What to Do When You are Injured by a Negligent Driver, But the Insurance Company Refuses to Pay
It’s frustrating enough to experience an injury due to someone else’s negligence. But injury victims aren’t always fairly treated by insurance companies. If this has happened to you, don’t panic. You do have options, and you don’t have to go through it alone. At Carmody & Ging, Injury & Accident Lawyers, we help injured Pennsylvanians fight for the compensation they deserve for their injuries and losses.
Why was my injury claim denied?
A car accident injury claim might be denied because:
- If you didn’t provide enough documentation, the insurance company might say they don’t have evidence to approve your claim.
- Insurers often argue that your injuries existed before the accident and, therefore, aren’t covered.
- If the insurance company thinks you were at fault, they may deny your claim.
- Some policies don’t cover certain types of injuries or have limits on how much they’ll pay.
You should consult with a trusted Pittsburgh injury lawyer right away to see that you are compensated fairly for your loss.
Gather evidence
An experienced attorney will gather evidence to successfully pursue your case, such as by obtaining:
- Your medical records, which show the extent of your injuries and link them to the accident.
- Witness statements from people who saw the accident can strengthen your claim.
- Police reports, if law enforcement or your employer documented the incident, these reports can help prove your case.
- Visuals, like photos and videos of the accident scene, injuries, or property damage, can be compelling evidence.
- Medical experts or accident reconstruction specialists can provide professional opinions to support your case.
Negotiate with the insurance company
Many companies are willing to settle to avoid the risk of a lawsuit. Our lawyers can negotiate on your behalf to seek a fair settlement amount.
Remember, insurance companies are skilled at minimizing payouts, so it’s important to have an experienced injury lawyer advocating for you. If negotiations fail, the next step is typically legal action.
File a lawsuit
If the insurance company refuses to pay a fair settlement, you may need to take legal action. Here in Pennsylvania, personal injury lawsuits follow some specific rules:
- You generally have two years from the date of the accident to file a lawsuit.
- Pennsylvania follows a modified comparative negligence rule, which means that you can recover damages as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by the percentage you were at fault.
- Compensation can include medical expenses, lost wages, pain and suffering, and more.
Remember, filing a lawsuit doesn’t automatically mean you’re going to trial. Many cases settle before reaching the courtroom. However, if the insurance company won’t offer a fair settlement, a judge or jury can decide your case.
Work with an experienced Pittsburgh injury lawyer
It can be overwhelming dealing with a denied claim, especially when you’re trying to recover from injuries. Our experienced Pittsburgh injury lawyers can handle the appeals process, negotiate with the insurance company, and take legal action if necessary.
At Carmody & Ging, Injury & Accident Lawyers, we know how insurance companies operate, and we fight for your rights. We offer free consultations so you can discuss your case without any upfront costs.
How can I prevent a claim denial?
To improve your chances of a successful claim, consider the following tips:
- Seek medical attention right away. Waiting too long to see a doctor can make it more difficult to prove your injuries.
- Follow your doctor’s orders. Failing to follow medical advice can lead insurers to argue that your injuries aren’t severe.
- Document everything. Keep copies of medical records, accident reports, and all communications with the insurance company.
- Consult an injury lawyer early in the process. Having a lawyer involved at the start can help prevent mistakes that lead to denials.
Whether through an appeal, negotiation, or lawsuit, the Pittsburgh accident attorneys at Carmody & Ging, Injury & Accident Lawyers are here to help you every step of the way. If your injury claim has been denied, don’t wait — contact us today for a free consultation and let us help you get the justice you deserve. Call us or fill out our contact form to schedule your free initial consultation.