If the insurance company denies your accident claim, then you might be able to file a motorcycle accident claim and seek compensation for the damages you have sustained. It’s not uncommon for insurance companies to deny accident claims due to minor errors on the initial claim to try and reduce payouts as much as possible.
A motorcycle accident attorney from Edward Bernstein and Associates will know how to properly review your accident claim as well as the denial letter to figure out what steps need to be taken before filing an appeal. The attorney will also review the insurance policy you have to determine whether you’ve got bodily injury liability insurance coverage or any other collision insurance coverage to help cover damages.
With that said, here are some of the main reasons why an insurance service provider may deny an accident claim.
You didn’t include enough information or evidence to support the claim
The insurance service provider will investigate the incident themselves to determine liability. If your accident claim doesn’t have enough evidence to prove your innocence and that the other party was responsible for the accident, then the insurance company of the at-fault party might deny responsibility on these grounds. You might have to gather additional evidence, like medical records or video footage, before filing an appeal.
The cost of damages exceeds policy limits
One of the things the other party’s insurance company will do is review and examine your insurance policies, whether you are filing an accident claim with the defendant’s insurer or yours. This is important because, depending on the insurance policy, the insurance company may deny the claim if you or the at-fault party doesn’t have enough coverage for the damages you are claiming.
Your fault percentage is more than 50%
Some states abide by the comparative negligence rule, meaning plaintiffs whose fault percentage is over 50% are not allowed to collect damages. An insurance company might deny the accident claim if it finds evidence that reveals you contributed to your own injuries. You might need to argue these points and offer evidence that clearly shows the other party was responsible for the incident that resulted in your injuries.
Policy exclusions or lapsed policies
Most insurance policies have concrete and explicit terms and conditions that detail specifically what they cover and what they do not. A motorcycle accident claim will most likely be denied if the accident falls under events that aren’t covered by the policy, such as off-roading and racing.
Additionally, it’s the responsibility of the motorcyclist to maintain an active policy. If the gaps in that feature are because of missed payments and the like, and you’re involved in an accident during this period, then the insurance service provider will not compensate for damages.
Questioning the seriousness
An insurance claims adjuster will sometimes challenge how serious your injuries are. They won’t shy away from questioning the extent of your injuries or harm. The adjuster could even imply that the damages were already there before the accident and that they were not wholly due to the motorcycle accident. This is why it’s important to have a physician conduct a thorough medical examination post-accident. The existence of medical documentation will make it very difficult for them to dispute the severity of your damages and injuries.
Final Thoughts
We hope this blog post has made you aware of reasons why an insurance claim might be rejected. It is extremely challenging to deal with a motorcycle accident case on your own. Some motorcycle accidents occur due to defective parts as well. You need to work with an experienced motorcycle accident attorney, as they know how to compile evidence properly and deal with the insurance company.
