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Missouri law requires registered vehicles to be covered by insurance that will pay for any harm the driver might cause during an accident. Typically, when you’re injured in a car accident caused by someone else, you get the other driver’s information, file a claim through their insurance company, and the insurer pays for your injuries and other losses. However, you might wonder: “What happens if my car was hit and their insurance won’t pay?”
Car accidents can leave expensive medical bills and property damage, so what happens when an insurance company leaves you out in the cold? Fortunately, you have options to take on insurance companies and argue for a fair settlement.
Insurance companies are businesses and stand to lose money whenever they have to pay claims. That means they have a vested interest in denying or minimizing claims and are infamous for using various tactics to get out of paying. They might argue that your injuries were not a result of the car accident or dispute your total property damage amount.
Usually, insurance companies will provide reasons for their denial when they notify you that they will not accept your claim. If they do not, make sure you request a written explanation about why they are denying your claim.
Receiving a denial from an insurance company is intensely frustrating and can shake your confidence in receiving compensation. However, an insurance denial is not the end, and you still have options. It is imperative you work with an experienced attorney who can guide you through insurance company appeal policies and present a strong claim on your behalf.
Your first option is to appeal the rejected claim. Insurance companies have an appeals process you can initiate if you think there was a significant error in your case decision. Below are some general steps you and your lawyer can take to make an insurance denial appeal.
Another option is to file a lawsuit against the insurance company. Consumers can sue car insurance companies if they handle their claims irresponsibly or otherwise don’t perform their duties correctly. Missouri’s improper claims practice statute defines 15 distinct actions that can justify filing a lawsuit, including:
In some cases, litigation is unnecessary, and you only need to negotiate with the company. Your attorney can assess your circumstances to determine whether filing a lawsuit is required.
If your attorney files a lawsuit, they will build a case against the insurance company for mishandling your claim. Most lawsuits end with a settlement in the pre-trial phase, but some cases end up going to trial.
Filing a lawsuit against a car insurance company can be a long and difficult process. The company might try to give you an early settlement to make the lawsuit go away, but you should avoid signing anything without talking to an attorney first. If you accept a settlement too early, it can hurt your chances of recovering adequate financial compensation.
Insurance denials can delay receiving compensation and waste significant time. Your best option is to avoid denials in the first place by making sure your initial claim is as complete and well-supported with convincing evidence as possible. Below are some strategies to reduce the chance of a claim denial.
Take pictures of the accident scene, get police incident reports and copies of your medical records, and keep records of all your expenses and losses. Insurance companies frequently deny claims for inadequate documentation, so better record-keeping means a better chance of avoiding a denial.
You need to see a doctor as soon as possible to get a formal diagnosis if you have injuries from the accident. If you wait too long, the insurance company might use that delay to argue that your injuries are not severe or that the injuries came from a different incident.
There is no legal time limit to file an insurance claim with the at-fault party’s insurer, but it’s in your best interest to do it quickly. Most companies will give you about a week before delays will start complicating your claim. If you wait too long, you may have to provide an explanation for the delay.
Whether you’re filing an insurance claim or a lawsuit, you should work with an attorney. Attorneys can provide legal guidance and have experience negotiating with insurance companies to recover compensation for their clients. They can handle all the legal details of the process and increase your odds of avoiding a claim denial.
If you are currently in a car accident insurance dispute or need to file a car accident insurance claim, contact our law firm at (314) 231-4100 or through our online form. You’ll get a free consultation with a St. Louis car accident lawyer. We are proud to fight for our clients’ rights and well-being. Check out these testimonials to hear about what our clients say about us.