Car insurance companies are in the business depositing premium checks and paying out as little as possible or nothing at all in order to keep their money. Then, once they receive premium payments, they invest those payments and make even more money. One of the tactics that they use to keep their money is to deny claims against their insured people, even when the police report and the statements of the claimant and independent witnesses are clear on who caused the accident. That tactic is frequently used by small insurance companies that only insure high risk drivers at minimum policy limits.
Without losing your temper, you have every right to inquire with the opposing insurance company as to the basis for the denial of your claim. It’s likely to be for one of the following reasons:
- They’re disputing liability and saying that the accident was your fault.
- The use of the vehicle fell within a policy exclusion.
- The driver’s policy lapsed and his or her coverage was cancelled.
- The insured person failed to give his or her insurance company timely notice of the accident, and that denied the insurance company an opportunity to investigate the claim.
- A phantom third party caused the accident and fled the scene.
- You didn’t suffer any actual injuries, so you’re faking.
Appealing the Denial
Just about every insurance company has a process in place for appealing a denial of liability. Even if a personal injury lawyer submits all of the documents and evidence that you need for purposes of an appeal with the insurer, the denial is still likely to be rubber stamped. The only way that you can compel that insurance company to pay is through a judge and jury. That might not work either. You might need to garnish the insurance company’s bank account after taking a judgment. It’s happened before. That’s how bad some of these insurance companies are.
You Still Have Access to the Courts
If you believe that you have a legitimate personal injury claim from an auto accident in or around Spokane and the opposing insurer denied your claim, you’ll want to arrange for a free consultation and case evaluation with our Spokane Car Accident Lawyers. We’ll give you our fullest attention and answer your questions. Then, we’ll advise you of all of your legal rights and options. If the only viable option after a denial is a lawsuit, and you have a sufficient factual basis for one, we’ll file it right away. We’re not shy, so we’re not at all apprehensive about trying cases when we need to. The investigating police officer and any independent witnesses might be the best witnesses that you have. If the person who caused your accident was ticketed with a moving offense and pled guilty, that guilty plea might be used against him or her too.
There might even be traffic or surveillance camera footage of what really happened.
We’re experienced and effective personal injury lawyers. You don’t even need to pay us a penny to retain us either. If we enter into a retainer agreement with you, no legal fees are even due unless we enter into a settlement or obtain a verdict on your behalf. Don’t hesitate to contact us right away after being injured in any accident in or around Spokane. The sooner that you speak with us, the sooner we might be able to preserve evidence on your behalf.