Partner at AKD Lawyers
Practice Areas: Insurance Claims
Navigating the world of car accident claims can be daunting, especially when an insurance company denies your claim. It’s no secret that insurers are more focused on their bottom line than on helping policyholders. If your car accident claim has been denied in Louisiana, it’s crucial to understand why and what steps you can take next. An experienced attorney can be a valuable ally in this process. Let’s explore the ten common reasons why car accident claims are denied in Louisiana and what you can do about it.
Understanding Car Accident Claims in Louisiana
How Car Accident Claims Work
Car accident claims involve filing a request with an insurance company to cover the damages and injuries sustained in a car accident. This process requires you to provide evidence, complete forms, and sometimes negotiate with the insurer. While it sounds straightforward, insurers often find reasons to deny claims.
Common Challenges Faced by Claimants
Many claimants face challenges such as lack of documentation, administrative errors, or misunderstandings about policy coverage. Knowing these challenges can help you prepare better and avoid some common pitfalls.
Top Reasons for Car Accident Claim Denials
1. Coverage Does Not Apply
One of the most common reasons claims are denied is because the coverage doesn’t apply. This could happen if the other driver lacks the required liability coverage or if there are exclusions in your policy that you might not be aware of. For example, if someone not listed on your policy was driving your car during the accident, your claim could be denied. Reviewing your policy thoroughly and understanding the exclusions can save you from surprises later.
2. Lack of Evidence
Insurance companies require solid evidence to validate a claim. This includes crash reports, medical records, and witness statements. Without sufficient proof, insurers might deny your claim, arguing that there’s not enough evidence to support it. Working with an attorney can help you gather and present the necessary evidence, making it harder for the insurer to deny your claim.
3. Failure to Report Your Car Accident to Law Enforcement
In Louisiana, you must report a car accident to the police if there is injury, death, or property damage exceeding $500. Failing to do so can lead to your claim being denied, as it signals to the insurer that the accident wasn’t severe enough to merit coverage. Always ensure that you report the accident promptly to protect your claim.
4. Policyholder Not At Fault
Insurance companies often deny claims if their policyholder isn’t at fault. They may attempt to shift the blame to another party, including you. If fault is disputed, insurers will investigate the accident thoroughly, sometimes using accident reconstruction experts. In such cases, an attorney can help you establish who was truly at fault.
5. Preexisting Injuries
If you have injuries from previous accidents or conditions, insurers might deny your claim, arguing that your current injuries were not caused by the car accident. However, preexisting conditions should not impact the compensation for new injuries. A lawyer can help demonstrate how the accident aggravated your existing injuries, making it more difficult for insurers to deny your claim.
6. Administrative Errors
Sometimes, claims are denied due to administrative errors, such as missing deadlines or incomplete forms. Insurers might use these mistakes as grounds for denial, hoping that frustrated claimants will abandon their claims. It’s important to carefully follow all instructions and deadlines when filing a claim. If you run into administrative issues, an attorney can help ensure that the insurance company addresses your claim fairly.
7. Claimant’s Contribution to the Accident
If the insurance company finds evidence that you contributed to the accident, they might deny your claim. This includes behaviors like speeding, distracted driving, or other violations. Some policies even have clauses that void coverage if the driver was under the influence or committing a crime at the time of the accident. Understanding these clauses can help you know what to expect if you’re partially at fault.
8. Failure to Seek Medical Treatment
Seeking medical attention immediately after an accident is crucial. Insurance companies look for medical records to validate injury claims. If you delay seeing a doctor, the insurer may argue that your injuries aren’t serious or were caused by something other than the accident. Even if you feel fine, it’s always wise to get checked out after a car accident.
9. Overvalued Claims
Your claim should accurately reflect your losses, including property damage, medical expenses, and other related costs. If an insurer believes that you’ve overvalued your claim or included unnecessary treatments, they might deny it. Keeping detailed records of all expenses and consulting with professionals to assess your damages can help you avoid overestimating your claim.
10. Statute of Limitations
In Louisiana, you only have one year from the date of the accident to file a personal injury claim. Missing this deadline typically means losing your right to seek compensation. Always be mindful of this short timeframe and act quickly to protect your rights. Exceptions can exist, so it’s best to consult an attorney to explore your options if you think you’re out of time.
What to Do If Your Car Accident Claim Is Denied
Steps to Take Immediately After a Denial
If your claim is denied, don’t panic. Review the denial letter carefully to understand the reasons given by the insurance company. Gathering additional evidence or correcting any errors can sometimes reverse a denial. It’s also a good idea to keep all correspondence and notes related to your claim.
Appealing a Denied Claim
Appealing a denied claim involves challenging the insurer’s decision with additional evidence or arguments. An attorney can guide you through this process, ensuring that your appeal is strong and well-supported. They can also help negotiate with the insurance company or take your case to court if necessary.
How an Attorney Can Help
An experienced car accident attorney knows the tactics insurers use to deny claims and can help you navigate the appeals process. They can gather evidence, handle negotiations, and fight for your rights to ensure you get the compensation you deserve.
How to Prevent Car Accident Claim Denials
To prevent claim denials, document everything related to your accident. This includes taking photos at the scene, getting witness statements, and keeping all medical records and receipts. Report the accident promptly and provide complete and accurate information to your insurer.
Why Hire a Car Accident Attorney in Louisiana?
Hiring a car accident attorney can make a significant difference in the outcome of your claim. They bring expertise, resources, and an understanding of Louisiana’s specific laws to your case. The right attorney can help you navigate the complexities of insurance claims, protect your rights, and work to secure the compensation you deserve.
Conclusion
Car accident claim denials can be frustrating, but understanding the common reasons for denials and knowing how to address them can make a big difference. If you’ve had a claim denied in Louisiana, consult with a qualified attorney who can guide you through the process and help you fight for your rightful compensation. Don’t let a denial discourage you—take action today to protect your interests. For a free consultation, contact Alvendia, Kelly & Demarest online or call 504-618-1632.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
