How to Dispute a Wrongful Car Insurance Claim Denial
Posted in Car accidents on March 10, 2025
If you are in a car accident and have damage to your vehicle, injuries, and other losses, you may file a claim with your insurance provider or that of the at-fault party and assume the process will result in fair compensation, but that does not always happen. How do you dispute a wrongful car insurance claim denial?
Ideally, you should turn to a Nashville car accident attorney to help you file a car accident claim and appeal the original decision. However, you should also understand the processes involved.
Determine the Underlying Cause of the Denial
Before you can dispute a car insurance claim denial, it is critical to understand why they denied it in the first place. In some situations, you may be able to provide additional information and then resubmit the claim. Other times, you may not have a true claim, especially if there are restrictions on your policy that limit your ability to recover those damages.
If, for example, you are in a car accident that you caused but do not have collision insurance, the policy will only cover the losses of the other driver up to the limit of your liability insurance coverage. It does not cover losses to your vehicle.
Many times, insurance companies will deny insurance coverage wrongfully or for reasons you can dispute. If you believe your policy covers the losses you have, then you will need to follow the dispute process to recover your damages. Again, doing so with the help of an attorney is often ideal.
What to Expect from the Insurance Claim Denial Dispute Process
In situations where you receive a wrongful car insurance denial, there are several steps you can take to get access to coverage, if available to you. Follow these steps to ensure you provide the necessary information to the insurance company to require them to make payment to you according to your coverage.
Gather Information to Dispute the Denial Reason
Your first step is to read the denial letter and then get evidence together that shows the reason for the denial is inaccurate. In many situations, this means you will need to show proof of the fault, loss, or the value of the loss in some way. Consider a few scenarios and the types of evidence you may be able to obtain:
- Denials for liability: The insurance company may deny the at-fault driver (their policyholder) is responsible. By providing dashcam footage, traffic camera evidence, or witness statements, you can demonstrate this is inaccurate.
- Denials for the value of losses: If you file a claim for medical bills, property damage, or lost time at work but the insurance company disputes the value, provide evidence of this such as copies of medical bills, a copy of the estimate for repairs to your property, and documentation from your employer that shows your loss of time at work.
- Denials for non-economic damage claims: Often, non-economic damages, such as claims of pain and suffering, may receive a denial. To dispute this, you will need to show documentation of the impact the incident has had on your life, such as statements from friends or family, information from your employer, statements from mental health professionals, or expert witnesses that can attest to the level of loss you have.
In any situation, it will be up to you or your Nashville truck accident attorney to find evidence to back up your claims. This evidence could be critical in getting any dispute turned around in your favor.
Reach Out to the Insurance Company
Discuss your claim denial with the insurance adjuster who reviewed your case specifically. Discuss the reasons for the denial, as they outlined, as well as the evidence you have to prove those losses are accurate. Alerting the adjuster to your desire to file an appeal may open the door to more information. They may state that they were missing other information or provide more insight into why the denial took place. You can then use that information to help bolster your claim.
Request a Formal Appeal
You can submit your claim again with an appeal request. This should be done through a written letter that outlines why you believe the denial is inaccurate and provides evidence supporting your argument. Make it clear that you should be owed fair compensation.
Request an External Review
In situations where the insurance company again denies your claim, it is then necessary to seek additional support. In this situation, you can request an independent third-party review of your claim. This will enable someone else who is not involved to look over the details of the claim to provide information. We recommend doing this with the help of your legal team. It may be necessary to file a dispute like this in a court of law.
The Value of Working with an Attorney
Victims of a car accident have losses that are hard to overcome, but this is made that much worse when the insurance company does not treat you fairly. With the guidance of a top-rated Nashville motorcycle accident lawyer, you boost your chances of recovering fair compensation in several ways:
- Getting an attorney involved puts the insurance company on alert that you will not be taken advantage of in this claim.
- Your attorney will find all evidence available to justify your claim, making it far harder for the insurance company to deny that coverage to you.
- Your attorney will also work with you to ensure you are pursuing truly full compensation owed to you.
- When necessary, your lawyer will find a lawsuit against the at-fault party, which will force them to take your claim seriously.
- If it goes that far, your attorney can also represent you in a court of law as you pursue legal action against those who caused your injuries.
When you have a significant claim at risk, seek out the help of a Nashville wrongful death attorney to pursue full support to overcome your wrongfully denied car accident claim. Often, an attorney will offer a free consultation to get started.