When you file a car crash claim in Charlotte, North Carolina, you must have the evidence to support your claim. Such evidence includes police accident reports, medical records and bills for your crash-related injury’s treatment, witness statements and so on. Furnishing this evidence is the first step towards getting your claim accepted with help from a good Charlotte car accident lawyer.
However, there are situations where an insurance company may simply not accept your claim. This can be for a variety of reasons. Here are some of the most common reasons why an insurer may deny your car crash claim and refuse to pay damages.
You Didn’t Report the Crash on Time
When you suffer a car crash, you are required to report it at the earliest, whether you are filing with your insurer or the at-fault driver’s insurer. Timely reporting allows an insurer to conduct its own independent investigations to determine whether your claim is valid. If you make delays in notifying the insurer about the crash, the company can use this as an excuse to turn down your claim.
You Didn’t Get Immediate Medical Attention
In many car accidents, the injuries are not immediately known. This is particularly true if you suffer internal injuries. As such injuries are not immediately apparent, you may turn down medical help at the crash scene only to later realize you need hospitalization and treatment. Insurance companies often use this as an objection to turn down your claim.
The company lawyers can argue that you actually didn’t have any injuries from the crash and that later treatment was for other, unrelated injuries. This objection can be countered but you will need expert legal and medical help to do so. This is why it is always a good idea to undergo a thorough medical checkup after a crash, whether or not you think you need it.
You Had a Pre-Existing Condition
When you suffer injuries in an accident, the insurer can argue that your injuries were actually a result of a pre-existing condition. For instance, if you had a fractured leg and your suffered leg injuries in the incident, the company can claim that your injuries were related to the fractures you had suffered earlier. In such a case, it would be up to you to show that your existing conditions were either worsened by the crash, or new, unrelated injuries occurred as a result of the crash.
You Were Distracted When the Crash Occurred
If you were distracted at the time the accident occurred, the insurance company may cite your negligence as a contributing factor. Based on this, the company may deny your claim saying that the crash was also your fault. North Carolina uses a pure contributory negligence rule. This means that if you were even 1% at fault, you can’t recover any damages. The insurance company may try to prove that you were also at fault in order to bar you from receiving any settlement. This is where you will need the expert help of a reliable car accident lawyer.
Your Medical Records Don’t Prove an Injury
The relevant medical records are a key piece of documentation that is used to establish liability in a car crash claim. The medical records must clearly show the nature and extent of your injuries. If the records do not clearly establish that you were injured as a result of the crash, the insurance company has a sound reason to turn down your claim.
You Were Driving Under the Influence
If you were driving under the influence of alcohol or drugs, the insurer will readily reject your car accident claim. This is due to the pure contributory negligence rule mentioned above. Based on this rule, if the accident was avoidable in any way but your own negligence contributed to it, the company will be right in turning down your claim.
In spite of all these valid reasons to reject a car crash claim, an insurance company will also often reject a claim due to bad faith. In other words, the company will refuse to honor the claim even when you have a genuinely valid reason. This is when you should consult a good lawyer on how to proceed and ensure that the insurer honors its obligations.
Hiring a Reliable Charlotte Car Accident Lawyer
If you have suffered a car accident in Charlotte, NC, we can help you. Here at Ted Greve & Associates, we work with car crash victims to get them a fair compensation, from their own insurer or from the at-fault party’s insurer. We understand that an insurance company may try to turn down your claim using the reasons listed above. And our experienced lawyers know how to counter these common objections. Message us today and book a free consultative session to discuss your case.