The first logical step after suffering an injury in a car accident is to file an insurance claim. If your insurance company denies your claim, you retain several rights under Pennsylvania law to secure a settlement after a car accident. Learning Pennsylvania rules around car accident insurance appeals, accident settlements, and your rights under your insurance policy can help you as you navigate the settlement process. This post will explain your options when a car insurance company denies your injury claim.
Latest Car Accident Data Shows Rise in Serious Injuries
The latest data* shows there were 4,785 suspected serious car accident claims in Pennsylvania in 2023. If you were recently hurt in a car accident, you’re not alone.
*data from PennDOT crash statistics
After a serious injury, you may face a wait for a car accident settlement while you receive medical bills you cannot pay due to time off work. An insurance claim denial in these circumstances will place you under significant stress. Let’s take a closer look at the options available.
Ask for a Documented Reason for the Claim Denial
The first step after the denial of your car accident injury claim is to ask the insurance company to confirm the reason for the denial. The insurance company must provide you with a legal reason why they’re not paying your accident claim. Asking for documentation explaining their reasoning will provide a foundation for appealing the denial later. In response, the insurance company will provide you with one or more of the following reasons:
- The policy does not cover your specific injuries
- You have not submitted accurate medical or personal information to the insurance company
- You had a pre-existing condition not disclosed at the time of signing the policy
- You missed the deadline to file your car accident claim
- You have not provided accurate details about the accident and how it occurred
Learn Policy Exclusions and Limitations
Your car insurance policy will include a list of exclusions and limitations that impact the type of accident claims the company will cover. One crucial exclusion area is household exclusions involving stacked coverage, which the Supreme Court of Pennsylvania ruled were no longer enforceable under Gallagher v. Geico Indemnity Co. Therefore, if you have a policy with a Pennsylvania insurance provider, review your options to stack coverage via multiple policies. Your insurance company may have denied your claim based on a misunderstanding of the latest rules regarding policy limitations.
Review Pennsylvania’s No-Fault Laws
Pennsylvania drivers have the choice between limited tort insurance policies and full tort insurance policies. Understanding the differences between the two policy options can help you determine the next step after an accident injury claim denial. So make sure you review your coverage closely with a Philly personal injury lawyer to determine the extent of your coverage. For example, coverage is a leading consideration if you have a limited tort policy under which there are restrictions for pain and suffering coverage to cover only serious injuries. Consequently, the insurance company adjuster’s definition of serious injury may not meet the legal standard, and it could be reviewed and countered with an insurance denial appeal.
Frequently Asked Questions About Car Accident Claims Denials
How Long Does an Insurance Company Have to Respond to a Claim?
In Pennsylvania, car insurance companies must respond to a claim in writing within 15 days of you filing the claim.
What Documentation Can I Use to Help Appeal My Claim Denial?
Documentation that may be useful in appealing a denied car accident injury claim includes photographs from the car accident scene, witness statements, police reports, doctor’s reports from the day of the accident, and subsequent medical diagnostics showing the extent of your injuries.
Can I Still Settle A Claim After a Claim Denial?
Yes, even though the car insurance company initially denied your claim, you may be able to return to communications with them and continue negotiations regarding your accident injury settlement. Most car accident injury claims settle out of court with the help of an experienced personal injury lawyer.
Philly Car Accident Lawyer Jeffrey Penneys Helps Drivers Facing Denied Car Insurance Injury Claims
If your car insurance company denies your accident claim and refuses to communicate, Jeffrey Penneys can help advocate for your rights. He holds decades of experience negotiating car accident claims and will help you exercise your legal rights. Don’t let your policy lapse without speaking to Jeffrey Penneys about your options.
Call (215) 771-0430 now to speak with your Philly car accident lawyer or request your free, no-obligation consultation online.
Car Accident Resources
Learn more about Car accidents in Philadelphia with the following resources:
- Car Accident Laws in Pennsylvania
- What is the average Pennsylvania car accident settlement?
- How long do you have to get a lawyer after a car accident?
- Should you hire a lawyer after a car accident?
- Guide to negotiating car accident settlements
- Can you sue a pedestrian for a car accident?
- Should you hire a personal injury lawyer if you’re not at fault?
- Dont give a recorded statement after a car accident
- What to do when your insurance claim is denied?
- When should you worry about a car accident pain?
- The leading causes of deadly teen car accidents