It is indeed unfortunate when you or a loved one gets hurt in a car accident caused by another party’s negligent or careless behavior. You may have incurred substantial property damage and bodily injuries, resulting in hefty bills for repairs and medical treatment. If the party at fault or their insurance company refuses to pay for your loss, you are likely under a lot of stress and anxiety. The driver responsible for the accident may not want to take the blame and his/her insurance company will surely accept every opportunity to avert a payout.

More than 90 percent of personal injury cases are resolved out of court, and victims are compensated before the filing of a claim. However, just because your claim was denied, does not imply that you have lost the chance of receiving financial reimbursement. The first thing to do when your claim gets denied is to seek a professional and experienced car accident lawyer. 

Reasons for a Claim to be Denied

There are various reasons for why the party at fault or their insurance provider might reject your claim. It is essential to understand the possibilities before initiating legal action.

1.      Fault Dispute

The other party involved in the accident may provide a very different and perhaps inaccurate account of what happened. They may have misconceptions or could be making up stories to clear their name. The insurance provider may carry out their own investigation and contest the statements of the plaintiff. If the claimant is found to be partially at fault, the compensation amount will be reduced. For example, if the alleged victim is discovered to share 25% of fault, the monetary award will be decreased by the same percentage. If the fault is 50% or more, you may lose the right to demand any reimbursement.

2.      Compensation Dispute

The compensation amount a person requests in the lawsuit depends upon their medical expenditures and the cost of auto repairs. However, the expenses estimated by the defendant’s insurance provider are going to be a lot less than you might expect. This is why you need the best personal injury lawyer in San Jose. They will argue that your injuries are not that severe and do not require prolonged medical attention; they may also accuse you for presenting fabricated receipts for what you spent on healthcare and fixing your car.

3.      Bad Faith Insurance

Some insurance companies are plain devious. They will attempt to confuse you and then use your word against you. Precisely, they will try every trick in the book to save their money. They will make you doubt yourself, so that you are convinced to walk away and never speak of this accident gain. Lack of evidence to support your claim will further weaken your case.

4.      Limited or Expired Insurance Policy

The party at fault may lack vehicle insurance at the time of the accident. The driver may have failed to make timely payments, which caused the policy to expire. Many car owners only get minimum insurance, which does not provide full coverage for damages. If the defendant never bought an insurance premium, you will have to rely on their personal funds.

5.      Statute of Limitations

It is smart to file your claim as soon as possible, following the accident. Every personal injury case has a statute of limitations, meaning that you cannot demand compensation after a prescribed period. Some insurance companies put claims on pending, so that they eventually become invalid. Hiring a car accident lawyer Fresno from the start is the only way to sidestep all antics put up by insurance agents and the defendant.