What to Do If the Insurance Company Denies Your Ohio Car Accident Claim
When you get hurt or sustain property damage in a car accident in Ohio, you may want to seek compensation for your expenses or losses from the at-fault driver. However, insurance companies may deny your accident claim for various reasons. Some denials result from errors, oversights, or misunderstandings, while others reflect an insurer’s efforts to avoid financial liability for a crash. Knowing what to do after an insurance company denies your car accident claim in Ohio can help you pursue the financial recovery you deserve for your injuries and losses.
Common Reasons for Car Accident Claim Denials
Some of the most common reasons why insurance companies deny car accident claims include:
- The insurance company’s insured did not cause the accident
- The claimant caused the accident or bears the majority of the fault for the accident
- A policy exclusion bars coverage for the accident
- The policy lapsed due to non-payment or non-renewal
- The evidence does not support a finding of liability against the insured
- The claimant unnecessarily delayed reporting their claim
- The claimant failed to cooperate with the insurance company’s investigation
- The claimant’s alleged injuries resulted from pre-existing injuries or conditions, or resulted from another incident besides the accident
Carefully Review the Insurance Company’s Denial Letter
When an insurance company denies your car accident claim, you should first carefully review the insurer’s denial notice. The notice should provide the reason(s) for the insurance company’s decision, including citing specific policy provisions that purportedly justify denying coverage. The notice will also inform you of any deadlines for requesting reconsideration, submitting additional documentation, or filing an internal appeal.
Gather Supporting Evidence
After a denial of your claim, you should begin gathering additional supporting evidence, including evidence that specifically addresses the reason(s) for the insurance company’s decision. For example, evidence you might use to bolster your claim includes:
- Police accident reports
- Eyewitness statements
- Accident scene photos
- Dashcam or surveillance/traffic camera footage
- Medical records and doctors’ narrative letters
- Vehicle repair estimates
- Bills, invoices, and receipts of medical expenses
- Pay stubs or income statements to document wage losses
Understand Ohio’s Fault and Insurance Rules
An experienced car accident attorney can help you understand Ohio’s fault and insurance laws and how they may affect your car accident claim. Under Ohio’s at-fault system, a car accident victim may first turn to the at-fault driver for compensation for losses resulting from the accident, unlike in no-fault states, where a crash victim must first seek compensation from their insurance company. Furthermore, Ohio uses a modified comparative negligence system in car accident cases involving shared fault. With modified comparative negligence, an injured driver may still have the right to seek compensation for their losses if their share of fault for the car accident does not exceed 50 percent. However, any fault they do bear may proportionally reduce their financial recovery.
File an Appeal or Request for Reconsideration
Many insurance companies allow claimants to request reconsideration of a claim denial or pursue the insurer’s internal appeals process. Most insurers require claimants to request reconsideration or appeal within a specific deadline after the denial. Working with experienced legal counsel can help claimants draft a compelling reconsideration or appeal letter that avoids making statements that may ultimately jeopardize their claim.
Evaluate Your Legal Options
After exhausting the internal appeals process, a claimant may consider pursuing legal action against an at-fault driver to seek compensation after the denial of an insurance claim. An attorney can help you evaluate your legal options and decide whether pursuing compensation can help you secure the financial resources you need.
Contact an Ohio Car Accident Attorney Today
Unfortunately, insurance companies can make it challenging to recover the compensation you deserve for losses you sustained due to an Ohio car crash. Contact Kitrick, Lewis & Staley-Sladek today for a free, no-obligation consultation with a car accident lawyer to discuss your legal options if an insurance company denies your injury or property damage claim after a car crash in Ohio.
