As a top New York City Personal Injury Attorney, there are several personal injury cases that have ended abruptly and in favour of the insurance company against the injured party. In some cases, personal injury attorneys deny representation of some cases based on the facts surrounding them.
If you have been involved in a car accident and wish to pursue a personal injury claim, there is a need for you to be familiar with some of the factors that can complicate your case, disqualifying you from the much expected and anticipated insurance payout. While you head over to engage Alexander Shunnarah Trial Attorneys, below are some of the reasons why your personal injury claim may be denied by the insurance company.
1. You Could Have Avoided The Collision
While accidents are known to happen in a twinkle of an eye, there are certain accidents that could have been avoided. The insurance company wants to know that you have been involved in a type of accident in which you were totally helpless with regards to prevention. If you have been involved in such an accident that could have been prevented, then, the insurance company can name you as part of the at-fault party and deny your request for compensation for damages that have been incurred.
If the insurance company is able to prove that you had failed to take appropriate steps, actions or precautions to prevent the accident, then, your claim may be considered invalid or in other cases, the total amount which you have demanded in compensation may be reduced on grounds that you had also contributed to the accident due to your negligence.
2. You Failed To Report The Accident
If you have been involved in a car accident and have failed to call your insurance company within the first 24-48 hours of the accident, then your personal injury claim may be denied by the insurance on grounds that they were not informed of the accident. As a rule of thumb, it is recommended that you take all the steps possible to contact your insurance company as soon as you have been involved in an accident. Ensure that any accident involving death or personal injury is duly reported.
3. You Failed To Seek Medical Treatment
When you have been involved in an accident, there is a need to protect your health by seeking proper medical assistance to attend to all injuries and also scan for more internal injuries which may not readily be visible to the naked eye. Obtaining a medical report which indicates the injuries you have suffered and to what extent is one of the most important documents which will serve as evidence against the at-fault party and the insurance company.
Also, as part of seeking appropriate treatment, you are required by law to follow all treatment plans which have been designed for you. If you choose not to, this may in the end affect your chances of getting compensation or reduce the total amount in compensation you are entitled to.
4. You Don’t Have Enough Insurance Coverage
In certain cases, you may have a valid case and claim on your hand but the dismissing factor may be the insurance policy for which you have registered with the company. In the event of automobile accidents, chances are high that involved parties may sustain great bodily harm and in some cases, these damages may be greater than what the insurance coverage of the at-fault party offers. In such cases as this, the insurance company may choose to deny claims filed by the victim on grounds that it exceeds the limit of the policy holder’s insurance policy.
5. You Committed A Traffic Violation
Another important factor that can affect your chances of getting the insurance settlement for damages and injuries sustained is if you have been found to be in violation of traffic rules at the time of the accident.
Having understood the factors that can affect your personal injury claim case, there is the need to know what to expect at your initial consultation with the chosen attorney to represent your interests.
When approaching your attorney for the first time, it is recommended that you should be prepared to answer their questions with regards to the case while also presenting them with all the information needed.
Some of the documents you should be armed with during the initial consultation include:
– Photographs from the accident scene showing damages and injuries sustained
– Police accident report
– Medical records
– Receipts of expenses that you have incurred towards the treatment of accident injuries
– Insurance information
– Citations or tickets
– Witness statement or contact information of witnesses present at the scene of the accident
– Prescription documents and other medical treatment documents
– Legal documents or correspondence between you and the insurance company
