Can a Buffalo Car Wreck Lawyer Help with a Denied Insurance Claim?
Did you file the insurance claim for your car accident by yourself only to receive a letter of denial? Do not worry, as this does not mean that you should kiss your compensation goodbye! It only means that obtaining it will be a little more challenging than you anticipated. It also means that you should stop playing around and get in touch with an experienced Buffalo car wreck lawyer.
Claim denials are common in car accident cases. Insurers often resort to them in order to gain time, avoid paying, or at least diminish the amount. The fact that your claim was denied should not scare you. However, you should not take the denial letter lightly either. You should use it to figure out what is wrong with your claim, if anything, and make it right.
There are many reasons why insurers deny claims. Some are just pretexts, easy to tackle. Others are serious issues that should be addressed by experienced Buffalo car accident lawyers. The first step is to identify the reasons for the denial. This way, you will know what to do.
Common Reasons Why Buffalo Insurers Deny Car Accident Claims
1. Missing or Erroneous information
Compensation claims involve filing numerous forms and supporting them with various statements and documents. All documents should provide the same information and support the same conclusion: that the compensation claim is justified and should be accepted and paid.
Unfortunately, many claimants make mistakes. Some refer to basic information like contact details, insurance coverage, etc. Others involve inconsistencies in the presentation of facts. Once the denial letter is received, the priority is to identify any mistakes or inconsistencies and correct them.
2. Lack of Evidence
New York laws place the burden of proof on the claimant. The latter has to prove the liability of the insurer’s client, their status as a victim, and the value of the losses they incurred. Insurance companies will need more than just your presentation of the facts.
They will want to see the police accident report, evidence from the scene, medical reports and corresponding bills, etc. On top of these, experience Buffalo car accident attorneys often add expert testimonies, references to similar cases, and technical expertise.
3. Late Filing
Car accident claims, like most types of legal actions, are subject to specific deadlines. If a claim is filed after the statute of limitations expires, the insurer could be right to deny it. Sometimes, insurers can deny claims for failure to provide timely notice even before the statute of limitations expires.
They can claim that the delay caused them prejudices. It is important to note that a claim denial due to late filing is not the end of the world. NY Consolidated Laws Insurance Section 3420 clarifies that.
According to it, insurers may allege that they were prejudiced by late filing. However, if the notification of claim is filed within two years from the date agreed in the insurance policy, the insurer has to prove the prejudice. If the notice was given more than two years from the date agreed in the insurance policy, the claimant has to prove lack of prejudice to the insurer.
4. Wrong Defendant
It is not uncommon for accident victims to seek compensation from the wrong party. There are also cases when a driver’s insurance policy expired and they never renewed it. They may have defaulted and lost coverage. Working with a Buffalo car wreck lawyer is usually the best way to avoid seeking compensation from the wrong party. When the wrong has already been done, the car accident lawyer may help the claimant identify the right defendant and take action against them.
5. Contributory Negligence
NY laws allow compensation claims even from parties who were mostly at fault for their accidents. However, this does not mean that those parties can actually recover anything. Upon reviewing your car accident claim, the insurer may have determined that your liability cancels your right to compensation.
Perhaps their client incurred higher losses than you did, and you are liable for damages higher than you are eligible to receive. Perhaps they are overestimating your contributory negligence to convince you to drop your claim or accept a lower settlement.
Find Out Why Your Claim Was Denied and Learn To Appeal It From a Buffalo Car Wreck Lawyer
Do not let a claim denial stop you from obtaining compensation for your losses. Buffalo Car Accident Lawyers can help you find out why your claim was denied and fight the denial. They will not rest until they get you the compensation you deserve. To find out more about what we can do for you, schedule a free consultation as soon as possible!