Other Insurance Company Denied Accident Claim: What Now?

Many of us get into our vehicles on a daily or near-daily basis, whether we are running errands, commuting to work, or dropping off our kids at school. We typically do so without thinking about just how dangerous it can be. Yet on average, 1,098 New Yorkers die from traffic crashes each year, and an additional 149,006 require medical care due to accident-related injuries.

If another driver is at fault for your automobile accident, then you may be able to file a claim with their car insurance company. Unfortunately, insurers often deny legitimate claims – or offer lowball settlements that don’t even come close to covering your medical bills, property damage, lost wages, pain and suffering, and other losses. In this situation, a skilled Long Island car accident attorney can advocate for your right to full compensation through a personal injury lawsuit.

At The Odierno Law Firm, we help injury victims get the financial compensation that they deserve when the other driver’s insurance denies your accident claim. When you work with our legal team, you will have peace of mind knowing that we will fight to get you maximum compensation. Reach out to our law offices today for a free initial consultation with a personal injury lawyer.

Why Do Insurance Companies Deny Car Accident Claims?

There are two main types of car insurance claims. If you are filing a claim with your own insurance company, then it is considered a first-party claim. If you are filing a claim with another driver’s insurance company, then it is a third-party claim. 

You can file a thirty-party insurance claim whenever you are in an accident that was caused by another person. This is typically because of the other driver’s negligence, or carelessness. For example, if another motorist ran a red light and slammed into your vehicle, then you would file a claim for your losses with their insurance company.

Insurance companies deny claims for many reasons.  Common reasons for denial include:

• Both drivers were at fault for the accident;
• The injury victim did not seek medical treatment (and so cannot prove that the injuries were caused by the accident);
• The claim exceeds the insured’s coverage;
• The policy coverage has been exhausted (which may occur in multi-vehicle accidents);
• The person making the claim caused the crash;
• The claim was filed too late; and/or
• The injury was the result of a pre-existing condition.

When you get a notice of denial, you may not be sure of the next steps or where to turn for help. You may think that you’re out of options and that you are simply out of luck. This is not always true.

Insurance companies are in business to make money. One of the ways that they do this is by finding any reason – no matter how small – to deny a claim that should be approved. Rather than accepting the insurance company’s decision, it is a good idea to talk to a Long Island car accident lawyer to learn about your rights and options.

What to Do If the Other Driver’s Insurance Company Denied Your Claim

If the other driver’s insurer denies your claim, you should reach out to a personal injury law firm as soon as possible. During a free consultation, you can explain your story and what led up to the denial. A car accident attorney will offer legal advice on the merits of your case and the likely value of your claim.

In some situations, the denial may have been proper and there might not be much that you can do. For example, in New York, the statute of limitations for personal injury claims is 3 years. If you try to get compensation more than 3 years after a motor vehicle accident, the insurance company may deny it for being untimely – and you won’t be able to file a lawsuit against the at-fault driver.

However, insurance companies often deny claims for improper reasons or based on their own interpretations of the facts or the law. Consider a situation where you were partially at fault for an accident. The insurer may deny your claim on this basis – even though New York law still allows you to recover compensation even if you were somewhat to blame for the accident. 

Under the principle of contributory negligence, you can still file a claim against another driver for an accident, even if you were somewhat to blame. Your total recovery will then be reduced by the percentage that you were at fault. Under this rule, unless you were 100% responsible for a crash, you can still pursue a claim against the other driver. The insurance company won’t tell you that – but a Long Island car accident lawyer will.

Ideally, you will hire an attorney before any claim is filed and before you give a statement or sign any paperwork about the accident. In this way, your lawyer can take on all communications for you – and protect your rights. During this time, your attorney will also perform an investigation and research New York law to develop a strong claim for damages.

Studies show that people with legal representation recover an average of 40% more than people who represent themselves in personal injury cases. Insurance companies know that when you hire a lawyer, you mean business – and they can’t get away with denying your claim or offering you a lowball settlement. If you want to get top dollar for your losses, reach out to the Odierno Law Firm to schedule a no-cost, no-obligation consultation with a member of our legal team.

Hurt in an Accident? We’re Here for You.

Being in a car crash can be scary and overwhelming, especially if you were injured. Afterward, you might not know what to do or what your rights are when it comes to pursuing a claim. Our law offices will work with you to help you get the compensation that you deserve for your losses.

At The Odierno Law Firm, we advocate for clients throughout Long Island who have been in all types of accidents. We will fight for your right to full compensation, and will never charge a fee unless we recover money for you. To learn more or to schedule a free consultation with a Long Island car accident attorney, give our law office a call at 631-994-1802 or fill out our online contact form.

See Also: Personal Injury Lawsuit Process