How to Handle Insurance Denials After a Car Accident
Getting into a car accident is stressful enough on its own. Dealing with an insurance company that denies your claim afterward can feel like a second blow, especially when you are trying to recover from your injuries and get your life back on track. The reality is that insurance denials happen more often than most people expect, and they do not always mean the end of the road. At Jaroslawicz & Jaros, PLLC, we believe that understanding why denials happen and what you can do about them is essential knowledge for any driver in New York.
Why Insurance Companies Deny Claims
Insurance companies are businesses, and minimizing payouts is in their financial interest. There are many reasons an insurer might deny a car accident claim. They may argue that the policy was not active at the time of the accident, that the injuries were pre-existing, or that you were at fault, In some cases, they may claim that the treatment you received was not medically necessary. Understanding the specific reason for your denial is the first and most important step in challenging it.
New York is a No-Fault State
New York operates under a no-fault insurance system, which means that after a car accident, your own insurance company is generally responsible for covering your medical bills and lost wages up to a certain limit, regardless of who caused the crash. This coverage is called Personal Injury Protection, or PIP. However, no-fault coverage has limits, and if your insurer denies your PIP claim or your damages exceed those limits, you may need to explore additional legal options, including a claim against the at-fault driver.
Steps to Take After a Denial
The first thing you should do after receiving a denial is read the explanation carefully. Insurers are required to provide a written reason for denying a claim. Once you understand their reasoning, gather all documentation that supports your case, including the police report, medical records, photos from the accident scene, repair estimates, and any correspondence with the insurance company. A denial is not final, and you have the right to file a formal appeal.
During the appeals process, be thorough and organized. Submit any additional evidence that directly addresses the reason for the denial. If the insurer denied your claim based on a dispute about fault, witness statements and traffic camera footage can be particularly valuable. Keep records of every phone call, letter, and email exchanged with the insurance company throughout this process.
When an Appeal Is Not Enough
You may also pursue a personal injury lawsuit against the at-fault driver directly, which operates outside of the no-fault system when serious injuries are involved.
Do Not Face This Alone
Insurance companies have teams of adjusters and lawyers working on their side. You deserve the same level of support working on yours. The New York Car Accident Attorneys at Jaroslawicz & Jaros, PLLC are here to help you fight back against unfair denials and pursue every dollar of compensation you are entitled to. Serving clients throughout New York City and Long Island, the firm is committed to protecting injured New Yorkers when the insurance system lets them down.