A scary car accident on a freeway or boulevard can leave you shaken, and even in some pain. It would be nice if you could focus on getting better and leave the costs of recovery to the at-fault driver. But if the driver’s insurer rejects your claim, you may also have to worry about how mounting medical bills and car repair costs will get paid.
A claim denial can come as a shock to you, but it doesn’t have to be the end of the story. Victims have several options to fight back, including filing an insurance appeal or lawsuit. Car crash victims can also file complaints with the state insurance department.
Taking Action If Your Car Accident Claim Is Rejected
Car insurance companies can reject car accident claims for many reasons, and not all of those reasons are always justified. They may say that your case wasn’t supported with enough evidence, even if a California Highway Patrol Accident report clears you of fault. They may use some fine print in the policy to toss out your case.
Whatever the reason, you deserve to know why your claim wasn’t successful. Your rejection letter might explain it, but it may omit the fact or simply be very vague. If you don’t have a clear idea of why, you should demand that the insurer explain it. A California car accident lawyer can also help force an insurer to reveal what happened.
Knowing why can help you determine your next step. It can guide you to a more successful case going forward.
Here are a few of the actions you might undertake to get a second chance at earning traffic collision compensation:
- Filing an appeal with the car insurance company. Car insurance companies must provide a mechanism for you to file an appeal to their decisions. It’s an opportunity to correct any mistakes you made with your first claim. A skilled attorney can also help you provide strong evidence, which can include proof of who was to blame for the crash and better documentation on the injuries you’ve suffered. An experienced lawyer also knows who to talk to at these giant companies to get results.
- Filing a lawsuit against a car insurance company. When a car insurance company refuses to accept responsibility for its driver, you have the right to take them to court. You can file a lawsuit and take them before a judge. It’s a good idea to have a lawyer to file your lawsuit and represent you. These cases are complex and require property court filings and complicated paperwork. A lawyer also represents a bigger threat of a lawsuit. Companies want to avoid going to court because it’ll cost them a lot, and they risk getting a bad reputation. Companies will come back to the negotiating table and offer you a better settlement deal to avoid these risks.
- Filing a complaint with the California Department of Insurance. Victims who can’t reach a settlement with a shady car insurance company can also report the company to the California Department of Insurance (CDI). A complaint would be filed, and the CDI may investigate the insurance company’s actions, but getting results can take a while. Eventually, the CDI can order an insurance company to pay you restitution for a falsely denied claim. The company can also be fined.
- Contact a Lawyer. If your case was denied, it may mean you don’t have the legal knowledge to handle your case effectively. There’s no shame in it. A claim can leave you facing off against trained insurance adjusters and even corporate lawyers on your own. A lawyer can even the playing field this time and give you a much better chance of winning your case and earning more for your recovery.
What Kinds of Support Can I Earn When Filing a Lawsuit or an Appeal with a Car Insurance Company?
An appeal or a lawsuit means insurers will need to fully review the circumstances of your case and any new evidence your lawyer uncovers. This can lead to a full reversal of their original decision.
Victims can finally get their economic and non-economic damages covered.
A skilled lawyer would demand immediate compensation for these and other damages:
- Economic damages:
- Medical bills now and expected future health care costs
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages:
- Pain suffered
- Emotional distress caused
- Depression
- Anxiety
- Loss of consortium
When Do You Need a California Car Accident Lawyer
If you are seriously injured in a car accident that was another driver’s fault, you should speak to a California car accident lawyer as soon as possible. If you’ve already filed an injury claim and been rejected, it’s also a good time to discuss your case with a lawyer.
If you’ve already been through the claims process and your case was rejected, don’t give up hope! Maison Law offers a free case consultation to all victims, so they can be aware of what their injuries are worth and what they should demand from an insurer.
There’s no obligation, but if you need our help to hold an insurance company liable, you won’t need any money. There are no up-front costs to hire our lawyers. We also don’t get paid if we don’t win your case or appeal. If we win, our fee comes out of the settlement check that an insurer must write for you.
