My Personal Injury Claim After A Car Accident Was Denied: What Next?
What should you do if the insurance claims adjuster denies your personal injury claim? Our Miami car accident attorney at the Neufeld, Kleinberg & Pinkiert, P.A., is going to explain in a bit.
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My Personal Injury Claim After A Car Accident Was Denied: What Next?

Car Accident Attorney
By : admin Filed Under : car accident lawyer

The process of recovering compensation for your injuries and damages suffered in a car accident is quite straightforward. You file a personal injury claim with the at-fault driver’s insurance company, and that insurer assigns a claim adjuster who decides whether to approve or deny your claim.

And while every victim is certain that his or her injury after a car accident is serious enough and deserves compensation, it is not only always the case. In many instances, the process of seeking compensation after a motor vehicle accident in Miami and elsewhere in Florida is interrupted by a cancelled personal injury claim.

So what should you do if the insurance claims adjuster denies your personal injury claim? Our Miami car accident attorney at the Neufeld, Kleinberg & Pinkiert, P.A., is going to explain in a bit.

Why do insurance companies deny personal injury claims?

If your personal injury claim has been denied, you are probably wondering why insurance companies do this. To answer that question, you have to understand that insurance companies exist not to HELP their policyholders or people who suffered harm as a result of their policyholders’ negligence. In reality, insurance companies in Florida are profit-driven, and, where possible, will always minimize the value of personal injury claims or deny them altogether if there is at least one valid reasons for denying the claim.

For example, let’s say that you bring a personal injury claim with the at-fault car driver’s insurance company after that driver rear-ended your vehicle or ran a red light and slammed into your car as a result. Obviously, it may seem as if your personal injury settlement is justified and you deserve compensation for your injuries and damages.

But insurance companies never jump to any conclusions or take claimants’ word for it without conducting their (almost always biased and unfair) investigation into car accidents to determine valid reasons to deny the claim. It is every claim adjuster’s job to carefully review each claim and see if there is any way to minimize the value of the claim or deny it.

The bottom line is this: Do not forget that every claims adjuster works for his or her insurer and has to be compliant with the insurance company’s business plan. And that plan is: making money. Paying insurance claims is not line with this business plan.

Reasons why injury claims are denied in Florida

Insurance companies have roughly limitless reasons to deny personal injury claims (and they seem to come up with new reasons every year), but the most common reasons why injury claims are denied are:

  1. The policyholder’s insurance policy does not cover the nature of the car accident
  2. The insurance policy has expired
  3. There is insufficient evidence proving the policyholder’s fault in the accident
  4. The insurance policy does not cover the location where the accident occurred
  5. You failed to prove that this particular accident caused your injuries and that those injuries were not pre-existing

And the list goes on and on. But regardless of the reason why your personal injury claim was denied, do not give up. The denial of your claim is not the end of the world nor does it mean that you will not be able to recover compensation. You have the legal right to receive compensation by continuing to pursue a personal injury claim.

That is where your Miami car accident attorney comes in handy, as the denial of your injury claim may be in bad faith or in breach of contract. In that case, if your lawyer can establish that the denial was not based on a valid reason, you may be able to file a lawsuit against that bad faith insurance company.

What to do if your personal injury claim was denied?

The denial of your injury claim may simply be part of the insurance company’s plan to force you into dropping your claim. But do not fall for that unfair insurance claim practice. Instead, call your car accident attorney in Miami or elsewhere in Florida. But before you do, demand a written explanation of the reason for the denial of your claim. You have a right to know why your injury claim was denied.

If the insurer refuses to provide an explanation of the denial, your attorney will prepare a lawsuit on your behalf to sue both the bad faith insurance company and the at-fault driver to help you recover compensation.

Similarly, if the claims adjuster ignores your demands to provide a written explanation of the denial, you may have legal grounds to sue the insurance company. Seek legal advice of our best personal injury attorneys in Miami at the Neufeld, Kleinberg & Pinkiert, P.A., today. Call our offices at 305.931.6666 or toll free 954-523-8292, or fill out this contact form to get a free consultation.

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