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Car Accident Claims: Signs the Insurance Company Might Try to Underpay or Deny Payment

May 11, 2022 | Category: Automobile Accidents | Share

If you are dealing with your auto insurance company after a car accident, you know the process isn’t easy. Unfortunately, while auto insurance companies are supposed to handle policyholders’ claims in good faith, they often make the process much more difficult than it should be. As a result, underpayments and wrongful denials are common, and policyholders who don’t know how to fight for their legal rights routinely end up without the compensation they deserve.

When seeking insurance coverage for a car accident, it is best to hire a knowledgeable attorney right away. But, even if you tried to handle your claim on your own, it still might not be too late to hire an attorney to help you. In this article, Port Charlotte personal injury attorney Randall L. Spivey discusses 10 signs that you might need to have an experienced attorney on your side.

10 Signs of Trouble with Your Auto Insurance Claim

Here are 10 signs that your insurance company might be trying to underpay or deny payment for your car accident claim:

1. Your Insurance Company Hasn’t Investigated the Accident

One of the first signs that your insurance company might not be handling your claim appropriately is the company’s failure to conduct a timely investigation. Generally speaking, once you file a claim, your insurance company is supposed to investigate within a reasonable amount of time. The longer it takes your insurance company to investigate, the less evidence is likely to still be available. If your insurance company does not have clear evidence of liability, it is not going to pay.

2. You Can’t Get the Estimate for Your Vehicle Repairs Approved

Getting your vehicle repaired should generally be one of the more manageable parts of the process. If you took your vehicle to a repair shop and the shop is waiting for your insurance company to approve its estimate before it begins work, this could be a sign of more challenges to come.

3. You Can’t Get in Touch with Your Insurance Adjuster

If you can’t get in touch with your insurance adjuster, this may also be a bad sign. Typically, this means that either (i) your adjuster is waiting on information (although he or she should still respond to your inquiries), (ii) your adjuster isn’t handling your claim appropriately, or (iii) your adjuster has bad news he or she does not want to discuss with you. In any case, if you can’t get in touch with your adjuster, the possible outcomes aren’t likely to be in your favor, so you are encouraged to let our skilled Port Charlotte personal injury attorney help you deal with the insurer.  

4. Your Insurance Adjuster Isn’t Being Upfront About Your Policy Rights

If your adjuster isn’t being upfront about your policy rights, this should also serve as a red flag that the insurance company isn’t handling your claim with your best interests in mind. For example, if your adjuster is giving you half-truths about your personal injury protection (PIP) coverage or only quoting amounts for economy rental cars when you have a higher daily allowance, you should be wary of how the insurance company is handling other aspects of your claim as well.  

5. The Insurance Company Has Determined You Were at Fault

To secure coverage beyond your PIP limit, you need to be able to prove that the other driver (or someone else) was at fault in your car accident. If the insurance company has determined you were at fault, this means it is preparing to deny your claim. You should not accept the insurance company’s determination of liability but instead, hire a Port Charlotte personal injury attorney to assess liability based on a good-faith assessment of the available evidence.

6. The Insurance Company is Disputing the Cause of Your Injuries

In addition to disputing liability, insurance companies will also try to deny policyholders’ claims by disputing the cause of their injuries. If your insurance company is claiming that your injuries are not accident-related, this also means that you will need to fight to avoid a denial.

7. You Received a Lowball Settlement Offer

While it can feel like a relief to get a settlement offer, this relief can quickly turn to distress if the offer is too low. Unfortunately, making lowball settlement offers is a familiar tactic auto insurance companies use to underpay policyholders’ claims. If you receive an offer that you believe is too low, you should not accept it. If you do, you could waive your right to seek additional compensation.

8. You Received a Settlement Offer Before Submitting Evidence of Your Losses

Even if an offer doesn’t seem like a “lowball,” it is probably still far too low if you haven’t yet submitted evidence of your losses. If you haven’t proven your future medical needs, lost earnings, and pain and suffering, how can your insurance company know what constitutes a fair settlement? Put simply, it can’t. At this point, your insurance company’s offer is likely an attempt to get you to accept a fraction of what you’re owed and waive your rights.

9. The Insurance Company Wants You to Settle Before You Know Your Costs

The same is true if you don’t yet know the costs of the accident. If you don’t know how much the accident is going to cost you, your insurance company doesn’t know either. In this scenario, any settlement offer is almost certainly an attempt to get you to accept an underpayment.

10. The Process Keeps Dragging On

The longer your insurance claim drags on, the more likely it is that your claim will end in a denial. If you have an auto insurance claim after a car accident, it is up to you to be proactive about asserting your legal rights. If your insurance company has left you without a resolution for too long, it is time to speak with an attorney about taking more forceful action to collect the compensation you deserve.

Schedule an Appointment with a Port Charlotte Personal Injury Attorney Today

Are you concerned that your auto insurance company may be trying to underpay or deny your claim? If so, we encourage you to contact us for more information. To schedule a free consultation with Port Charlotte personal injury attorney Randall L. Spivey as soon as possible, please call our office at 941-764-7748 or toll-free at 888-477-4839 or contact Spivey Law Firm, Personal Injury Attorneys, P.A. online today.

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