If you suffered injuries in a motor vehicle crash that you know was not your fault, you need to be prepared for the possibility that the negligent driver's insurance company will deny your claim for compensation. Unfortunately, the goal of some companies is to deny claims, pay victims less than they deserve, and delay making settlement payments.
The best way to deal with a denial of your claim is to retain a knowledgeable motor vehicle accident lawyer in Kansas City who will aggressively fight so that you receive all the compensation you deserve for your injuries. It can also be helpful to understand the common excuses insurance adjusters use when they deny motor vehicle collision claims.
#1: You Were Partially at Fault for the Crash
Insurance companies love to point the finger at accident victims and claim that they were partially to blame for the collision. However, this is not justification for denying a claim.
If your claim is denied for this reason, you need to realize that just because the insurance adjuster says that you caused your motor vehicle collision does not make it true. In addition, even if you were partially at fault, you may be entitled to a significant portion of the compensation you are seeking under Kansas and Missouri comparative negligence laws.
#2: You Have a Pre-Existing Condition
An insurance company is only responsible for paying you for injuries caused in your motor vehicle accident. If you had a prior injury to the same body part injured in your collision, they could argue that it was the cause of your current injuries and that they have no liability to compensate you.
However, under the eggshell skull doctrine, the insurance company is precluded from using your prior injury as a defense to compensating you. But that does not mean that they will not try to use this argument to deny your claim.
#3: You Delayed Receiving Medical Treatment
You may not have realized right after your crash that you suffered any injuries and may not have been examined by a doctor. This does not mean that you did not suffer a back, spinal, or traumatic brain injury, internal organ damage, or other hidden injuries where the symptoms take days or longer to emerge.
However, you need to be prepared for the insurance adjuster to make one of these arguments if you did not obtain prompt medical care:
- Your injuries were caused by another incident.
- Your injuries are not as serious as you claim, or you would have received medical treatment immediately after the collision.
If they do make this argument, you may have to obtain additional evidence and fight harder before they agree to settle your claim.
#4: You Do Not Have an Attorney
If you are not represented by a motor vehicle accident lawyer when you file your claim, the insurance company could try to take advantage of you and deny your claim or try to get you to accept a lowball settlement offer. At Kansas City Accident Injury Attorneys, we understand the unfair tactics the insurance adjuster could use to deny your claim or to pay you less than you deserve and have effective strategies to defeat their arguments. Our knowledgeable legal team will fight for your rights and file a lawsuit on your behalf if they refuse to be reasonable so that you receive the maximum recovery in your settlement.
Have You Been Injured in a Kansas City Area Motor Vehicle Accident?
If you've been injured in a motor vehicle accident, you need to speak with an experienced motor vehicle accident lawyer as soon as possible. It will cost you nothing to hire us because we handle these cases on a contingency fee basis where you only pay us if we win your case. We will also front the costs and fees you could incur. Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.