Maison Law and our team of California car accident lawyers can help you if your injury claim has been denied by Wawanesa Insurance. You’re already going through enough after a car accident, and having Wawanesa make things more difficult is simply something you don’t need. Our team can help explain your options and push back against their tactics. Set up a free consultation today to learn more.
What Reasons Can Wawanesa Use to Deny My Claim?
From your perspective, being hurt in a car accident is pretty straightforward. You’re driving along like you always do, then someone else cuts in front of you on the interstate or rams into the back of your car at a stoplight. The next thing you know, you’re in pain and wondering what happened. Eventually, companies like Wawanesa Insurance get involved. And that’s when things get confusing. They start questioning things, eventually leading to them denying your claim for reasons like:
- Not having enough evidence to support your version of events.
- Disputing that their driver was at-fault for what happened.
- Saying that your injuries were pre-existing or not as serious as you’re saying they are.
- Claiming that their policy has reached its limits.
- Saying that you didn’t report the claim correctly or within the legal deadline.
Basically, Wawanesa has all the leverage when you need to file a claim against one of their car insurance policies. They get to interpret the evidence the way they want and ultimately decide whether or not your claim is valid. But even if they deny it, you have options for pushing back.
How Can I Push Back When Wawanesa Denies My Claim?
Obviously, Wawanesa and their adjusters know that they have leverage when it comes to an injury claim. Most people have to simply take what they’re being offered—if they’re offered anything at all. When a claim is denied, though, you have certain options for pushing back:
- A counteroffer. If they deny your claim, you can ask them to take another look. And not in a dramatic, table-pounding way. Just calmly, with more information. You can:
- Send updated medical records and prognoses.
- Get a clearer explanation from your doctor.
- Find and send more pictures/videos that weren’t available at the time.
Sometimes this is enough to make the company reconsider. The new evidence gets someone’s attention, and the conversation opens back up. However, it doesn’t always work. If you’re still not satisfied, you can go further.
- A personal injury lawsuit. This option is great if you need to take the decision out of the insurance company’s hands. Instead of Wawanesa deciding what your case is worth, a judge or jury does. It’s more formal than a claim, and yes, it takes longer. But it’s also neutral. The same evidence you’ve already gathered doesn’t go to waste. It gets presented through the legal system, and ultimately decided on by a judge and jury. That looms large, because the insurance company can’t interpret things the way it wants to.
Lawsuits take time. Months, sometimes longer. And filing one doesn’t guarantee a particular outcome. Anyone who tells you otherwise isn’t being straight with you. But if you truly believe State Farm denied your claim unfairly, a lawsuit is the only way to hold them accountable in a meaningful way.
What Damages Can I Get in a Lawsuit Against Wawanesa?
Deciding to file a lawsuit isn’t an easy process, but again, sometimes it’s the only way to make Wawanesa treat you fairly. But that doesn’t necessarily tell you what you can get when you file a lawsuit. That’s called damages, and they include more categories than an insurance claim. Here’s what damages are available in a typical lawsuit:
- Current and future medical expenses. It’s not just the ER visit or the first round of treatment. If you’re looking at ongoing physical therapy, follow-up surgeries, injections, or long-term care, those projected costs matter. Solid medical records and clear treatment plans help show what your recovery actually looks like—not just today, but months or years down the road.
- Lost income and reduced earning ability. Being hurt means having to miss work for appointments, surgeries, or simply because you’re not physically able to do your job. Those missed paychecks quickly hurt, but you can also recover future earnings if you can’t work the same job anymore.
- Repair or replacement costs. This covers fixing your vehicle or replacing it if it’s totaled. It can also include other personal property damaged in the accident.
- Pain and suffering. The physical pain you deal with isn’t imaginary, and it isn’t minor just because it doesn’t show up on a bill. Part of your damages include costs associated with the pain you’re going through day-to-day.
- Emotional distress. Similarly, you can recover damages based on the emotional and psychological distress you go through because of the accident. Anxiety while driving, sleep problems, mood changes all help put a number on this.
- Reduced quality of life. This part of your damages is built around how the accident has changed (and will continue to change) your life. When you can’t do the things you used to do or your personal relationships are harmed by your injuries, that’s what this category covers.
At the end of the day, damages are only as strong as the evidence behind them. And it’s worth remembering: Wawanesa has experienced adjusters and defense lawyers whose job is to limit what they pay. But with our team by your side, you have a chance at making a real recovery.
Maison Law Helps When Wawanesa Denies an Injury Claim
When your injury claim is denied by Wawanesa Insurance, it feels like you hit a wall. You’re just trying to get better and back to normal, not also deal with an insurance company that’s continuing to question you and what you’re going through.
At Maison Law, our California car accident lawyers understand what you’re going through. More importantly, though, we understand how insurance companies try to tilt the playing field toward them. We can stand up for your claim and make sure you’re treated fairly. Set up a free consultation today to get started.
