What Happens If Your Insurance Claim Is Denied?
Posted in Personal Injury on March 15, 2022
Insurance settlements alleviate the financial hardship that car accident victims often experience, paying for medical care, vehicle repairs, and more. After a collision, you have the right to file a claim and secure a settlement for the damages that you sustained.
Unfortunately, not all insurance claims are successful. There are some cases where the company may deny your claim, preventing you from recovering the compensation that you deserve. In these situations, you have the right to appeal the decision or escalate your case to a personal injury lawsuit in Missouri civil court.
Filing an Insurance Claim in Missouri
A car accident can have a significant impact on your finances. From medical and repair costs to lost wages during recovery and treatment periods, it is common for car accident victims to sustain thousands of dollars in expenses.
Under Missouri’s fault insurance system, you have the right to file and insurance claim and recover compensation to pay for these losses. However, you will need to prove that the policyholder caused your collision in order to secure a settlement.
During your claim, an insurance representative will be assigned to your case and begin investigating your accident. He or she will interview the drivers and review key pieces of evidence, such as police reports, medical records, and videos and photographs. Your attorney may also negotiate with the representative throughout the process.
At the conclusion of your case, the representative will issue a decision on whether you are eligible for a settlement. If your claim is successful, the insurer will also provide a settlement offer.
Why Would an Insurance Claim Be Denied?
There are several reasons as to why an insurance company may deny a claim. In Missouri and other fault-based states, one of the most common reasons is a lack of evidence that the policyholder caused the accident. Therefore, the victim is not eligible for compensation.
The following are other common reasons for an insurance claim denial.
- You did not file the claim on time.
- The other driver did not have coverage at the time of the accident.
- The damages that you suffered are not covered by the policy.
- The company believes that you are at fault for the accident.
What to Do After an Insurance Claim Denial in Missouri
If your insurance claim is denied, you have several options to recover compensation. It is important to consult with an attorney to determine which legal pathway is right for your case.
- Filing an Appeal: You have the right to file an appeal after the insurance company denies your claim. You may need to attend an arbitration session or follow the company’s internal appeals process.
- Filing a Personal Injury Lawsuit: You have the right to escalate your case and file a personal injury lawsuit against the at-fault driver in civil court. To secure compensation, you will need to prove that the driver’s negligence caused your accident. You can also file a lawsuit against the insurance company if you believe that the insurer denied your claim in bad faith.
Car insurance claims can be highly complex. In these situations, it is a good idea to consult with an attorney who can represent your best interests and guide you through the claims process. As soon as possible following your collision, contact a Kansas City car accident lawyer to discuss your case and strategize your next steps.