When you have been injured in a car accident, you will not directly pursue the responsible driver to recover compensation for your losses. Your first step in seeking monetary damages is filing a claim with the responsible driver’s insurance company. While this may seem like a straightforward process, many victims are surprised when their claims are denied, and not always for appropriate reasons. Talk to a Virginia auto accident lawyer about your circumstances if you hear any of these reasons as grounds for rejection of your personal injury claim.
- You Waited Too Long to File Your Claim: Virginia’s statute of limitations is two years from the date of the accident, but you should not wait that long to file a claim with an insurance company. Timing is critical with these cases, so you will need to at least notify the responsible driver’s insurer within a few days. From there, you can take a reasonable amount of time to gather medical records and other information you will need to support your claim for compensation.
- You Did Not Establish Fault: Though there are multiple elements you need to prove your claim, one of the most important is the fault of the other driver. Insurance companies typical deny compensation to claimants who have not provided solid, verifiable evidence that their own policyholders were at fault. If you do not have enough evidence to prove the responsible motorist was negligent – or you insinuate that you may be partially at fault – you can expect a rejection.
- You Failed to Provide Information on Your Injuries: Another essential component of your claim is showing the severity and nature of your injuries, as this is the key to measuring the monetary damages you can recover. Your medical records are important for showing diagnosis and treatment, but other details are critical for proving pain, suffering, and other non-economic damages.
- You Delayed Seeking Medical Treatment: Many insurance companies will not give your claim a second look if you waited too long to visit an emergency room, urgent care center, or your doctor. The impression you give is that your injuries were not serious, or you would have sought medical care right away. A claims adjuster may reject your claim on these grounds.
- Your Claim Amount Exceeds the Policy Limit: Virginia drivers are required by law to carry minimum auto insurance coverage, at $25,000 per victim of bodily injury. If you are severely hurt, your claim may exceed this amount. An insurance company’s denial of your claim is rightful under the circumstances, but you may have other options to seek compensation.
Discuss Claim Denials with an Experienced Virginia Car Accident Attorney
The best strategy for getting quick approval on your rightful claim is to consult with a knowledgeable personal injury lawyer well before you actually file. Skillful attorneys know the tricks insurance companies use, and may be able to overcome the reasons insurers use to deny payment. For more information, please call Hampton Injury Law PLC to schedule a case evaluation. A Virginia auto accident lawyers can review your circumstances and discuss your options for seeking compensation.