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Accident Claim: What Can I Do if Insurance Denies It?

One of the main reasons you carry auto insurance is so that it will cover any damages if you get in an accident. This is why it can be extremely frustrating to find out that your insurance company has denied your accident claim. If you get into a motor vehicle accident, you should expect one of the drivers’ insurance carriers to cover your medical bills. When this doesn’t happen, the best thing to do is to reach out to an auto accident lawyer in Cincinnati.

One of the nice things about having a personal injury lawyer in Cincinnati handle your accident claim is that you know it will be handled properly from the start. The insurance adjusters won’t try to take advantage of your attorney the way they’ll try to take advantage of you. Our associates have spent years dealing with insurance companies. It doesn’t matter if they’re small or large, they all operate the same way. Their goal is to pay as few claims as possible. However, there are times when the insurance company has a valid reason for denying an accident claim. Our job is to determine if your case falls into this category.

In this article we will discuss the reasons why the insurance company would deny your claim. We will also explain what you can do if your claim is denied. Finally, we will describe the benefits to hiring an auto accident lawyer in Cincinnati.

Your Auto Accident Lawyer in Cincinnati Will Find Out Why Your Accident Claim Was Denied

The first thing your auto accident lawyer in Cincinnati will need to do is determine why your accident claimwas denied. Depending on the reason, they may be able to resolve the matter quickly with the insurance adjuster. For example, if your claim was denied because you failed to submit a copy of your mechanic’s bill, that can easily be rectified. If, however, they denied your claim because they think you caused the crash, that is another situation entirely.

In our personal injury lawyers in Cincinnati’s experience, most accident insurance claims are denied for one of the following reasons:

  • the policy was invalid or was cancelled due to non- payment
  • the insurance company believes you were at fault
  • the insurance adjuster handling your claim thinks you’re exaggerating your injuries
  • the claim is rather large, and the insurance carrier would rather take their chances in court
  • you have a history of filing accident insurance claims

If the policy was invalid at the time of your accident, there’s nothing your auto accident lawyer in Cincinnati can do to help. No insurance company is going to pay out an accident claim on a cancelled policy. For the other reasons, your lawyer will file an appeal and try to negotiate payment of your claim.

You Can Always Appeal Your Accident Claim Denial

When your personal injury lawyer in Cincinnati files your appeal, they will need to include two things. First, they’ll need to include evidence to show that the claim should have been paid in the first place. Second, they will need to demand certain damages in their appeal.

If your appeal is successful, you will receive your insurance proceeds check within a week or two. If, however, the insurance carrier still denies your claim, your only option will be to file a lawsuit against the other driver. If you do this, the other driver’s insurance company is legally required to defend them in the lawsuit. This means that the defendants attorney will probably use the same argument in court that they used to deny your claim.

Your auto accident lawyer in Cincinnati will be well prepared to disprove the defendant’s argument. They will submit evidence showing that the other driver caused the accident. They will also submit proof of your damages.

If Need Be, Your Personal Injury Lawyer in Cincinnati Will File Suit

Filing suit is always the last resort. It’s better for all parties involved if you can reach a settlement. Just filing a complaint against the other driver costs money. It will also take your personal injury lawyer in Cincinnati time to prepare your case, put together the necessary evidence to prove your case, and serve it on the defendant. Rather than do all of this, it would be much better if your lawyer could reach a settlement with the insurance carrier.

There are many benefits to settle on your case out of court. Some of them include:

  • if you go to trial, there’s always a chance that you’ll lose
  • trials are expensive and time-consuming
  • the judge will more than likely push you to settle your case anyway
  • when you settle your lawsuit, you will get a lump sum payment
  • even if you win in court, it could be months or years before you see a dime

If the defendant’s insurance policy was not valid, you’ll have no choice but to sue them personally. This is never a good thing. If you go to court, you will more than likely win. Any driver who operates a motor vehicle without valid insurance will be hard pressed to prove that they’re not responsible for the crash. The way the judge sees it, if they were irresponsible enough to drive without valid insurance, they were probably irresponsible enough to be negligent.

Contact a Seasoned Personal Injury Lawyer in Cincinnati Right Away

If you and your family have been involved in a motor vehicle accident, it’s always a good idea to contact an auto accident lawyer in Cincinnati, Ohio. In the days and weeks following your crash, you’ll be focused on recovering from your injuries and getting back to your normal life. The last thing you’ll want to do is fight with the insurance company over your accident claim. This is why we suggest you call our office as soon as possible and schedule your free, initial consultation. As explained above, the other driver will be represented by the insurance company’s team of lawyers. You don’t want to be at a disadvantage. Since the consultation is free, you really don’t have anything to lose.

Jay A. Bolotin is a partner at the injury law firm of Young, Reverman & Bolotin. Serving the people of Indiana, Kentucky, and Ohio, Jay dedicates his career to helping clients in the tri-state area obtain financial compensation after suffering serious injuries. He focuses his practice on cases involving car accidents, trucking accidents, dog bites and animal attacks, and other types of personal injury incidents.

Years of Experience: More than 25 years
Registration Status:: Active
Bar Admissions: Illinois, Kentucky, Ohio, Indiana, and Cincinati Bar Association