How Long After Car Accident Can You Claim Injury

Apr 23, 2019
by Adler Markoff & Associates

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    How Long After Car Accident Can You Claim Injury

    How Long After Car Accident Can You Claim injury

    Most of us buy car insurance for the peace of mind that comes with it—the idea that we’ll be taken care of if an accident should occur. And when an accident happens, we expect that filing a claim will take care of things—after all, we have insurance.

    Unfortunately, it isn’t always that easy. There are many reasons an insurance company could deny your claim, even though you’re counting on the money to pay for repairs or medical expenses. Sometimes the reason can only be found in your policy’s fine print; sometimes the rejection is because of something simple you overlooked. Regardless of why it happened, it’s frustrating.

    Below are some of the most common reasons why an insurer will reject a car accident claim. Read on to learn more or to find out how to prevent a denial in the future.

    6 Reasons a Car Accident Claim Could Be Denied

    Every car crash claim is unique and deserves a personalized analysis. When you consult with an injury attorney at AMA Law, we’ll help you understand the exact reasons the insurance company denied your claim. However, here are six common reasons for claim denials.

    Policy Exclusions

    Even if everyone involved in the crash had insurance, most policies contain a long list of things that aren’t covered. One common exclusion is an event triggered by nature, a so-called “act of God.” Insurers could deny your claim if they believe that an unexpected flash flood or another natural disaster was the real cause of the accident.

    “Intentional actions” is another exclusion companies commonly cite when denying or disputing a claim. For example, the insurance company may deny your claim if you were injured during a road rage incident. In these cases, it’s important to consult with an experienced attorney who can help you get the compensation you deserve.

    RELATED ARTICLE: How Long Do I Have to File a Car Crash Lawsuit in Oklahoma?

    You Didn’t Report the Accident in Time

    Many insurance policies have a limited timeframe for reporting accidents. If you wait too long and miss the deadline, the insurance company may deny your claim. Timeliness is also important when it comes to personal injuries. If you don’t seek treatment right away after a car accident, an insurer could argue that your injuries are not caused by the accident. Your case will be much stronger if you have proof that you visited a hospital or doctor immediately.

    Additionally, Oklahoma has a two-year statute of limitations. If you do not file your personal injury lawsuit within two years of your car crash,  you may lose your right to compensation. If you need help calculating your filing deadlines, contact AMA Law.

    You Have a Pre-Existing Condition

    It can be difficult to prove that the crash caused or worsened a pre-existing condition, such as degenerative disc disease or arthritis. The insurance company may deny your claim, and argue that your condition is not related to the collision. Keeping detailed medical records can go a long way in supporting your claim, and a lawyer may help you sort out the details to strengthen your case.

    RELATED ARTICLE: UM/UIM Insurance Can Protect You From Uninsured Motorists

    The At-Fault Driver’s Policy Lapsed

    Insurance companies have the right to suspend coverage if someone misses just one payment. So, even if you exchange insurance information after a car accident and the other driver’s card has a valid date on it, they still may not be covered. If the other party’s policy has lapsed because of missed payments, their insurance company could claim there was no coverage when the accident occurred.

    You Broke the Law

    Drivers who are intoxicated, driving without a valid license, driving under the influence of drugs or any other violation of state law when the accident occurs can have their claim denied.

    You Contributed to the Crash

    If an insurance company believes you could have avoided the accident or your actions did something to cause it, the insurance company will likely deny your claim. Denials can also occur when you and the other driver disagree over who caused the damage. It’s a good idea to speak with a lawyer if a liability dispute arises, since the insurance company already has its own legal counsel.

    RELATED ARTICLE: Can I Negotiate My Own Personal Injury Settlement?

    AMA Law: Get the Answers You Deserve

    When car accidents occur, insurance adjusters look for any excuse to deny a claim. That’s why persistence, compelling evidence, and a strong and straightforward claim is crucial to your success.

    At AMA Law, we pride ourselves on our ability to uncover and prove the facts of your claim in an accurate and convincing manner to both judges and juries. If your claim is denied and you want to fight the denial, request a free, no-risk consultation. We can help you and resolve the specific issues in your claim that led to a denial.

    If you are dealing with a denied car accident claim, contact AMA Law today to schedule your free, no-obligation consultation so we can discuss your case and your legal options. You can reach us through our online form or calling us at 405-622-5953.

    The content  provided here is for informational purposes only and should not be construed as legal advice on any subject.

    Request a free consultation

    (405) 607-8757