Grasping the fundamentals of personal injury law is a powerful tool for victims of accidents that are not their fault. It enables them to assert their rights and seek compensation for their injuries from the at-fault party. This knowledge is particularly valuable in cases of motor vehicle accidents, including motorcycles, trucks, and cars, bicycle accidents, pedestrian accidents, workplace accidents, defective products, and medical malpractice.
In most cases, recovering compensation requires filing a claim with the at-fault party’s auto insurance company. At that point, an assigned claims adjuster will review the case and decide whether they will deny the claim, pay out the claim, or offer a lower settlement amount. Being aware of the common pitfalls that result in personal injury claims being rejected can help you protect your claim and feel more prepared in this process.
Common Reasons Personal Injury Claims Are RejectedInsurance agents evaluate each injury claim to identify whether they can legitimately reject it. Insurers are more interested in profitability because paying out claims goes against the company’s financial interests. A claims adjuster can refuse personal injury accident claims for several different reasons:
If an insurance company has denied your insurance claim, you should not give up pursuing compensation and justice. You have the right to pursue further legal action against the at-fault party for causing harm.
How to Avoid Your Claim Being Rejected in North CarolinaGiving your legal claim its best shot at success involves knowing what documents you will need and avoiding typical roadblocks. Taking the following strategic steps can help you avoid having your claim rejected.
Report the Incident to the AuthoritiesPersonal injury victims should take immediate action and report the incident to the authorities as soon as possible after the injury or accident. In North Carolina, statutes of limitations restrict the amount of time you have to pursue a personal injury lawsuit. By acting promptly, you show your commitment to seeking justice and compensation, and you prevent doubts about the occurrence of the accident and the severity of your injuries.
Pursue Medical Attention ImmediatelyPursuing medical attention as quickly as possible will help prevent your claim's rejection. If you delay medical treatment, the insurance company and at-fault party may use your delay to claim you were not injured in the accident. Ensure you keep all your medical documentation and follow your doctor's orders.
Preserve EvidencePreserving evidence is a critical step in the process. If you can safely do so, try taking pictures of the accident scene with your phone. You should also write down the contact information of any witnesses to the accident. Keep medical records, police reports, and any relevant correspondence with the insurance company. The failure to preserve evidence can undermine the credibility of your claim, potentially leading to its rejection.
Document All of Your DamagesIn order to obtain the full amount of compensation you need and deserve, it is essential to document all of your economic damages. Personal injury claims can include compensation for property damage, lost wages, and other monetary damages. For many victims, the majority of their damage claims include current and future medical expenses.
Try to keep detailed records of all your financial damages from the accident, including pay stubs, invoices, and receipts. You may think you can remember all of the expenses related to your accident, but it can be challenging to remember them after time passes. Staying organized and writing down all of the days you have missed from work and other expenses can help you justify the amount of compensation you are pursuing.
What to Do if Your Claim is RejectedInsurance claims sometimes wrongly deny claims. Experiencing a rejection of your claim can be overwhelming. However, there are steps you can take to challenge the claim denial. You can request a detailed written denial from the claims adjuster, including experts saying why the denial was justified. If the claims adjuster refuses to provide the documentation, seek out an attorney. If you have received a denial based on your attorney’s advice or directly from the insurer’s attorney, keep in mind it is just one perspective.
Contact a Personal Injury Attorney in North CarolinaHiring a personal injury attorney is not just a legal step, it is a decision that can significantly impact your pursuit of compensation for your injuries. If you have been injured in an accident that was not your fault in North Carolina, remember that you do not have to face this alone. Contact Arnold & Smith, PLLC, to schedule a complimentary case evaluation and learn how we can provide the support and guidance you need to fight for your right to compensation.