What to do When Your Accident Claim is Denied

What To Do When Your Accident Claim Is Denied

A Denial isn’t Always Final

There are two types of car wrecks: those where you are at fault and those where another driver is at fault.  Both of them are a hassle to deal with, and regardless of which situation you find yourself in, there’s the possibility that you can end up at the whims of an insurance company that is trying to give you the short end of the stick.

When you find yourself in this situation, it’s not too late to hire an auto accident lawyer.  Your lawyer can help you navigate this difficult time, and ultimately come out with a settlement that actually takes care of your needs, instead of just glossing over them.

If you’re ready to get started, Zach Herbert offers a free, no obligation consult to determine your case.  Give us a call at 214-414-3808 and let’s have a conversation.

Why is the Claim Denied?

When you file a claim, the insurance company cannot simply tell you that your claim is denied.  They have to give a reason.  Usually these denials will be sent via mail and in a phone call to you stating the reason for denying your claim.  Claims denials can include:

  • Not at fault – If you claimed against another driver and they deny responsibility, the claim may be denied.
  • Partially at fault – Claims can be denied on the basis that both parties were to blame for the accident.
  • Policy lapse – A claim is denied if the insurance policy has lapsed and thus is not in force.
  • Too late – Waiting too long to file a claim based on injuries can result in denial.
  • Pre-existing condition – An insurance company may deny the claim stating your injury is the result of a pre-existing condition and not due to the accident.

There are more situations where you may receive a letter stating that your claim is being denied.  The bottom line is that you were in an accident, and you deserve to be compensated for your financial loss and the hardship you have gone through.

When your claim is denied, especially if it is denied for a reason that you don’t believe is valid, then it is time to hire an auto accident lawyer that will help you push back against these powerful companies.

Work with a Texas Auto Accident Lawyer

When you enlist the help of a lawyer, you eliminate the stress that you’re experiencing.  Knowing the law, auto accident lawyers like Zach Herbert can show the insurance company where they are wrong, and start the appeal process.

Your lawyer can take into consideration all of the fact of the case.  He may push back claiming negligence or bad faith.

Negligence and bad faith are similar but slightly different concepts.  Negligence is when the claim is improperly handled: losing documents, waiting too long to investigate, or otherwise poorly following up.  Bad faith is when the insurance company ignores your claim and simply does nothing.

Both of these are illegal, and can be a course of action that your lawyer may choose to pursue.

Zach Herbert Your Auto Accident Lawyer

If you are the at-fault driver and your insurance company is not handling your claim properly, or if you were the victim in the car accident and your claim isn’t going well, then it’s time to contact Zach Herbert.

Herbert & Eberstein is licensed as your auto accident lawyer in both Texas and Oklahoma.  No matter where in either of these two states the accident took place, we can handle your claim to help you get the compensation that you deserve.

Need to learn more to see if you have a case?  Fill out our contact form, or just give us a call at 214-414-3808.