The Other Driver’s Insurance Denied The Claim, Now What?
Automobile Accidents - June 21, 2021
Anytime a person is injured in a vehicle accident caused by the careless or negligent actions of another driver, they should be able to recover compensation for their medical bills, lost wages, and other losses. However, vehicle accident claims in Illinois can become complicated, and it is not uncommon for the other driver’s insurance carrier to deny a claim. When this occurs, this does not necessarily mean that the case is over with. What this means is that there will be additional steps in order for the victim to recover the compensation they are entitled to.
Challenging a Claim Denial
There may be various reasons why an at-fault driver’s insurance carrier may deny a claim. Some of the most common reasons for a claim denial include the following:
- The driver’s insurance policy has lapsed. The insurance carrier is not going to pay any claims for a policy that has not been paid.
- There is a dispute over fault. If the at-fault driver’s insurance carrier thinks that another party caused the incident, they will likely deny the claim.
- Failed to promptly report the accident. If the insurance carrier is not notified within a relatively short amount of time after the incident occurs, they could deny the claim.
Regardless of why a claim may be denied, it is important to take steps to fight the denial. First, this may involve obtaining assistance from a skilled car accident attorney. An attorney will examine the facts of the situation, help determine liability, and adequately calculate total expected losses. An attorney will then send a demand letter to the insurance carrier asking for full payment of compensation.
If the insurance carrier still denies the claim, then the attorney can help you navigate the official appeals process. However, at this point, it may be necessary to file a personal injury lawsuit against the at-fault driver and their insurance carrier.
Filing a Car Accident Lawsuit
Personal injury lawsuits are avenues available through the civil court system for injury victims to recover compensation from an at-fault driver. It may be necessary to file a personal injury lawsuit if the insurance carrier denies a claim or refuses to pay a fair settlement amount.
In Illinois, the personal injury statute of limitations is two years from the date an injury occurs. This means that a car accident injury victim will have a two-year time frame with which to file a lawsuit against the alleged negligent driver. If they fail to file a lawsuit within this time frame, they will not be able to recover any compensation for their losses.
What if Multiple Parties Were At-Fault?
One of the most common reasons that an insurance carrier may deny a claim Is that they believe another party caused the crash. However, it is entirely possible that there may be more than one party at fault, but this does not mean that the carrier will not have to pay compensation at all.
Illinois operates under a “modified comparative negligence” system. This means that a person determined to be partially at fault can still recover compensation, so long as they are less than 50% responsible for the crash. However, the total amount of compensation an injury victim receives will be reduced based on their percentage of fault.
What If My Pain After a Car Accident Was Delayed?
Vehicle accident cases can become complicated, particularly if there are injuries involved. Often, crash victims know right away whether or not they have sustained an injury. However, that is not always the case. There are times when the signs and symptoms of vehicle accident injuries in Illinois do not appear until hours, days, or even weeks after the crash occurs. In these situations, accident victims need to know what to do to ensure they are cared for. Can they recover compensation? Do they need assistance from an attorney? We want to answer these questions here.
What are Delayed Injuries After a Car Accident?
There are various types of injuries that can occur as a result of a vehicle accident that did not show signs and symptoms right away. In the immediate aftermath of a crash, the adrenaline coursing through our bodies can mask much of the pain that we would otherwise feel. Some of the most common delayed injuries after a vehicle accident include the following:
- Headaches. There are various ways that headaches can occur in a vehicle accident. Often, a headache could be a sign of a concussion or more serious traumatic brain injury. It is crucial for any person who has a headache following an accident to seek medical care.
- Back pain. Back pain could indicate a wide range of injuries that occur as a result of a vehicle accident. This can include whiplash, sprains, herniated discs, or another type of soft tissue injury.
- Abdominal pain. Abdominal pain following a vehicle accident can result in serious complications if left untreated. In some cases, this could indicate that there is deep bruising or even internal bleeding.
- Neck or shoulder pain. Pain in the neck and shoulders is often the result of whiplash, which is caused by the rapid back and forth motion that can occur in a vehicle accident. Neck and shoulder pain can be the result of the stretching or straining of muscles, ligaments, and tendons.
- Emotional pain and suffering. It is not uncommon for victims of vehicle accidents to experience anxiety, fear, depression, and even post-traumatic stress disorder (PTSD).
Can You Secure Compensation for Delayed Injuries?
Yes, it is entirely possible to receive compensation for delayed injuries after a vehicle accident occurs. Even though the insurance carriers do not like to payout compensation for delayed injuries, they are well aware that there are times when signs and symptoms may not appear until days or weeks after a crash occurs. In fact, this is why insurance carriers push for quick settlements so often. So long as they can get you to sign off on a settlement agreement early, this means that you will not be able to seek any additional compensation regardless of whether or not you discover additional injuries.
Under no circumstances should you agree to a settlement or let the insurance carrier know that you do not think you are not injured soon after a crash occurs. It is important to seek medical care following a car accident and continue any follow-up care necessary. If you feel any signs and symptoms of injuries in the weeks following a vehicle accident, it is crucial to go to the doctor as soon as possible.
Is an Attorney Necessary?
It may be necessary to seek assistance from an attorney if you have sustained delayed injuries after a vehicle accident. Insurance carriers are notorious for denying claims related to delayed injuries, but a skilled Illinois vehicle accident attorney will be able to get involved and fully investigate the incident. An attorney will have the resources and experience necessary to handle every aspect of a vehicle accident claim and they will handle all communication and negotiations with the insurance carriers involved.