What to Do If Your Claim for Damaged Property After a Car Accident Gets Denied
After a car accident, you expect the insurance company to step up and cover the damage sustained by your car or other property. When a claim gets denied, it can be a stressful experience and feel like you have hit a brick wall.
According to statistics, around 5%-10% of auto insurance claims are denied. If this happens to you, don’t worry. You can fight back and protect your interests by contacting a property damage lawyer. Here is what you can do.
Understand Why the Claim Was Denied
First, try to uncover exactly why your claim was denied. The insurance company is required to give a written explanation, which is usually called a denial letter. This letter may state reasons why your coverage does not apply; that is, whether you missed a filing deadline or they are disputing who was at fault.
Sometimes, the issue may be something simple that can be corrected, like missing documents and unclear photos. Other times, the issue may be complicated, involving liability, and maybe the property damage you are trying to recover is excluded from the policy.
Review Your Policy
Before responding, go back and read the fine print of your insurance policy. Look at what types of property damage are actually covered and under what circumstances. Pay close attention to clauses about time limits for filing claims, coverage gaps, or proof of the damage.
You can contact a lawyer who will help you understand the terms of your coverage. Understanding your policy can help you figure out whether the denial was legitimate or if the insurance company is trying to lowball you or straight-up deny your claim.
Collect Enough Evidence
If the insurance company claims that the damage was not related to the accident or that it was exaggerated, you have to strengthen your claim. Start by collecting and taking photos of the damage. If you haven’t, get a repair estimate from licensed professionals. You can get multiple estimates if possible.
You should also gather the documentation you have from the accident. Things like police reports, witness statements, or dashcam footage can help link the property damage to the crash.
File an Appeal
Insurance companies have formal appeal processes. This can be done internally within the insurance companies or externally using a third-party adjuster. Reach out to the adjuster and let them know you would like to challenge the decision. Then, submit a written appeal along with any new evidence you have collected.
Your appeal needs to be direct and detailed to show you are serious and willing to pursue the claim. Additionally, keep records of every communication you have with the insurance company. This includes emails and phone calls in case you need to take further action later on.
Get Legal Help
If your appeal does not succeed or you believe the denial was made in bad faith, it might be time to call in some legal help. An attorney who specializes in insurance claims can review your case, deal with the insurer on your behalf, and file a lawsuit if necessary.
Also, consider working with a public adjuster. These professionals who do not work for the insurance company can reassess your damages and negotiate a better outcome.
File a Complaint With Your State Insurance Department
Every state has an insurance regulatory agency that handles complaints. If you feel that you are being treated unfairly, you can file a complaint through their website. While they will not act as a lawyer, they may investigate and pressure the company to handle your complaint fairly.
Conclusion
Having your claim denied can be frustrating. However, with the right information and a little legal pressure, you can reverse the denial and get the compensation you deserve.
