Accident claim denied? You can fight back

While on your way to work, you decided to stop at the gas station to fill up your tank and grab a coffee. As you approached the gas station, you glanced in your rearview mirror and noticed the driver behind you was following rather closely. You do not want to be involved in a collision, so you immediately flip your right turn signal and begin slowing down so that the other driver has plenty of time to realize you were about to turn.

Unfortunately, your actions were not enough. As you made the right turn, you suddenly feel an impact on your passenger side. Apparently, the other driver had disregarded your turn signal and decided it would be a good idea to try to pass you on the right.

After the accident, you took the appropriate first steps and called the police and your insurance company, and exchanged information with the other driver. A Columbus officer arrived to make a police report and he agreed the other driver was at fault.

You expected an open and shut case, his insurance would pay for your damages and everything would be fine. A few days later you got the phone call from his insurer. They would not be compensating you for the damages and furthermore, claimed that the accident was actually your fault. Read further to find out what you can do if the insurance company denies your claim.

Reasons for a denial

Part of appropriately responding to a claim denial is understanding why the insurance company denied it in the first place. The two main reasons why an insurer might deny a claim are that the adjuster thinks you do not have a claim or the insurer hopes you will give up and drop it.

After you receive a denial

Once an insurance company denies your claim, it is time to speak with an attorney. If you try to fight back against the insurance company yourself, the insurer will more than likely simply ignore you. However, if you go through legal channels, the insurer will take your claim more seriously.

Sending a demand letter

The first step your attorney might take is to draft and send a demand letter. This letter is a formal claim that provides a detailed account of your side of the accident. It will include the details of the damage to your car, your injuries and why the other driver was at fault for the accident. Upon receiving this letter, the insurer may respond with a specific reason why they chose to deny the claim or the company may choose to go ahead pay for the damages.

Formal process and lawsuits

Since most insurance companies have a formal appeals process, your attorney may be able to negotiate a settlement instead of demanding compensation for the damages. However, if the insurer refuses to negotiate or denies the demand letter, it may be time to take the fight to court.

If you have been involved in an accident in the Columbus area and the negligent driver's insurance company denied your claim, it is important to remember that you can fight back. By going through a formal appeals process, filing a lawsuit, or simply sending a demand letter to let the insurer know you mean business, you might be able to get the compensation you deserve.

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