Despite spending years faithfully paying your car insurance premiums every month, when you filed a claim as a result of your Mobile, AL car accident, the insurance company denied it. Unfortunately, sometimes the car insurance companies are much better at collecting premiums than they are at paying out legitimate claims. Each year, more than 100,000 car accidents happen in the state of Alabama. Paying out every single one of those claims would likely result in financial disaster for the insurance companies.
Why Car Accident Claims Get Denied
Car accident claims are denied in Alabama for a number of reasons – some of which are valid while others are not. Often times, the insurance company is hoping the individual claimant will not fight a denial. Alabama is referred to as an “at fault” state. Simply put, the car insurance company of the driver who was at fault for the car accident is financially responsible for compensating injured accident victims. Moreover, Alabama follows the contributory negligence rule. This means that if the person seeking monetary compensation for injuries suffered in a car accident was at fault – no matter how little – for causing the collision, he or she is barred from receiving any money. One of the most common reasons an Alabama car insurance company denies an accident claim is by alleging the victim was a cause of the crash.
Other reasons a car insurance company may deny a claim include:
- Missing paperwork that has yet to be received;
- Incorrect information submitted with the claim;
- A lapse in the driver’s policy coverage;
- Injuries were not reported at the time of the crash;
- The claimant had a pre-existing medical condition; or
- The medical records are incomplete.
Reasoning Behind Denied Claims in Alabama
If the driver fell behind on car insurance payments the policy will not pay out. In such a scenario having uninsured motorist (UM) or underinsured motorist (UIM) coverage on your car insurance policy is helpful. This is because UM/UIM steps in to pay for damages suffered in such a scenario.
Moreover, even if you feel fine after a Mobile car accident, it is critical to seek medical attention. This is because, sometimes, symptoms do not show up until later and the records can relate your injuries back to the crash – a critical issue for your personal injury lawsuit.
If you previously had an old illness or injury, the car insurance company will want to suggest that those pre-existing conditions – and not the car accident – are the underlying reasons for your injuries. Even if the car accident aggravated an already existing medical condition, you may still be entitled to monetary compensation.
Finally, doctors do not always write the complete details of a patient’s injuries. If the records provided to an insurance company are inaccurate or vague, it will be used against you.
Legal Help in Mobile, Alabama
There are several legal options available to someone who has had their car accident claim denied in Alabama by an insurance company. The skilled car accident attorneys at Stevenson Klotz can help revise an incorrect or incomplete claim, pursue a bad faith claim, or negotiate a settlement on your behalf. Contact us today to schedule your initial case evaluation.
Following graduation from Cumberland School of Law at Samford University, Eric Stevenson held a number of positions including Assistant State Attorney in the First Judicial Circuit of Florida. Eric has been practicing with partner Christopher Klotz since 2015 litigating personal injury and car accidents in Alabama and Florida.