What to Do If Your Personal Injury Claim is Denied

What to Do If Your Personal Injury Claim is Denied

July 29, 2024

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    What to Do If Your Personal Injury Claim is Denied

    What to Do If Your Personal Injury Claim is Denied

    July 29, 2024

    If the insurance company denies your car accident claim, you do not have to accept this denial as a final decision. According to the California Department of Insurance (CDI), you may have options to appeal your denial. Consulting a personal injury team is advisable if you are not already represented by one. Your legal team can assist you in submitting a written appeal, which should include:

    • Your personal contact information
    • Your lawyer’s contact information
    • Copies of all insurance correspondence
    • Your account of the cause of the accident
    • An explanation of your claim’s validity
    • Documents that support your claim

    Your lawyer can help you understand the next steps and effectively navigate the appeals process. They can assist you in pursuing financial compensation from the negligent driver who caused your injury.

    A Personal Injury Law Firm May Help You File an Appeal

    Fighting an initial denial of your insurance claim on your own can be challenging. By hiring a personal injury lawyer to assist with your appeal, they may:

    • Scrutinize your car accident report to establish the cause of the accident
    • Re-interview accident witnesses to confirm the at-fault driver’s actions
    • Ensure your initial claim and appeal adhere to mandated filing deadlines
    • Evaluate and initiate the process of filing an appeal with the insurer
    • Explore other options for pursuing compensation, such as filing a lawsuit

    Your lawyer can review your policy and the at-fault driver’s insurance policy for potential compensation options. They might also reassess your compensation claim to ensure its value is accurately calculated.

    Potential Financial Damages from Filing an Appeal

    A denial of your initial claim with the at-fault driver’s insurance provider does not mean you have no other options for financial recovery. If your appeal is successful, you might still be able to recover the following damages:

    • Accident-related medical expenses
    • Lost wages or income due to injury
    • Funeral and burial expenses, if applicable
    • Costs of repairing or replacing your vehicle
    • In-home medical or domestic services
    • Physical and emotional pain and suffering
    • Loss of society and companionship

    The California Civil Code (CIV) §1431.2 outlines the types of non-economic damages you may be entitled to collect after being injured in an accident. Your lawyer can guide you through the appeals process or file a lawsuit to help you recover from the financial impact of the collision.

    Obtain a Copy of Your Car Accident Report

    Your car accident report is one of many documents your legal team may request. Along with reexamining and resubmitting photos of your and the at-fault driver’s vehicles from various angles, your lawyer may re-interview accident witnesses listed in the car accident report.

    Proving the at-fault driver’s financial liability for your accident costs often relies on the documentation the accident generates. Your car accident report may also indicate whether:

    • Drugs or alcohol played a role in the accident
    • The at-fault driver was distracted when the crash occurred
    • The at-fault driver ignored traffic signs or was otherwise inattentive

    When building your case, provide your lawyer with a copy of the official report and any correspondence with the at-fault driver’s insurance company. Your lawyer may also initiate settlement negotiations to resolve your case.

    Your lawyer might reach a settlement agreement with the at-fault driver’s insurance company, benefiting all involved parties. If you and the at-fault driver cannot agree on a settlement, your lawyer can continue to assist you by navigating the process of filing a personal injury lawsuit and representing you in court.

    Do Not Give Up on a Denied Insurance Claim

    If your initial claim for compensation was denied by the at-fault driver’s insurance provider, you do not have to give up on pursuing financial compensation. If you choose Avian Law Group to handle your car accident claim, we can help you define a plan of action and determine what to do if the insurance company denies your claim.

    Contact the personal injury team at Avian Law Group by calling (888) 465-0540 today to find out how we can help you file an appeal and continue fighting for the financial compensation you deserve.

    Posted by

    Laura Delgado

    Laura Delgado is an accomplished digital marketing specialist at Avian Law Group. She brings with her a wealth of experience and a strong background in criminal justice and psychology, which has proven to be invaluable in her role at the firm. Laura’s exceptional leadership qualities and her ability to excel under pressure enable her to adapt to any situation and contribute significantly to the team.