How to Appeal a Georgia Car Accident Claim

August 8, 2019

To recover their losses, Albany car accident victims usually need to file an insurance claim. They can do it by themselves or with the help of a Georgia car accident lawyer.

The defendant to the claim can be the insurer of the party at fault, when the party at fault carries coverage. When the party at fault is uninsured and the victim carries uninsured/underinsured coverage, they can seek compensation from their own insurer.

But just filing an insurance claim does not guarantee recovery. In fact, most insurance claims are initially rejected. Those that are accepted often receive settlement offers for very low amounts. To avoid paying, insurance companies will exploit any mistakes or inconsistencies.

Many claimants fall into their trap and accept rejections or low settlements. Others know better and hire a car accident lawyer to file an appeal. What does appealing a car accident claim involve and how can a Georgia car accident attorney help? We will get into more details in the following lines.

Appealing a Car Accident Claim and the Role of the Georgia Car Accident Lawyer

When the insurance claim was filed with the right defendant and the denial was unjustified, claimants can file an appeal. They can also do so when the settlement offer they receive does not cover their losses.

The first step to it would be to respond to the insurer’s denial letter and invalidate their reasons for denying the claim or diminishing its value. It basically means requesting the insurer in writing to reconsider their decision and explaining why they should do it.

It is important to have the letter prepared by an experienced car accident lawyer. They will know how to present the facts and prove their point, giving the insurer no alternative but to accept the claim and pay the due compensation.

If the insurer insists on denying the claim, the next step would be to file an appeal with the Georgia Department of Insurance. The Insurance commissioner will review the claim to determine if the insurer acted in good or bad faith. They will then recommend a solution to solve the dispute.

When insurance companies deny claims without a reason and offer derisory settlements, they can be sued for bad faith. Of course, taking them to court will not be easy. All insurance companies have experienced lawyers defending their interests. Proving their bad faith will not be easy, and should not be attempted without the help of an Albany car accident lawyer.

There are also situations when insurance companies deny claims for the right reasons. In some cases, the claimant does not provide enough evidence to prove their losses and justify the value of their claim. As a claimant, you should not expect anyone to care about you and your losses. It is your duty to provide such solid evidence that it would make it impossible for anyone to deny your claim or reduce its value.

If you did not do it the first time, you should at least focus on that during the appeal. Georgia laws do not care about principles. They care about facts and evidence. It does not matter who is right or wrong, all that matters is what the parties can prove.

That is why it is better to let appeals to experienced car accident lawyers. The latter will know how to prove your point and get you the compensation you deserve. They will take care of all the paperwork and follow all the necessary procedures in your place.

Whether the appeal involves dealing with the insurer commissioner or going to court, your car Georgia car accident lawyer will see to everything. They will save you time and effort, and they will bring you peace of mind.

Of course, you will not enjoy these benefits if you decide to try your luck on your own and you do not get legal help. It is important to note that many Georgia car accident lawyers offer free preliminary consultations. This means that getting their opinion on your case will not cost you anything, so you have no reason not to do it.

Schedule Your FREE Consultation with a Georgia Car Accident Attorney Now!

At Joe Durham Jr. P.C., we love teaching insurance companies a lesson. Whether they denied your claim or they are offering less than you deserve, we can help you appeal their decision. Make an appointment today by calling our office or filling in the online form! Our Georgia car accident lawyers will review your case for free and identify the best appeal strategy.