If you’re involved in a car accident in Georgia, you may file a claim with the at-fault driver’s insurance company. Ideally, the insurance company will investigate the claim and offer a settlement that covers your medical bills, lost wages, and other damages. But what happens if the defendant’s insurance company denies your claim?
Don’t panic just yet. There are still options for pursuing compensation. Here’s what you need to know.
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Understanding Insurance Denials
Insurance companies are not in the business of paying out large settlements to injured parties. They are looking to maximize profits for their shareholders, which means denying or reducing claims whenever possible.
If the at-fault driver’s insurance company denies your claim, they will likely provide a reason for the denial. This could include:
- Disputing fault: If the insurance company believes their policyholder is not responsible for the accident, they may deny your claim outright.
- Disputing damages: The insurance company may argue that your injuries or property damage are not as severe as you claim, and therefore do not require the amount of compensation you are seeking.
- Lapsed coverage: If the policyholder did not have insurance at the time of the accident, their insurance company will not be able to pay out any claims.
Appealing Denials
If the insurance company denies your claim, you have the right to appeal the decision. The first step is to read the denial letter carefully and determine the reason for the denial. If you believe the insurance company is mistaken or acting in bad faith, you can challenge the decision.
To appeal an insurance denial, you will need to provide additional evidence to support your claim. This could include medical records, witness statements, or police reports. A personal injury attorney can help you gather and present this evidence effectively.
Filing a Lawsuit
If the insurance company continues to deny your claim after an appeal, you may need to take legal action. This involves filing a personal injury lawsuit against the at-fault driver.
In Georgia, you generally have two years from the date of the accident to file a lawsuit. It’s important to act quickly since gathering evidence and building a case can take several months.
When filing a lawsuit, you will need to demonstrate that the other driver was negligent and that their negligence caused your injuries. This can be challenging to prove without the help of a skilled attorney.
Pursuing Compensation
If you are successful in your lawsuit, you may be awarded compensation for your medical bills, lost wages, and other damages related to the accident. However, it’s important to remember that the defendant’s insurance policy may not cover the full extent of your damages. In this case, you may need to pursue additional compensation through other means, such as your own insurance policy or the defendant’s personal assets.
Conclusion
If the defendant’s insurance company denies your claim, it can be frustrating and overwhelming. However, there are still options for pursuing compensation, including appealing the denial and filing a lawsuit. With the help of an experienced personal injury attorney, you can increase your chances of obtaining the compensation you deserve.