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Having an auto insurance claim denied can be frustrating. Here's what to do if you find yourself in this situation.
Although everyone hopes they never have to file an auto insurance claim, that’s what the insurance policy is there for. Ideally, you’d file a claim, have the insurance company approve it in a timely manner, and receive the payout so you can move forward with the necessary repairs to your vehicle.
However, it’s possible for an insurance company to deny your claim, which can be frustrating when you’re already dealing with damages. It can also leave you unsure of how to proceed. Here’s an overview of why your claim might be denied and what to do if it happens to you.
If your claim is denied, you’ll receive a letter informing you of the decision and why it was made.
There are several reasons an insurance company may deny your claim. In some cases, you may be able to appeal the decision, but depending on the reason for denial, you may not have much leeway. Here are some common reasons for denial:
If you live in an at-fault insurance state, the party responsible for an accident pays for damages. That means that if someone else causes an accident, you’ll need to file a third-party claim with their insurance company to have your bodily injury and property damage expenses covered. You also may choose to file a claim with your own insurance company — for example, if you have collision insurance and the other insurer’s limits aren’t enough to cover your losses. Your insurance company may then try to recover losses from the other insurer through subrogation.
Third-party claim denials work the same way as denials for first-party claims (those made with your own company). For example, if the other driver has let their policy lapse or doesn’t have enough coverage, your claim through their insurer will be denied. Additionally, if the insurer disputes who is at fault, it could reject the claim. In such cases, you can present evidence — such as photos, a police report, or witness statements — to support your claim.
You can appeal third-party claim denials the same way you can appeal first-party denials. If you have uninsured/underinsured motorist coverage on your policy, that can also help cover expenses when the other driver lacks sufficient insurance. If all else fails, you may need to consider legal action to recover your losses.
Before you decide to appeal a denied claim, make sure you understand the reason for the denial and determine whether you feel it’s reasonable. If you were denied due to a lapse in coverage and your policy had indeed been canceled a month prior, the denial is most likely valid and appealing it won’t get you very far.
However, if your claim was denied for a reason you don’t agree with, such as a lack of coverage that you believe you have or a dispute over who was at fault, you may decide to appeal the decision. Most insurers have a process to facilitate this, and you may also contact your state’s department of insurance for assistance. For example, California’s Automobile Claims Mediation Program can help you reach a fair agreement with your insurance company.1 You should plan to provide more evidence and documentation to support your argument.
Although hiring an attorney is not required to appeal a denial, you may choose to consult one before proceeding to get a better idea of your chances of success and to give more weight to your appeal. However, an attorney can quickly become expensive, so move forward only if it makes financial sense to fight the denial.
In extreme cases, you also may decide to pursue a lawsuit against the insurance company if you feel they are acting in bad faith. There is no guarantee that you will win, but if the damages are substantial, it may be a route worth considering.
Having a claim denied is not the outcome anyone hopes for when dealing with insurance. However, it’s a real possibility, and it’s best to be prepared. Before you file a claim, make sure you understand the nuances of your policy, including your coverage limits and the types of damages that are covered. If you feel that your insurance company has wrongly denied your claim, you can take steps to appeal the decision and attempt to get the payout you think you’re owed.
How you should respond to a denied insurance claim depends on the circumstances. If you review the claim denial letter and find the decision reasonable, you should find other means to pay for your damages and repairs. If you don’t find the decision reasonable, you can consider filing an appeal with the company, which may involve hiring an attorney.
Car insurance companies make money by collecting more money in insurance premiums than they pay out for claims. As a result, it’s always in an auto insurance company’s best interest to avoid paying a claim. Insurers are obligated to honor valid claims, but they often implement rigorous review processes to ensure that each claim meets the terms of the policy.
A bad faith denial of a claim occurs when a car insurance company refuses to pay for a claim for an illegitimate reason. For example, the insurer may willfully misinterpret or stretch policy language, refuse to investigate without giving a reason, harass or intimidate the claimant, or engage in other dishonest tactics.
There isn’t any reliable information about how often car insurance companies deny claims. Although there are no guarantees, you can increase the chances that your claim will be approved by thoroughly reading all of your policy guidelines and ensuring that you are following them.
Automobile Claims Mediation Program. (2018, Jun).
https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/AutoMediation.cfm