit

If all your efforts to obtain compensation from the at-fault driver's insurance provider fail, you have the option to file a lawsuit. Your Orange County attorney can help you to assess the viability of such a claim to make sure you have a chance of receiving compensation that will exceed the cost of the lawsuit.

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