Actions You Can Take When Your Car Accident Claim is Denied

Actions You Can Take When Your Car Accident Claim is Denied

Whenever a person sustains injury in a car accident, they should be able to get compensation for their sufferings and losses. But, car accident claims in Rockford can become complicated and car insurance providers commonly deny claims made by victims. However, just because your claim has been denied by an insurance company does not mean it’s the end of your fight. You can take steps to recover the compensation you are entitled to. But, you can go through the process with more ease if you work with a Rockford Auto Accident Attorney.

How to Challenge a Denial of Your Claim

Insurance companies will always have reasons to deny claims. They may deny your claim if you haven’t been paying your policy, when the company believes their policyholder did not cause your accident, and when you fail to report the accident on time. No matter the reason your claim is denied, you must know how to fight the denial.

The first thing you need to do is to get the assistance of an experienced car accident lawyer. Your lawyer will determine liability by examining the facts of your case and calculate your total expected losses. They will draft a demand letter and send it to the insurer of the at-fault driver asking for full compensation. If the company still denies the claim, your lawyer can help you file an appeal. But, they may also suggest filing a personal injury lawsuit against the insurance provider.

How to File a Lawsuit

As an injured victim in a car accident, you can file a personal injury lawsuit in a civil court. This can be the best decision to make if the insurance company of the at-fault driver refused to pay the compensation amount you demanded. You need to act fast because you only have two years from the date you were injured to do so. If you don’t file a lawsuit within this time frame, you will lose your rights to compensation for your losses.

What Happens If Several Parties Were Involved in Your Accident?

Car insurance companies may deny claims if they think the accident was caused by another party. But, your accident may have resulted from the negligence of several parties and this does not exclude the insurer from paying compensation.

Illinois follows a system called modified comparative negligence. Under this system, anyone who is determined to have contributed to a car accident can still recover compensation. But, they should be less than 50% at fault for it. But, the total amount they will receive will depend on their percentage of fault.

Categories: Law

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