When you have been injured in an accident with serious injuries, be it an automobile accident, truck accident, or slip and fall, you are often left with thousands of dollars in medical bills, not to mention pain and suffering and time missed from work. The worst feeling is when the insurance company denies your claim, leaving you feeling the financial burden yourself. When looking for an insurance dispute attorney, Virginia residents should find a lawyer specializing in these complex cases.

Understanding how and why insurance companies will deny your insurance claim

Remember, insurance companies make money by not paying victims. They want to pay as little as possible — if not get away with paying nothing at all — and will resort to several tactics to pull this off, one of which is denying your claim. The insurance companies (rightly) assume that many people will see a denial and think that it is final, not realizing that they can appeal. When you accept a denial and don’t appeal, you are letting the insurance company win.  

There are a few reasons your insurance claim may be denied, some of which can be worked around, while others cannot. Some of the common reasons for claim denial include:

• Exceeding coverage limits: Insurance companies will only pay out up to the coverage limit of the at-fault party’s insurance policies. If your medical bills and other expenses amount to more than the maximum amount of your insurance coverage, your claim may be reduced or denied. To recover your actual costs, your attorney may need to pursue claims against additional parties.

• Lack of evidence: Some insurance claims may be denied for insufficient evidence. If your claim does not prove that the at-fault party’s negligence was the cause of your injury, the insurance company may refuse to settle. It is crucial to gather extensive documentation, including photos, medical records, accident reports, and witness statements.

• Contributory negligence: Many states, including Virginia, have contributory negligence laws, meaning that if a victim is found to be even 1% at fault for the accident, they may be barred from receiving damages. Something as simple as failing to look both ways properly before crossing the street could cause your claim to be denied.

• Statute of limitations: One of the common reasons that an insurance claim is denied is that the victim has missed the statute of limitations. Once the statute of limitations has expired (in Virginia, two years from the date of the accident), the victim can no longer file a lawsuit to recover damages. This statute is why it is essential to get legal help right away, as your personal injury attorney will make sure you file on time.

Why hiring a Virginia personal injury attorney will help you with your insurance coverage dispute 

When it comes to issues such as lack of evidence, proving fault, or pursuing damages beyond an insured’s coverage limits, hiring an insurance dispute attorney like Richmond, VA law firm Burnett & Williams will help you get the compensation you deserve. Insurance dispute cases can be incredibly complex because the initial denial means that your attorney must work even harder to prove the other party’s liability for your injury beyond a reasonable doubt.

A reasonable insurance dispute attorney will thoroughly investigate the accident to collect irrefutable evidence to support your case. They will ensure that all documentation, including police reports, medical records, and witness statements, is included, and will likely revisit the scene to take additional photographs. They may even consult expert witnesses, such as medical experts or accident reconstruction specialists, whose testimony can add weight and credibility to your case.

Of course, the insurance company may continue to deny your claim and refuse to settle. If this happens, your insurance dispute lawyer will pursue litigation, and your case will go to trial to be heard by a judge and/or jury. 

However, it’s important to note that many insurance companies won’t go to court if they don’t think there’s a chance they can win, which is why it is essential to have counsel from a skilled and experienced attorney on your side. If you try to represent yourself in court against the virtually limitless resources of an insurance company, you will likely be unprepared and could lose your case.

If you’ve experienced an accident and your claim has been denied by the insurance company, seeking assistance from a Virginia insurance dispute attorney, such as Burnett & Williams, can provide valuable guidance. A consultation can help review your case and explore potential steps to address the denial.

Disclaimer: The information provided in this article is for general informational purposes only and is not intended as legal advice. Each case is unique, and the outcome of legal matters depends on specific facts and circumstances. Readers should seek advice from qualified legal professionals regarding particular cases or situations.