Auto Insurance Claims: When Will Companies Pursue?

will auto insurance company prsue a claim

After a car accident, the last thing a driver needs is the stress of arguing with an auto insurance company. Unfortunately, some companies are slow to pay out claims, make lowball offers of compensation, or try to deny coverage for claims that should be paid for. In some cases, a driver may need to hire a lawyer to fight a denied claim. This can be a costly and time-consuming process. It is important for drivers to understand their rights and responsibilities when it comes to making an insurance claim, as well as the factors that can impact their insurance rates.

Characteristics Values
Whether an insurance company will pursue a claim Depends on whether the claim has merit, whether the policyholder will pursue the claim, and whether the insurance company is acting in good faith
Reasons for denying a claim Lack of merit, failure to notify the insurer in time, policy lapses, exclusions in the policy
Actions to take if a claim is denied Hire an auto accident attorney, send a demand letter, file a bad faith claim, appeal, consult a personal injury attorney
Factors that determine auto claim payouts State laws, fault for the accident, extent of damage, value of the vehicle, types of coverage, deductible, policy limits

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The insurance company may deny the claim if the adjuster believes it lacks merit

An insurance adjuster is hired by the insurance company to investigate a claim and determine how much the company should pay out. They will assess the damages, look into the details of the accident, and speak with the claimant and witnesses. Ultimately, the adjuster has the insurance company's best interests in mind and will perform their duties with a certain degree of bias.

If the insurance adjuster believes that a claim lacks merit, the insurance company may deny the claim. This is one of the two main reasons why insurers deny claims, the other being that they hope the claimant will not pursue the claim further.

In addition to a lack of merit, an insurance company may deny a claim for the following reasons:

  • Exclusions in the policy: For example, if an insurance policy excludes "acts of God" (natural events), the insurer may dispute a claim if it believes a natural event, such as a hailstorm, was the cause of the accident rather than the other driver's negligence.
  • The policy has lapsed: If the policyholder failed to pay their premiums, allowing their policy to lapse, the insurer may claim there was no insurance coverage at the time of the accident.
  • Failure to notify the insurer in time: Most policies dictate how soon an accident must be reported to be covered.
  • Policy limits: Every policy has limits on how much it will pay out, and if a claim exceeds those limits, the insurer may deny it.
  • Breaking the law: If the claimant was in violation of state law when the accident happened, the insurer may deny the claim.
  • The accident was avoidable: Insurers may deny a claim if they believe the accident was the claimant's fault.
  • The claim is fraudulent: Insurers routinely watch for red flags that indicate a claim may be fraudulent, such as not reporting an accident immediately or not seeking medical attention.

If you believe your claim has been wrongly denied, you can contact your state's insurance department to find out how to submit a complaint and what to do next.

Understanding Your Auto Insurance Score

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The company may hope that you won't pursue the claim further

When an insurance company denies a claim, they may be hoping that you won't pursue the claim further. This is because the company's profit is the money they make in premiums minus their expenses and the insurance claims they pay. Like other businesses, insurance companies want to increase their profits by controlling expenses like insurance claims.

Insurance companies review their claims to ensure they only pay valid ones. Sometimes, a too-strict process can result in claims being wrongly denied. There might also be pressure within the company to look for ways to deny claims rather than objectively assessing their validity. This might come from the company's leadership, or individual adjusters or managers might be trying to increase their own bonuses.

If an insurance company denies your claim, it is important to know your rights and understand your policy. You have the right to be fully reimbursed for any claims you submit in line with the terms of your policy. If you believe your insurance company has denied or reduced a valid claim, you can pursue legal remedies by working with an experienced insurance lawyer.

To fight against an insurer who has denied your claim, it is important to keep detailed records of your interactions with the insurance company and all related documents. It is also helpful to know your insurance policy and rights. A thorough review of your insurance policy will offer insight into what is expected if you need to make a claim. Details on what is covered, what needs to be done to file a claim, how quickly a claim must be submitted, and the process for estimating damage reimbursement amounts are all included in your policy.

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The adjuster may rely on an eyewitness account

Eyewitness accounts are crucial in building a solid car accident case and determining fault. They provide an unbiased view of the incident and can help shed light on liability issues. Eyewitnesses can identify the drivers involved, note their speed, and describe other relevant circumstances. They may also be able to provide evidence that can support an insurance claim.

When a car accident occurs, there are typically multiple witnesses to the event. It is important to identify these witnesses and obtain their contact information so that they can be contacted later. This can include bystanders, nearby drivers, or passengers of the vehicles involved in the accident. In some cases, security footage from nearby companies or residences may also capture the crash.

It is important to interview witnesses as soon as possible after the accident, as details can become hazy or forgotten over time. Open-ended questions are recommended, and detailed notes should be taken of the conversation. Interviews should cover what happened during the accident, how the witness reacted, and any other relevant details they can recall.

In addition to eyewitness accounts, gathering physical evidence from the scene is also important. This can include photographs or videos of the accident, as well as physical objects that may have been damaged or left behind. A record of these items can be helpful when building a case against the responsible party.

While eyewitness testimony can be powerful, it is important to note that it is subject to errors and biases. Factors such as stress, mental state, time delay, biases, and lighting conditions can all impact the accuracy of eyewitness recollections. As such, it is important to thoroughly assess the credibility of an eyewitness before relying on their testimony.

Overall, eyewitness accounts play a critical role in car accident cases and can provide valuable insights into the events that occurred. By gathering information from eyewitnesses and combining it with physical evidence, individuals can better support their insurance claims and obtain the compensation they deserve.

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The company may dispute the claim if the policy has lapsed

A car insurance lapse occurs when a policyholder fails to renew their policy by the due date. After the car insurance renewal date expires, the insurance company will not entertain any type of claim as the policyholder does not hold a valid insurance policy. This means that if an accident occurs, the policyholder will have to bear the entire cost out of their own pocket.

If your car insurance policy has lapsed, it is important to contact your insurance company immediately. They may be able to reinstate your policy if the lapse was due to non-payment and it hasn't been too long since the missed payment. However, some insurers will only reinstate your policy as of the day payment is made, meaning that the time in between will be considered a lapse in coverage. In this case, you will not be covered for any accidents that occurred during the lapse.

If your insurance company is unable to reinstate your policy, you will need to purchase a new policy. This can be more expensive, as insurers may classify you as a high-risk driver and charge higher rates. You may also be required to pay fines or penalties for letting your insurance lapse. In some cases, the insurer may reject your policy renewal request altogether if the lapse period is too long.

To avoid a lapse in car insurance coverage, it is important to pay your premiums on time and renew your policy before the due date. Most insurance companies provide a grace period before cancelling your policy, but it is best not to rely on this to avoid a lapse.

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The insurance company may deny the claim if they receive notification after a certain period

Auto insurance companies are required by law to compensate their policyholders in the event of a loss caused by an accident. However, insurance companies are in the business of making money, and they realize significant profits by taking in more in premiums than they pay out in claims. As a result, insurance companies may employ various tactics to avoid paying claims or to minimize the amount they pay. One common tactic is known as "delay, deny, defend".

The "delay" part of this tactic involves insurance companies taking an unreasonably long time to determine whether the claimant had coverage at the time of the injury, or delaying an investigation. They may also request additional information that is not necessary to process the claim. During this time, they are looking for any opportunity to deny the claim. One reason for denial is failure to notify the insurer in time. Policies typically dictate how soon an accident must be reported for it to be covered. Therefore, accident victims need to notify the insurance company as soon as possible after the accident. If the insurance company is not notified within the specified time, the claim may be denied.

In addition to delaying and denying claims, insurance companies may also try to defend themselves by issuing a settlement for far less than the claimant is entitled to. This forces the claimant to either pay out of pocket or seek legal remedies to defend their claims in court. The prospect of litigating a claim can be expensive and uncertain, so insurance companies hope that claimants will settle for less than they deserve.

It is important to understand these tactics used by insurance companies and to seek legal assistance if necessary to protect your rights and ensure you receive fair compensation.

Frequently asked questions

If your auto insurance claim is denied, you can hire an auto accident attorney to help you fight the denial. A claim presented by a lawyer will usually be taken more seriously by the insurance adjuster.

Your insurance rates may increase after filing a claim, but this is not always the case. In the state of Louisiana, for example, insurance rates cannot be raised if the driver was not at fault for the accident.

It is important to review your insurance policy before switching companies, as there may be specific procedures to follow when filing a claim. Generally, newly acquired vehicles are automatically covered under existing policies, but some policies require notification within a certain time frame for the new vehicle to be covered.

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