When a person is injured in an accident caused by someone else’s negligence, the liable insurance company usually tries to settle the claim as quickly as possible. That way they can avoid the possibility of going to court and may be able to settle for less than the case is worth.
Unfortunately, there are some instances when the insurance company may not be willing to offer a settlement or make a better settlement offer than their initial offer. This can be very frustrating for injury victims who are waiting on a settlement to pay off their medical debts.
Our car crash attorneys in the South Bend area are prepared to help you negotiate a settlement with the insurance company or file a lawsuit against the driver who caused your crash if necessary. We offer a free consultation and there are no upfront fees.
Below, we discuss some of the most common reasons why an insurance company may be delaying a settlement offer or denying your claim.
To Pressure Injury Victims into Accepting a Smaller Settlement
Sometimes the insurance company will make an initial offer to settle a claim, but it is not usually anywhere near what the victim needs to cover the full cost damages.
Insurance companies make these lowball settlement offers knowing the injury victim is not likely to accept it and demand more. When this happens, the insurance company may then refuse to renegotiate to put pressure on the injury victim as his or her medical bills pile on. This is a common strategy used by insurance companies to try to get injury victims to accept the initial offer. Insurers know victims want to get money as quickly as they can and insurers try to use this to their advantage.
Although not illegal, since the injury victim has the option to file a lawsuit to force the insurance company to pay, it may be frustrating for accident victims as it can increase the duration of the legal process. Victims may need to take the case to court to recover the compensation they are seeking.
Disputes Over Liability
Denying liability is one of the most common strategies insurance companies may use to delay the resolution of a claim.
There could be several reasons why the insurance company may be disputing liability for your damages.
Lack of Evidence
If there is not enough evidence to prove another party’s fault for the accident that resulted in your injuries, the insurance company may feel more confident about winning the case in court.
However, it is important to note that the discovery process allows you to request more information from the at-fault driver. This information could help prove your claim and give you a much better chance of securing a favorable outcome in court. For example, you may be able to request phone records from the time of the crash to prove whether the driver was texting and driving.
Remember that negotiations can continue, even while discovery is happening. As more evidence proving your claim comes to light, the insurance company may be more willing to settle.
Pre-Existing Injuries
Another potential dispute over liability may involve an old injury. The insurance company will likely not want to offer compensation for an injury they claim you already had prior to the accident caused by their insured.
While this may be a plausible excuse for the insurance company to deny a settlement, the insurance company may be wrong. You may still be able to recover compensation. So long as you can prove your old injuries were aggravated in the crash, or show that you also suffered new injuries, you may be able to recover the compensation you need.
Shared Fault
Indiana is a modified comparative fault state in which an injury victim may not recover any compensation if he or she is 51 percent at fault. However, you may be able to recover reduced compensation if you are less than 50 percent at fault.
The insurance company is likely going to deny your claim if you are partially at fault for the crash. They may think they can convince a jury that you bear more fault for the crash than their insured.
Building a strong case to prove someone else caused your injuries is important for this reason, and our attorneys are prepared to help.
Insurance Coverage Issues
If there is a lapse in insurance coverage for the person who caused your accident, the insurance company is likely going to deny your claim, not just deny offering a settlement.
When this happens, there is not much legal recourse to pursue compensation from the insurance company, but you may be able to pursue compensation directly from the at-fault driver if he or she has assets.
Another option for your in these cases may be to turn to your own insurance coverage if you have insurance add-ons like Personal Injury Protection (PIP) or uninsured/underinsured motorist coverage.
Administrative Issues
There are other instances when administrative issues, such as missing a filing deadline or incorrectly filing a claim, may be the reason why the insurance company is refusing to settle your claim.
It would be in your best interest to work with an experienced attorney who understands the requirements for filing a claim and sending a demand letter for compensation to avoid further delaying settlement negotiation with the insurance company.
We Are Ready to Help. Call Today
If you are not having any luck getting the insurance company to the negotiating table to settle your claim for compensation, you should strongly consider speaking to one of our experienced lawyers. Our attorneys have the tools and resources needed to pursue the compensation you need for medical bills, lost wages and other damages.
We offer a free consultation and do not charge you anything up front. There are no fees unless we win, so there is no risk to you.
Call (574) 444-0741 to get started.
