Denied Car Insurance Claims in Georgia

What If Car Insurance Denies Your Claim

If you are told your insurance claim was denied, it helps to talk with a lawyer. With over 26 years of experience and history of impressive outcomes, attorney Marsh will immediately ask if you’ve received the denial in writing. You should have a letter stating your insurance claim is denied and why. By understanding the reason for the denial, you can decide what to do next.

Whatever the situation, Mr. Marsh will assess your claim quickly and pinpoint any mistakes the insurance company made regarding your car accident claim. Let him investigate and find a way to secure all the compensation you deserve.

Common Reasons Insurance Claims Are Denied

It’s fairly common for insurance companies to deny claims. These companies would much rather deny a claim than payout on every claim that comes their way. The more they pay, the less they profit. That’s why you shouldn’t automatically accept an insurance claim denial that you believe to be valid.

At The Marsh Law Firm, we are here to help when your insurance claim is denied because of:

• Disputed Liability. When you file a claim with an insurance company, an adjuster opens an investigation. The company will decide who it believes was at fault for the crash. If the insurer determines its policyholder wasn’t at fault, it will deny your claim based on a lack of liability. In other words, the insurance company is not accepting fault.
• Policy Exclusions. During the investigation, the adjuster will scrutinize whether the policy covers the circumstances and damages. Not all auto insurance policies cover all types of accidents and injuries. There are also policy exclusions. For instance, a liability policy might not cover the damages the policyholder causes while on business. The insurer can deny your claim if the policy doesn’t cover it, or it falls within an exclusion.
• Lapsed Policy. This means the policy lapsed, or wasn’t in effect because the policyholder failed to pay the premium. In this situation, you’re dealing with an uninsured driver.
• Failure to Notify. Most insurance policies require policyholders or claimants to notify the company of an accident within a reasonable time. Notification is required regardless of who was at fault. Some drivers can call or use a mobile app to notify their insurer while still at the scene. It is wise to notify (1) the insurance company that issued the policy AND (2) the insurance agent you bought the policy from, in writing by certified mail, return receipt requested immediately after the accident. Waiting too long could lead the company to deny your claim.
• Lack of Documented Injuries. You should see a doctor after a car accident. If you don’t have a medical evaluation and documented injuries, the auto insurance company will likely deny your claim. Even if you’re hurt, you need proof.
• Nonpermissive Driver. When someone is driving a vehicle without permission, he or she might not be insured under the policy.

Filing a Lawsuit Against an Insurance Company

It’s important to distinguish between whether your insurance company or the other party’s insurance denied the claim. This impacts your rights, particularly if you’re worried an insurer acted in bad faith.

If the at-fault driver’s insurance won’t pay, then it’s time to consider filing a lawsuit. Mr. Marsh will scrutinize the evidence and offer you a candid opinion on whether you should file a lawsuit and pursue a court award.

By preparing for trial, it doesn’t mean you will end up in court. A lawsuit is an effective tactic to get insurance companies to turn over documents in the discovery phase about your denial. It also puts insurers on notice that you are taking the case seriously. When insurance companies are forced to hand over documents and contend with an attorney who is ready for trial, it gives you the advantage.