So, you’ve been in a truck accident and suffered a severe injury. You’re 100% certain you weren’t to blame, but the insurance company denied your claim. Why did this happen, and what can you do about it? Unfortunately, truck accident claims are denied by insurance companies all of the time—but don’t worry, we’re here to help.
The following are the five most common reasons insurance companies deny truck accident claims. If you’re in this frustrating situation, get in touch with a Penn Kestner & McEwen attorney as soon as possible. We’ll investigate the accident to determine fault, deal with the insurer on your behalf, and work to get you the maximum compensation you deserve.
Schedule a free evaluation of your case by contacting us online or calling (800) 732-3070.
1. You Waited too Long to File
If you waited too long to file a truck accident claim and the insurance company denied your claim, it may still be possible to take legal action against the responsible party. However, it’s essential to keep in mind that there are strict time limits, or statutes of limitations, for filing a product liability claim. These time limits vary by state, and it’s important to consult with an attorney familiar with your state’s laws.
Here are a few things you can do if your claim is denied:
- Review the denial – Carefully review the denial letter from your insurance company to understand the reason for the denial. It’s possible that there were errors in the initial claim or that some documentation was missing.
- File an appeal – If you believe the denial was incorrect, you can file an appeal with your insurance company. Doing so will allow you to present additional information and evidence to support your claim.
- Consult with an attorney – If the insurer denied your claim and you can’t resolve the issue through the appeals process, you may want to consult an attorney. An attorney can help you understand your rights and options and assist you in taking legal action against the responsible party.
2. They Claim Your Injuries Were Pre-Existing
If your insurance company claims that your injuries were pre-existing, it may be more difficult to receive compensation for those injuries through a truck accident lawsuit. The insurance company may argue that the accident did not cause the injury – you were already hurt, and therefore, you’re just trying to get the insurer to pay for it.
If this happens, you should consider taking the following action:
- Gather medical records – Gather all of your medical records, including any records that predate the incident, to demonstrate that your injuries were not pre-existing.
- Obtain a medical opinion – Get a medical opinion from a doctor that confirms that the accident caused your injuries.
- Hire an attorney – Consult with an attorney experienced in truck accident cases as soon as possible.
3. You Didn’t Seek Legal Advice First
Suppose an insurance company denies your product liability claim because you didn’t hire an attorney first. In that case, it may be difficult to appeal the decision or to seek compensation for your injuries. Insurance companies may argue that you didn’t follow the proper procedures for filing a claim or didn’t provide enough evidence to support your claim.
If your insurance company denied your claim, you could file an appeal. An attorney can help you understand the appeals process and can assist you in presenting your case to the insurance company.
Should the company refuse your appeal, consider filing a lawsuit against the manufacturer or other responsible parties. An attorney can help you determine if a lawsuit is the best course of action and assist you in filing that suit.
4. You Didn’t Receive Medical Treatment
It might be challenging to prove that your injuries were caused by the truck accident if you haven’t seen a doctor. Claims may be denied by insurance companies because it’s difficult to establish a causal link between the accident and your injuries without medical treatment. For example, maybe you outlined the details of your traumatic brain injury, but you don’t have the immediate medical treatment to back it up. They may claim that something else caused the injury because you didn’t seek treatment immediately.
If you haven’t received medical treatment, seek medical attention as soon as possible. Keep all medical records and bills, as they may be used as evidence. You might not have realized the extent of your injuries, or you didn’t have the financial means to pay for treatment. Communicate the delay to the insurance company.
In this situation, your attorney can call in a medical expert witness, who can be extremely helpful. They can provide testimony and evidence that can help to establish the cause of the accident and the extent of your injuries.
Here are a few ways a medical expert witness can help after a truck accident:
- Establishing the cause of the accident – A medical expert witness can provide insight into the type of medical treatment required and the extent of your injuries.
- Providing medical evidence – Medical experts can also provide medical evidence in the form of X-rays, CT scans, MRIs, and other medical documentation.
- Explaining complex medical issues – Medical experts can explain complex medical issues to the jury in a way that is easy to understand so that the jury can make an informed decision about the case should it go to trial.
5. There isn’t Enough Evidence
Claims are often denied by insurance companies because there’s not enough proof their client is to blame. Hiring an attorney as soon as possible could help you generate that proof.
Your lawyer will work to gather any evidence that supports your claim, including photographs of the accident scene and any relevant documentation that may help to prove that someone else’s negligence caused the accident.
They’ll also request a copy of the police report from the accident, as it may contain valuable information such as the truck driver’s statements, any citations issued, and the contact information of any witnesses.
Claims are Denied by Insurance Companies All the Time, but Penn Kestner & McEwen are Here to Help You
Talk to a Penn Kestner & McEwen truck accident lawyer for more information on how we can help. Call (800) 732-3070 or use our online contact form for a free consultation. One of our attorneys will explain how we can work to make sure the insurance company pays what you have coming.
