If the insurance company denies your car accident claim, you do not have to accept this denial as a final decision. According to the California Department of Insurance (CDI), you might have options to appeal your denial. You can consult a personal injury team if you are not already being represented by one. Your legal team can help you submit your appeal in writing, which should include the following:
- Your personal contact information
- Your lawyer’s contact information
- Copies of all insurance correspondence
- Your version of the cause of the accident
- An explanation of your claim’s validity
- Documents that support your claim
The lawyer who represents you may help you understand what to do if the insurance company denies your car accident claim. Your lawyer may also help you effectively navigate the appeals process and help you pursue financial compensation from the negligent driver who hurt you.
A Personal Injury Law Firm May Help You File an Appeal
Fighting an initial denial of your insurance claim on your own can be difficult and challenging. When you hire a personal injury lawyer to assist you with your appeal, they may take the following actions on your behalf:
- Scrutinize your car accident report to prove the cause of the accident
- Re-interview accident witnesses to prove the at-fault driver’s actions
- Ensure your initial claim and your appeal adhere to mandated filing times
- Evaluate and begin the process of filing an appeal with the insurer
- Explore other options for pursuing compensation, such as filing a lawsuit
Your lawyer may review your policy and the at-fault driver’s insurance policy for any possible options for financial compensation. Your lawyer might also reexamine your compensation claim to ensure its value was accurately calculated and valued.
You Might Receive These Financial Damages by Filing an Appeal
Getting denied on your initial claim with the at-fault driver’s insurance provider does not necessarily mean you have no other options for financial recovery. If your appeal is successful, you might still be able to collect the following recoverable damages:
- Accident-related medical expenses
- Injury-related loss of wages or income
- Applicable funeral and burial expenses
- Costs of repairing or replacing your car
- In-home medical or domestic services
- Physical and emotional pain and suffering
- Loss of society and companionship
The California Civil Code (CIV) §1431.2 describes the types of non-economic damages you might be entitled to collect after being injured in an accident. Your lawyer may help you navigate the appeals process or file a lawsuit that might help you recover from the financial aftermath of the collision.
Obtain a Copy of Your Car Accident Report
Your car accident is one of many among the plethora of documents your legal team might ask for. In addition to reexamining and resubmitting pictures of your and the at-fault driver’s cars from a variety of angles, your lawyer might also reinterview accident witnesses listed in the car accident report.
Proving the at-fault driver is financially liable for the costs of your accident might depend in large part on the paper trail the accident creates. Your car accident report might also reiterate whether:
- Drugs or alcohol played a role in the accident
- The at-fault driver was distracted when the crash occurred
- The at-fault driver was inattentive or disregarded traffic signs
When building your case, give your lawyer a copy of the official report and any correspondence or communication to or from the at-fault driver’s insurance company. Your lawyer might also initiate settlement negotiations to resolve your case.
Your lawyer might be able to reach a settlement agreement with the at-fault driver’s insurance company that is mutually beneficial for all involved parties. In the event you and the at-fault driver cannot come to terms on a settlement, your lawyer may help you navigate the process of filing a personal injury lawsuit. Your lawyer may represent you in court while you continue the fight for the financial compensation you need from a negligent driver.
Do Not Give Up on a Denied Insurance Claim
You do not have to give up on pursuing financial compensation if your initial claim for compensation was denied by the at-fault driver’s insurance provider. If you decide to let our personal injury law firm handle your car accident claim, we may be able to help you define a plan of action and determine what to do if the insurance company denies your car accident claim.
Contact the personal injury team at the Jacoby & Meyers Law Offices by calling (888) 522-6291 today to find out how we might be able to help you file an appeal and keep fighting for the financial compensation you are entitled to receive due to negligence.