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What Happens If Your Personal Injury Claim is Denied?

Submitted by pec on

It can be frustrating to have your personal injury claim denied, but if you are sure that the other party was to blame for the accident you were involved in, it is usually worth filing your claim again. You will need to re-examine the evidence you submitted the first time and review the possible reasons why the original claim was denied. It is certainly worth discussing your accident and the claim you made with a personal injury attorney. The attorney can assess your case and give advice about making a new claim.

Why are Slip and Fall Claims Denied?

Slip and fall accident claims are often difficult to win, but in many cases, with persistence and fresh evidence, they can succeed. Typical reasons why a slip and fall accident claim fails are listed below:

  • The management of the property where the accident happened was not aware of the hazard, and the time interval was too short for notification to have happened, therefore proving negligence would be difficult;
  • The hazard that caused your accident had a warning notice in place but you didn’t notice it;
  • You did not have any corroboration from eye witnesses; statements from people who saw you slip and fall could have confirmed that the accident was not your fault;
  • You failed to provide convincing medical evidence that your injuries were caused by the accident and were not pre-existing;
  • Your claim was filed after the state’s statute of limitation period ended.

Why are Auto Accident Claims Denied?

If you had an auto accident in a no-fault state, you may be reliant on your own insurance policy. Typical reasons for having a claim against your own insurance policy denied include:

  • Policy exclusions;
  • Your own cover had lapsed;
  • You failed to notify the insurer correctly.

In a fault state, you would be reliant on filing your claim against the at-fault driver’s insurer. Typical reasons for a denied claim might include:

  • Other driver alleges you were at fault and insurer backs them up;
  • Not enough evidence to support your claim that the other driver was at fault;
  • Failure to obtain a police report of the accident;
  • Failure to provide convincing medical evidence.

What to do After Your Claim is Denied?

The best advice after a claim has been denied is to contact a personal injury attorney and discuss the accident with them. Most PI attorneys work on a contingency fee arrangement and will provide a free consultation and defer any fees until a claim has been obtained. The attorney will help reconsider the reasons why the claim was denied in the first place and suggest how better evidence could be provided.

Get Help With Your Claim

If the personal injury claim you filed has been denied, it is worth filing the claim again, but only if the accident has been re-examined and the evidence you submitted evaluated to see whether you could have provided more convincing material to support your claim. In most cases, your claim would have a better chance of success if you get help from a personal injury attorney. Fill out the Free Case Evaluation to connect with an independent personal injury attorney who subscribes to the website and may be able to help with your denied claim.