Geoff McDonald & Associates wins the biggest settlement for Virginia in 2020 for $38.2 Million. Click for details.

What Are Your Options After a Car Insurance Claim Denial?

Aug 7, 2020 | Auto Accident News

claim form for car crash

There is often a lot of uncertainty and confusion after a car crash. The uncertainty and confusion are only heightened when the insurance company denies the claim.

Victims often do not know what to do next. You may be unsure if you still have a chance to obtain compensation for medical expenses and other damages. You may not know if the insurance company had valid reasons for denying your claim.

Fortunately, you may have options for pursuing compensation. It is vital to speak with an experienced attorney about your claim, as he or she can help determine what to do next. At Geoff McDonald and Associates, the goal of our Richmond auto accident attorneys is to recover maximum compensation to help you move forward after an accident.

Reasons Why Car Insurance Claims Are Often Denied

One of the most common reasons car insurance claims are denied is because the victim did not establish that another party was at fault for the crash. They may even claim you are at fault for any number of reasons, even if they have little evidence. Insurance companies are looking for any reason to deny or devalue your claim, as their main goal is to protect their company’s bottom line.

Insurance companies may also claim your injuries are not that serious. They may say you did not seek medical treatment soon enough after the accident.

These are not necessarily invalid reasons for the denial of your claim. That means there may be room for you to challenge the insurance company.

However, if you missed the deadline for filing a claim or failed to provide information about your injuries, the insurance company may have been within their rights to deny your claim. If you provided a recorded statement the insurance company is using as the basis for denying your claim, it may be difficult to challenge what is in the recording. That is why you should avoid giving a recorded statement before you discuss it with your attorney.

Challenging an Insurance Claim Denial

Insurance companies in Virginia are bound by state contract law, which governs how contracts, like insurance policies, must be interpreted. For example, rules in contracts should be interpreted based on the plain meaning of the words used. Insurance companies must also act reasonably with their investigation and the decisions they make about claims.

If you think the insurance company is being unreasonable or misinterpreting or twisting the words in your policy, you should consider talking to a lawyer about challenging them.

However, sometimes the insurance company does not misinterpret your policy. Sometimes they claim you are at fault for the crash with little evidence. They may use your own words against you – if you said you were in a rush when the accident happened; they may claim that means you were speeding or distracted, and your claim is invalid.

No matter the reason given for the denial of your claim, there are some options for challenging the insurance company.

The one option most victims think of first is suing the insurance company. Sometimes filing a lawsuit is all it takes to get the insurance company to negotiate.

However, filing a lawsuit may not be the only way to pursue compensation for your damages. For example, mediation may allow you to resolve the situation. This refers to a meeting between both sides that includes a mediator, which is an unbiased third party that attempts to help both sides reach a middle ground.

Another option may be arbitration, which is like mediation. This refers to a meeting with an arbitrator who makes a binding or non-binding decision about your claim.

If you have questions about challenging the denial of your claim, our attorneys are ready to help you. There is limited time to file a lawsuit (generally two years from the date of the accident), so it is important to talk to a lawyer as soon as possible.

Call Today to Discuss Your Claim

There is no cost or obligation to meet with a licensed attorney from our firm to determine what to do after a car insurance claim denial. We are also not paid for representing you unless we obtain compensation on your behalf. This means there is no risk to you in meeting with us.

We have recovered hundreds of millions in compensation on behalf of personal injury victims throughout Virginia, including many car crash victims. This includes $1.75 million for the victim of a rear-end crash.

Our CEO and President Attorney Geoff McDonald is a member of The National Trial Lawyers Association – Top 100.

Geoff McDonald and Associates: 866-369-9051.

FREE CONSULTATION

No Fees Unless We Win





    New distracted driving laws

    On January 21, 2021, Virginia became one of the only states in the country with a comprehensive distracted driving law. It is now illegal for drivers to hold and use a cell phone in the Old Dominion. The previous law had very limited applicability.   Hand-held...

    How Long Can It Take to Resolve a Car Accident Claim in Virginia?

    You may have heard that every car accident claim is different. This sounds cliché, sort of like when a professional athlete tells a reporter he or she is trying to take it one game at a time. However, every claim is different. That means there is no...

    Why Are Left-Turn Crashes So Common and Who is Usually at Fault?

    Left turns are some of the most dangerous traffic maneuvers you can make. You are cutting across traffic heading in the opposite direction. When you are turning right you can speed up and potentially prevent being hit from behind. However, when you are turning left,...

    How Can an Attorney Prove an At-Fault Driver Was Distracted?

    Distracted driving is incredibly dangerous and is known to lead to significant injuries and fatal car crashes. If you were injured by a distracted driver in Virginia, you may be able to recover compensation for your damages. But how can you prove that the other driver...

    What Do I Do After a Hit-and-Run Accident in Virginia?

    Fleeing the scene of a car accident is illegal and victims can face stiff criminal penalties. However, the at-fault driver being fined or imprisoned does nothing to help you with medical bills and other damages. Fortunately, victims of hit-and-run accidents may be...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald