Tool Free: 888-765-4321

Top NYC Personal
Injury Lawyers

Over 50 Years Of Experience On Your Team.
24/7 Legal Help.

What Do I Do If The Other Driver And Insurance Company Deny Liability?


In this case, you are certain that it was your turn get into the lanes after stopping at the street signs at the four-way intersection. However, another motorist saw it differently. This resulted in your BMW X6 getting struck by the other driver’s car. However, the only injury you had was a simple bruise to the knee as much as you were shaken. However, your car was damaged. You took detailed notes, snapped a few pictures, and called the at-fault driver’s insurance company to claim for your compensation.

You insisted that the other driver was at fault after following the road rules and regulations to the latter. However, your claim was denied by the other party’s insurance company.

Reasons Your Claim can be denied by the Insurance Company
There are many reasons available why your at-fault driver’s insurance company denied your claims. Even if the incident does not appear to be correct, there are two main categories of reasons why they can deny your claim. Either the insurer hopes you can’t pursue the claim or the adjuster believes the claim lacks enough merit. The insurance adjuster may also think that the part of your story is not what happened or they have a witness who did not record what you said.

Other possible reasons for denial could be:
• Failure to Notify Insurer in Time: Policies often dedicate the amount of time you should take to notify the insurer in case of an accident for you to get covered. This is the reason why you must notify the at-fault driver’s insurance company immediately.
• The policy has Lapsed: If the at-fault driver failed to pay their premiums in time thus rendering their contract with the insurance company at risk, the insurer could say that they were not covered during the accident period. For this reason, you should rely on the uninsured coverage for motorist for compensation.
• Exclusion in the Policy: If the insurance policy excludes the natural occurrences such as the hail storms, rain, and dust, the insurance coverage provider can dispute the claim if it believes these natural occurrences were the real causes of the accident and not the claimed driver.

What to Do Next After Such Denial
If your claim is denied despite the fact that it appears valid in your eyes, which is a formal compensation claim for the side of the story you tell, the value of the vehicle as well as the injuries you sustained during the accident and why the driver was at fault. The insurance provider must provide a reason why they denied the claim or reverse their decisions. Moreover, they can choose to offer a portion of the damages.

If your lawyer suspects the insurance company engaged in some acts that are not allowed by the particular state laws, they can get additional claims on legal stands in a letter that claims their injuries. The state of Illinois, for instance, lists many prohibited actions for improper practice claims. This does not exclude the refusal to pay compensation claims without a proper prior investigation based on the information presented.

Formal Processes for Appeal
If the insurance policy provider has a formal appeal process, then a better opportunity for settlement negotiation has presented itself through your NYC personal injury attorney. The use of arbitration to have the matter solved is possible. New Jersey, as well as some other states, requires the insurance policy providers to provide an appeal process for the compensation claims provided.

When It Makes Sense to File Litigation
If the insurance provider denies the claim of your lawyer, you can file a lawsuit against the insurance firm. However, you must bear it in mind that your lawyer will not hassle much into compensation claims that may not succeed in the end. Some cases are that the compensation case can amount to a more expensive cost than the outcome compensation. This means you don’t need the litigation process.

Get a Free Insurance Claim Evaluation.
It’s not pleasant to engage in car accidents whether they result in a scratched bumper or catastrophic car accidents. If the at-fault driver’s insurance denies your legal claims for compensation, things can grow worse even if you were not at fault. Consider having the NYC personal injury lawyers if you need help making a decision.

Contact Us

VIdeos

Newspaper

Our Case Results

Request Free Consultation

Please feel free to email us any questions regarding services that we may assist you with. You may also contact us by mail, telephone or fax.