10 - 2024 | Jackson & Foster

When you file an insurance claim after a personal injury accident, you expect to receive your compensation and move on. But the process isn’t always this simple.

Insurance companies reject personal injury claims for numerous reasons. They may request more information about your claim before they can make a decision, or they may deny it altogether, barring you from gaining compensation through this process.

Understanding why personal injury claims are rejected — and how to avoid it — can streamline and simplify your insurance process. Learn more from an experienced personal injury lawyer in Mobile, AL.

When Are Insurance Companies Allowed To Reject Claims?

Is it lawful for insurance companies to reject claims? Yes — as long as they have a valid reason for doing so.

Insurance companies must investigate all claims to ensure that they meet the terms of the policy. They have the right to deny a claim that does not fall under the policy’s covered items. Sometimes, an insurer may reject a claim, then eventually accept it once you provide further information.

But insurers occasionally reject claims under “bad faith” practices. This occurs when an insurance company intentionally violates its contractual obligations to a policyholder, such as by:

Rejecting a valid claim
Delaying a claim beyond a reasonable timeline
Offering less money than a claim is worth
Falsifying information to justify the claim denial

Common Reasons for Personal Injury Claim Rejections

Outside of bad faith insurance practices, an insurance company may reject a claim for several valid reasons. When an insurer rejects your claim, it will typically send you a written notice of the rejection along with the reason behind it. These are a few common reasons insurers reject personal injury claims:

Insufficient evidence: An insurance company may need more evidence before it can agree that its policyholder was responsible for your accident or that the accident falls under the policy terms. Providing further evidence may increase your chances of approval.
Disputed liability: An insurance adjuster may deny your claim if they believe their policyholder was not responsible for the accident or that you were even 1% responsible (under Alabama’s contributory negligence doctrine).
Policy exclusions: An insurance policy may exclude certain types of personal injury accidents. For example, some policies exclude intentional acts. They may also exclude accidents that happened on watercraft or aircraft.

Your personal injury attorney can review your claim denial notice and determine what information the insurer needs to approve your claim.

How To Avoid an Insurance Claim Rejection and Increase Your Chances of Securing Compensation

Insurance claim rejections can be a huge headache as you attempt to seek compensation for your accident injuries.

Knowing how to avoid denials of personal injury claims can help you streamline your compensation and increase your chances of securing adequate compensation to cover all your economic and non-economic damages. These are a few tips you can follow to avoid claim rejections.

File Your Claim As Soon As Possible

Plan to file your insurance claim as soon as you can. Doing so can help you avoid missing any deadlines the policy has set. You’ll also have access to fresh evidence that you can use to support your claim.

You may have a more challenging time proving the policyholder’s negligence weeks or months after the accident, when your injuries have begun to heal and the wreckage from the accident has been cleared away.

Provide Substantial Evidence To Support Your Claim

The strongest personal injury claims have extensive evidence to back them up. You may want to provide all of the following evidence with your claim, if you can:

Copies of all medical records relating to your injuries from the accident
Photos and videos of the accident scene
Repair estimates for any physical damage
Testimonies from witnesses to the accident

Follow Up With the Insurer About If They Need More Information

If you haven’t heard back from the insurance adjuster, you may want to reach out and request an update about your claim. Ask if the insurer needs any additional information to approve the claim. This may prompt them to investigate the claim further rather than simply rejecting it.

All of the information in these sections may depend on whether you’re dealing with your insurance company, another party’s insurance company, and what the language in the policy actually says.

Bolster Your Personal Injury Claim With Jackson & Foster Law

One of the strongest ways to avoid personal injury claim denials is to hire skilled legal representation to support your claim. An experienced personal injury attorney can take care of the claims process for you while you focus on your physical recovery. They can help you seek special or general damages and maximize your payout while handling all communications with the insurer and the at-fault party.

Do you need assistance navigating personal injury claims? Contact Jackson & Foster Law today at 251-433-6699 for a consultation in Mobile, AL.

In the days, weeks, and months after a car accident, you may feel like you’re in over your head. Serious injuries demand your attention day and night, but you’re also trying to navigate a complicated insurance claim or legal process.

Making mistakes in the aftermath of a car accident is understandable, but unfortunately, doing so can impact your ability to secure adequate compensation. Learn a few common mistakes after a car accident to avoid from experienced accident lawyers in Mobile, AL.

Mistake #1: Admitting Fault, Even Inadvertently

Initially, you may not be sure who was at fault for your car accident. The details may feel blurry, and the adrenaline you experience from the crash can cause you to misremember what happened. But no matter what you remember from the crash, avoid admitting fault in any way.

This includes saying statements like “I’m sorry” or “I should have been paying closer attention.” These statements may sound kind in theory, but they will show up in the police report, and the insurance company or other party can use them against you as an admission of fault.

Mistake #2: Not Seeking Medical Attention Soon After the Accident

The adrenaline you feel from the car accident can mask injuries that require your immediate attention. Don’t assume any pain you notice is simply bruises and sore muscles from the jolt of the accident. Instead, seek medical treatment as soon as possible to rule out potentially serious injuries.

If needed, a medical professional can complete a full-body examination to look for any underlying injuries you may not have initially noticed. This way, you can begin undergoing treatment immediately and improve your chances of recovery.

Seeking immediate medical attention also serves as valuable evidence in your car accident case. You can clearly pinpoint the exact injuries you experienced from the crash and tie just compensation to them.

Mistake #3: Posting on Social Media About the Accident (or Anything Else)

You may feel tempted to post about your car accident on Facebook or other social media platforms. This could be an efficient way of updating your family and friends about your condition and seeking well-wishes from others, but it isn’t a good idea for your car accident case.

The defense can take anything you post on social media and use it against you. If the details you provide on Facebook even slightly differ from the details you give the insurance company, the defense could argue that you misremembered the accident and your testimony is unreliable.

Further, you should avoid making any social media posts during your case. This is one of the often-overlooked common mistakes after a car accident. Even a seemingly innocent photo of you spending time with family could indicate that your injuries are not as bad as you made them seem, hurting your case.

Mistake #4: Making Recorded Statements Without an Attorney Present

Anything you say about your car accident can be used against you in your insurance claim or lawsuit. This is especially true for recorded statements.

Insurance companies often ask for recorded statements to make their investigation process a bit easier. They can refer back to your exact words about the accident and use this evidence to support their claims process. Recorded statements can also serve as evidence against you in your lawsuit.

Avoid making any recorded statements without an attorney present to help you avoid saying the wrong thing. Always ask insurance adjusters and the defendant’s legal counsel whether they are recording your conversation, and assume that they are.

Mistake #5: Accepting a Quick Settlement That Doesn’t Cover All Your Damages

Car accident lawsuits often settle out of court, which means the defendant offers the plaintiff a sum of money without a judge’s intervention. Expect a settlement offer to come your way before your court date — but avoid accepting an offer that doesn’t adequately cover your damages.

You may feel tempted to take the first offer you receive just so you can avoid the headache of future settlement negotiations or court dates. But this is one of the more common mistakes after a car accident. Typically, the first settlement offer for motor vehicle collisions is a lowball one. You may stand to gain a higher settlement by being patient and giving your attorney time to negotiate on your behalf.

Mistake #6: Skipping Medical Appointments — Or Seeking Unnecessary Treatment

The judge in your car accident case wants to see that you are taking measures to support your physical recovery. You should attend all medical appointments, follow your doctor’s orders, take medications as instructed, undergo physical therapy, and follow any other recommended actions to help your body heal.

If you don’t follow your doctor’s instructions, the judge may assume your case is not worth as much as you say it is because the severity of your injuries is partially due to your own neglect. On the flip side, you shouldn’t seek unnecessary medical treatment just to inflate your medical expenses. Assume the defense will find out about this behavior and use it against you during your case.

Mistake #7: Failing To Hire Experienced Legal Representation

The skill and experience of your attorney make all the difference in your car accident case. Not hiring the right attorney is one of the common mistakes after a car accident that can seriously hurt your compensation.

You may want to look for a car accident attorney who practices in Mobile, AL, and has experience with your type of accident. Your attorney should be an excellent communicator and have case studies to back up their success rates. It’s a good idea to schedule a consultation with an attorney to learn more about their skillset before hiring them.

Jackson & Foster Law: Your Mobile Car Accident Attorneys

Avoid common mistakes after a car accident, like accepting a low settlement offer, by hiring our knowledgeable and passionate legal team. Contact Jackson & Foster Law today at 251-433-6699 to schedule your case evaluation.

Why Do Personal Injury Claims Get Rejected? Learn How To Avoid Claim Denials