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Reasons for Denied Personal Injury Claims

When someone is injured in an accident, whether it was a car accident, a bicycle accident, a boating accident, a slip and fall accident, or an accident that occurred on someone else’s residential or commercial property, usually what happens is the injured party (plaintiff) files a claim against the at-fault party’s insurance company. But do all such claims get paid, or do insurance companies ever deny claims?

There is no guarantee that an insurance company will accept liability and pay a claim filed by someone other than their policyholder. While many claims do go through and are successfully paid, there are others that are denied by insurance carriers. So, the question is, why would an insurance company deny an injured person’s claim?

Top Reasons for Denied Personal Injury Claims

While there are all kinds of reasons why an insurance company will reject someone’s claim, below are the main reasons that our personal injury attorneys have seen insurance companies deny claims:

1. There is no police report. Police reports are very important. Unfortunately, people are in the habit of not calling the police because they don’t want the accident to go on their record and increase their insurance rates. Failing to call the police to the scene of an accident can be a big mistake when it comes to the claims process.

Insurance companies can make a big deal about it when there is no police report. If you’re ever in an accident, call 911 and ensure the police come and write a report.

2. There were no witnesses. Contrary to popular belief, insurance companies place a lot of importance on witnesses. Sometimes, if there weren’t any witnesses, it’s as if the accident never happened. This sounds crazy, but there is something that you can do: Don’t underestimate the value of witnesses! If one or more people were there to see the crash, get their contact information and forward it to your personal injury attorney.

3. You did not see a doctor. This is a BIG one. We know that accidents can flood us with adrenaline, so sometimes our pain is masked for hours if not days after the accident. The problem is, sometimes people mistakenly believe they are not hurt and they don’t seek medical attention in a timely manner. This can hurt your case!

Even if you see a doctor weeks later, the insurance company can still argue that you weren’t really hurt because it took you so long to seek medical attention. Our advice is to see a doctor or chiropractor within 72 hours at the most of a car accident, but the sooner the better.

4. You said the accident was your fault. After a crash, one of the single, most common mistakes people make is saying the accident is all their fault, either to the other driver or to the at-fault driver’s insurance company. Never admit fault to the other driver or an insurance company, because it may not be your fault at all. Instead, let the insurance company investigate the accident and decide.

Next: Is New York a Fault Insurance State?

We hope you found this information useful. To file a car accident or other personal injury claim in Schenectady, contact DeLorenzo, Grasso & Dalmata, LLP to get started.