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Facing a denial of your personal injury claim can be frustrating, especially when you are counting on compensation to cover medical bills, lost wages, and other damages. However, a denied claim doesn’t mean the end of the road.
In Georgia, you can appeal the decision, negotiate with the insurance company, or take legal action. This blog explains the steps to take after a denial so you can move forward and ensure your rights are protected.
Why Was Your Claim Denied?
Before taking any action, it’s essential to understand why your claim was denied. Insurance companies often deny personal injury claims for the following reasons:
- Lack of evidence–The insurers may reject your claim if you didn’t provide enough evidence to prove fault or the extent of your injuries.
- Disputes over fault–The insurance company may argue that you were partly or entirely responsible for the accident, which could lead to denial.
- Missed deadlines–Filing your claim too late, either with the insurance company or within Georgia’s statute of limitations, can result in an automatic denial.
- Pre-existing conditions–If the insurance company believes your injury is related to a pre-existing condition and not the accident, they may deny the claim.
Once you know why your claim was denied, you can take steps to address the issue and strengthen your case.
Review the Denial Letter
When your claim is denied, the insurance company will send you a denial letter explaining their reasons. Carefully review this letter and compare it with the details of your claim. If the denial is based on a lack of documentation or evidence, you may be able to resolve the issue by providing additional proof. On the other hand, if the denial is based on more complex factors, such as fault or legal issues, it may require further negotiation or legal action.
Gather Additional Evidence
If your claim was denied due to insufficient evidence, it’s time to gather more documentation. Some key evidence that can strengthen your case includes:
- Medical records showing the extent of your injuries
- Photographs of the accident scene
- Witness statements
- Police reports
- Bills and receipts for medical treatment and property damage
Presenting this additional evidence to the insurance company can sometimes be enough to overturn the denial or prompt a reconsideration of your claim.
Appeal the Denial
Most insurance companies offer an appeal process for denied claims. When appealing, responding promptly and providing any new evidence or documentation that could strengthen your case is essential. Keep in mind that appeals can be complex, and you may want to consider hiring an attorney to help you navigate this process.
Negotiate with the Insurance Company
Insurance companies are often willing to negotiate, especially if new evidence is presented. You can attempt to negotiate a settlement directly with the insurer, but keep in mind that they may still try to minimize your compensation. An experienced personal injury attorney can represent your interests during these negotiations, ensuring that you are treated fairly and that all aspects of your claim are considered.
Consider Legal Action
If your appeal is denied or negotiations stall, you may need to take legal action. Filing a personal injury lawsuit against the at-fault party or their insurance company can be a powerful tool to recover compensation. In Georgia, personal injury lawsuits must be filed within two years of the accident, so it’s important to act quickly if you decide to pursue this route.
When to Contact an Attorney:
- If your claim was denied based on fault disputes or legal technicalities
- If the insurance company refuses to negotiate or reconsider the claim
- If you need assistance gathering evidence and building a stronger case
At Gautreaux Law, we understand the challenges of dealing with denied claims, and we’re here to help you through every step of the process. If your personal injury claim has been denied, contact us today to discuss your options.