Monday, April 18, 2022

Reasons Your Personal Injury Claim May Be Rejected

Albuquerque personal injury attorney

If you have been injured, physically and you want to claim for compensation against the responsible party or parties, then it is crucial that you understand the common reasons why personal injury claims are rejected by insurance companies. Here are the most common reasons your personal injury claim may be rejected by insurance companies as listed by Albuquerque personal injury attorney.

Your Claim Was Denied Because You Cannot Prove Fault

For example, if you hit a mailbox while backing out of your driveway and can’t prove that it was poorly placed or maintained by another person or company, then it is unlikely that you will receive compensation for your damages. Additionally, if fault cannot be proven as in many car accidents, then a court is unlikely to award any money for injuries.

The Severity of Your Injuries Did Not Match Up With the Cost Incurred By another Party

If your injuries are not severe, insurers and other third parties will assume that you are exaggerating or overstating your injuries. This is to discourage claimants from making claims for what they consider minor injuries. The onus will always be on you as a claimant to demonstrate why it was reasonable for you to incur X cost due to these minor injuries, which can take time and money.

Insurance Company Could Find No Proof 

When you file a personal injury claim, you'll have to prove to both yourself and your insurance company that an accident occurred. If there is no proof that an accident actually took place (for example, if it was not witnessed by anyone or if you don't have a police report), then it will be difficult for you to file a successful lawsuit in civil court.

Pre-Existing Conditions Can Cause Denials

In any kind of insurance claims, including those involving automobiles, there’s a chance that an insurer will deny coverage or raise premiums on policyholders if they have a pre-existing condition. This is also true in most cases involving personal injury claims. Some common examples of pre-existing conditions include chronic pain conditions like migraines and arthritis. Some less common but well-known pre-existing conditions are obesity and diabetes, which are often thought to cause more accidents or injuries.

You Filed the Lawsuit after the Statute of Limitations Period Expired

Almost every state has a statute of limitations that restricts how long after an accident you can file a lawsuit. The time limit for filing personal injury claim differs from one state to another.

If you’ve been injured in an accident and decide to file a personal injury claim, there’s always the possibility that your claim may be rejected. So, it’s important to seek the legal assistance from the attorneys of personal injury law firm Albuquerque. For more help from personal injury or car accident lawyer Albuquerque NM, please get in touch with a reputed law firm in your place.

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