Why Insurance Companies Deny Injury Claims
Unfortunately, insurance companies will sometimes initially deny an injury claim and state that they are not responsible for a victim’s loss. This happens not just in an injury case but property loss cases as well. Some of the common causes of the denial of an injury claim are:
- There was too long of gap for the symptoms or injuries to manifest after the accident took place
- There are no verifiable medical records
- The victim had a preexisting condition
- The victim failed to avoid the injury when he or she had the chance to
- The insurance coverage for the party who caused the injury had lapsed
- The party who caused the injury had an insurance policy with a policy exclusion (for instance: the person who caused the injury intentionally acted rather than were negligent)
- The victim did not report the injury immediately
What to do When Insurance Denies Your Claim
While an injury victim may have been told they do not have a claim after they talked to the insurance adjuster who represents the person or company that they believe is responsible, it may be prudent to talk to a personal injury lawyer to get a second opinion as to whether the insurance company properly denied their claim. Sometimes the insurance company will deny a claim, hoping that the victim will not hire a lawyer and give up on the claim. It is even possible an attorney would look into a bad faith claim against an insurance company for not acting in good faith as it owes its insured a duty to act in good faith. If insurance company improperly denied a claim or wrongfully refused to defend someone in a lawsuit or did not protect one of their clients by settling a case when it should have (putting the insured’s personal assets at issue) they could be liable for bad faith and the injured party may be able recover additional damages and attorneys’ fees. Again, it is always good to get a second opinion after an insurance adjuster denies an insurance claim.
