Dealing with insurance companies after a car accident can be a stressful process. In addition to attempting to heal from your injuries, seeking compensation from insurance companies can be burdensome. North Carolina car insurance companies fight to keep as much of their profit as possible. If their agents can find any reason to deny your claim, they will do so. It is essential that if you received an injury in a car accident, you contact an experienced Charlotte car accident attorney. At Arnold & Smith, PLLC our attorneys have plenty of experience negotiating with car insurance companies to secure the highest possible settlement.
Claim Denial Based on Contributory NegligenceNorth Carolina is one of only a few states that recognize the legal doctrine of contributory negligence. Under the legal doctrine of contributory negligence, if an injured party is even 1% at fault, the court will bar him or her from recovering any compensation from his or her injuries. If insurance adjusters find that you are at fault for the accident, even 1% at fault, they may deny your claim to a payout.
Insurance companies will dig into the facts surrounding your case to find any evidence of your negligence. Sometimes insurance adjusters are incorrect in determining that you were at fault for your injuries. Our attorneys have seen every tactic used by insurance companies to deny payouts based on contributory negligence. We fight hard for our clients to recover the compensation they deserve from their insurance companies.
Claim Denial Based on No InsuranceYour insurance claim could face denial if the at-fault driver's car insurance coverage lapsed. Whether the at-fault driver intended for his or her insurance to lapse or not is irrelevant. If the at-fault driver did not pay his premiums, his or her insurance might have expired. If you have a car insurance policy, it likely includes uninsured motorist insurance. North Carolina law requires that drivers carry at least $30,000 of uninsured vehicle coverage per person and $60,000 per accident.
Uninsured motorist insurance will compensate you for your lost wages, pain and suffering, and any medical expenses that result from an accident. To make an uninsured motorist claim, you must demonstrate that the at-fault driver does not have insurance.
Unfortunately, if you suffer moderate to severe injuries as a result of your car accident, the minimum uninsured driver amounts may not be enough to cover your expenses. You may be able to bring a civil personal injury lawsuit against the uninsured driver. To recover compensation, however, the uninsured driver must have money or assets, which is not always the case.
If the at-fault driver’s available insurance coverage is not enough to pay for your injuries, you make a claim through your own insurance company. It is not wise to sign a settlement and release with the insurance company of the at-fault driver if you intend to submit an uninsured motorist compensation claim with your own insurance company. Before doing so, contact one of our experienced Charlotte car accident attorneys.
Insurance Coverage Denial Due to a Low-Impact CollisionNorth Carolina insurance adjusters may deny your claim after categorizing it as a low-impact collision. An insurance adjuster may claim that your vehicle and the vehicle of the at-fault driver did not make contact. Sometimes, even when cars collide, no evidence of the collision exists on the cars after the crash. When no visible damage exists on one or both vehicles, insurance agents may infer that a collision did not occur and completely deny coverage.
Even if the insurance adjuster admits that a collision happened, he could determine that it was a low impact collision. If he or she determines that a low impact collision occurred, he or she may find that no damage took place and no party involved should receive compensation. If your insurance adjuster claimed that no impact or little impact occurred, a skilled attorney could fight back against that determination. We can question which experts they used to make that determination and determine whether their conclusions were false.
We can Advocate for Your Best Interests with Your Insurance CompanyNorth Carolina insurance companies will use any possible reason to deny your auto insurance claim. Insurance companies are businesses seeking to make the most amount of profit possible and deny claims as often as possible. At Arnold & Smith, PLLC our experienced car accident attorneys know how to negotiate effectively with car insurance companies. Contact our Charlotte law firm today to schedule your free initial consultation.