Can a Georgia Car Accident Lawyer Help Me If My Insurance Claim Was Denied?

August 1, 2019

Did you file a car accident claim by yourself, only to have it denied by the insurance company? Albany, GA, insurers deny compensation claims all the time. Sometimes, their decisions are justified but many times they just exploit any opportunity to minimize their losses. One thing is certain: you should not give up your claim without consulting a Georgia car accident lawyer.

How Can a Georgia Car Accident Attorney Help with a Denied Insurance Claim?

The denial letter you received from the insurer company should also include their reasons. Most car accident attorneys will start from it. However, it is not uncommon for insurance companies to give general justifications, of little to no use.

A detailed review of your claim will allow the Georgia car accident attorney you consult to identify possible reasons for the denial. They will then take measures to eliminate those reasons and determine the insurer to accept your claim.

They should have no problem succeeding and getting you a settlement offer. Even if the insurer refuses to settle, there are appeal options available. A dedicated car accident attorney will not rest until they get you the compensation you deserve.

Returning to the insurer’s denial of your claim, it could have several reasons, reviewed in the following lines.

Possible Reasons Why the Insurer May Have Denied Your Car Accident Claim

1. You Contributed to the Accident or You Could Have Avoided It

Upon investigating the accident you were involved in, the insurance company may have concluded that you contributed to it. This could happen if you were under the influence of alcohol or drugs at the time of the accident. Perhaps you allowed an unlicensed person to drive your car, or you drove at high speed.

Even if you shared fault for your accident but you were less at fault than the other party, you can still recover. According to Georgia negligence law, only people whose fault percentage exceeds 50% cannot recover their damages.

Of course, the insurance company will do everything in their power to attribute as much fault as possible to you. Every fault percentage they assign to you means less or no money out of their pocket. To defend your interests, you should get help from an experienced car accident lawyer in Albany, GA.  The latter will find a way to prove that your comparative negligence is not enough to justify a claim denial.

2. You Waited Too Long Before Filing the Claim

According to the Georgia statute of limitations, you have two years to claim compensation for injuries. If that period expired or is about to, the insurer will take advantage. However, an experienced auto accident attorney may be able to prove that your case qualifies as an exception and your late filing is

3. You Did Not Complain about or Seek Treatment for Any Injuries

One of the first thing accident victims should do after the crash is to see a doctor. This way, they can have their injuries diagnosed, treated, and proven. If you did not see a doctor or you assured everyone that you were unharmed, it is no wonder the insurer denied your claim.

You may still be able to document your injuries and prove their connection to the accident, so do not give up yet. Instead, see a car accident lawyer, and ask them to recommend a doctor that can help you document your injuries and their cause.

4. Your Car Accident Claim Refers to Pre-Existing Conditions

Does your medical history cover the type of injuries or conditions included in your compensation claim? It could be enough to get the insurer to deny your claim. All you have to do is prove that your injuries or condition aggravated as a result of the accident. An Albany car accident lawyer can help with that and more.

5. Wrong Defendant

Are you sure you filed your compensation claim with the right party? Some car accident cases are so complicated that it is difficult to assess liability for them. Generally, victims can seek compensation from the insurance company of the party at fault if that party carries insurance. If they are uninsured, victims may be able to seek compensation from their own insurer. It is better to have a car accident attorney review your case and determine who the best defendant for your claim is.

Schedule a FREE Consultation with an Experienced Georgia Car Accident Lawyer!

If the insurance company denied your claim, we can help. We know all about their practices, and we will not let them get away without paying. Make an appointment with a Georgia car accident lawyer at Joe Durham J.R., P.C., today! We will help you find out why the insurer denied your claim and convince them to accept it!