What to Do If Your Kansas City Car Accident Claim Is Denied
Facing a car accident is stressful enough without the added burden of having your insurance claim denied. Our car accident attorneys in Kansas City understand how frustrating and disheartening this situation can be. However, a denial doesn’t mean the end of the road. We’ve put together a guide on what to do if your car accident claim is denied, and how you can navigate this challenging process.
Understand the reason for the denial
The first step is to understand why your claim was denied after a Kansas City car accident. Insurance companies are required to provide a written explanation for the denial. Carefully review this document to identify the specific reasons cited. Common reasons include:
- Policy exclusions: Your policy may not cover certain types of accidents or damages.
- Lapsed coverage: Your policy might have expired or been inactive at the time of the accident.
- Insufficient documentation: Lack of necessary evidence such as medical records, police reports, or witness statements.
- Liability disputes: The insurer may believe you were at fault or share significant fault for the accident.
- Fraud or misrepresentation: Any discrepancies in your claim could lead to a denial.
Review your policy
Thoroughly review your insurance policy to understand what is covered and the conditions that apply. Pay special attention to the sections related to exclusions, coverage limits, and the claims process. This will help you determine if the denial is justified or if the insurance company made an error.
Gather additional evidence
If your claim was denied due to insufficient documentation or disputes over liability, gathering additional evidence can strengthen your case. Consider the following:
- Medical records: Obtain detailed medical records and bills documenting your injuries and treatment.
- Police reports: Ensure the police report accurately reflects the accident details. If there are errors, request corrections.
- Witness statements: Collect statements from witnesses who can corroborate your account of the accident.
- Photographs and videos: Provide photos or videos of the accident scene, vehicle damage, and your injuries.
Our Kansas City car accident lawyers can help with evidence collection.
Request a review or appeal
Insurance companies often have an internal review or appeal process for denied claims. Contact your insurer to find out how to initiate this process. When submitting your appeal, include all additional evidence and a detailed explanation of why you believe the denial was unjustified. Be concise and focused in your argument.
Seek legal assistance
If the appeal is unsuccessful or if you believe the denial was made in error, seeking legal assistance is a wise move. You don’t have to handle the process alone. Our experienced Kansas City car accident attorneys can:
- Evaluate your case: Assess the reasons for denial and determine the validity of your claim.
- Negotiate with the insurer: Attorneys have the expertise to negotiate effectively with insurance companies and can often secure a favorable settlement.
- File a lawsuit: If negotiations fail, your attorney can file a lawsuit against the insurance company to seek the compensation you deserve.
File a complaint with the state insurance department
If you believe your insurer is acting in bad faith or violating state regulations, you can file a complaint with the Missouri Department of Insurance. They can investigate your complaint and take appropriate action against the insurer if necessary. This step can sometimes pressure the insurance company to reconsider their decision.
Consider arbitration or mediation
Some insurance policies include arbitration or mediation clauses as an alternative to litigation. These processes involve a neutral third party who can help resolve the dispute without going to court. Arbitration is binding, meaning the decision is final, while mediation is non-binding and aims to facilitate a mutually agreeable settlement.
How to strengthen your Kansas City car accident claim
To bolster your chances of reversing a claim denial, consider these practical tips:
- Keep detailed records: Maintain thorough records of all communications with the insurance company, including emails, letters, and notes from phone calls.
- Be honest and consistent: Ensure all information provided to the insurer is accurate and consistent. Discrepancies can harm your credibility.
- Follow up promptly: Respond to requests for additional information or documentation promptly to avoid delays.
- Stay informed: Educate yourself about your rights and the claims process to better advocate for yourself.
Avoiding common pitfalls can also improve your chances of success:
- Delaying claims: Promptly file your claim after the accident. Delays can complicate the process and provide grounds for denial.
- Ignoring policy details: Understand the specifics of your policy to avoid misunderstandings and mistakes.
- Overlooking small print: Pay attention to the fine print in your policy and correspondence from the insurer.
- Failing to seek professional help: Don’t hesitate to consult an attorney if you’re unsure about your claim or the denial process.
If your car accident claim has been denied, you don’t have to go through this complex and frustrating process alone. Kansas City’s Favorite Law Firm wants to help. To schedule a free consultation with one of our experienced attorneys, just call our offices or submit our contact form. Kansas City Accident injury Attorneys is located in Kansas City, MO. You may also schedule an appointment at one of our other convenient office locations in Lee’s Summit, Parkville and St. Joseph (MO); Olathe, Kansas City, and Overland Park (KS).
Kansas City personal injury attorney James Roswold of Kansas City Accident Injury Attorneys handles cases dealing with victims of personal injury, medical negligence, wrongful death, workers compensation, nursing home negligence, premises liability, product liability, car accident, truck accident and motorcycle accident cases.