Car accidents are scary and your insurance is there to cover you. However, there are circumstances in which car insurance companies can deny your claim. Here are 4 frequent reasons your insurer may deny your claim and how to avoid being left responsible financially. 

First of all, it is important to know if you live and drive in an “at fault state” and what this means. Some states have laws and regulations that are called “no-fault states” where the insurance company compensates the policyholder for minor injuries no matter who is at fault. “At fault states’ ‘ do not have restrictions on lawsuits and the driver at fault is held responsible for the damages. Texas is “at fault state”. 

1. The incident was reported too late. 
2. The driver was intoxicated. 

3. The driver was partially or wholly at fault for the accident.

The terms of your policy contract with your insurance company will determine the conditions. If the driver’s behavior violates the conditions the coverage will be automatically denied. Three common examples are drunk driving and/or an unlicensed driver was using your car with the owner’s permission, as well as breaking the law at the time of the accident. In some states using your phone might be prohibited.

4. The driver didn’t receive a medical evaluation. It is important to get a medical evaluation immediately after an accident since it is hard to prove that your injuries were the result of the crash. In this case, it is important that the healthcare providers specify in your medical records that your injuries were caused by a motor vehicle accident. When victims wait too long to have an injury diagnosed and recorded the insurer could refuse to pay for the necessary care. 

Here is what to do if the claim is denied by the company:

1. Keep calm. First ask for a letter from the insurer explaining why it was denied. If the basis is unreasonable it could be considered to be acting in bad faith and you may have a “bad-faith lawsuit”. 
2. Know that you have the right to dispute the decision and receive legal representation. 

Alex Martinez Law Firm only gets paid if you do. If the case is lost you do not have to pay us. If the case is won the attorney’s fees will be paid from the results. 

The Law Office of Alex Martinez can help make your road to recovery easier by:

• helping you get the medical care you need
• cutting through the red tape and filing all available insurance claims
• pursuing compensation for all of your losses
• locating the responsible parties
• investigating the causes of the wreck
• proving liability
• drafting a demand letter
• negotiating a settlement
• negotiating liens
• litigating the case

Alex Martinez Law Firm takes pride in defending its client’s from abusive insurance tactics. We fight to make things right and to get maximum compensation for the damages you suffered. We specialize in fighting the hard cases that other attorneys are not ready to handle.  Call us now for your free consultation at 956-540-2255.

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