When you are struck by a negligent driver, whether you’re behind the wheel, riding a bicycle, or walking down the street, it can be a challenging and upsetting matter. However, this can turn into a dire situation when the insurance company of the other driver denies the claim you’ve filed. This can leave you unsure of where to turn. Luckily, the following blog explores why denials happen and how a car accident lawyer in Sacramento, CA can help you fight for the funds you deserve.
Why Might a Claim Be Denied?
Unfortunately, there are several reasons that you may be denied when filing a car accident claim with a negligent driver’s insurance company following a collision.
One of the most common reasons your claim may be denied is because you either failed to file a claim in time or did not file the claim correctly. Because each insurance company has its own timeframe in which you must file a claim, it’s in your best interest to begin the process as soon as possible.
Another reason they may deny your claim is because they are trying to hold you responsible for the collision. When you submit a claim against another party’s insurance, it is because they are the party liable. However, to avoid losing money, the insurance adjuster may wrongly try to hold you liable for the accident. California is a pure comparative negligence state, codified under Civil Code Section 1714 and established by Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), which means your damages are reduced by your share of fault but are never eliminated entirely, even if you are found 99% responsible. Importantly, California also updated its minimum liability insurance limits to 30/60/15 effective January 1, 2025, under Senate Bill 1107, meaning the at-fault driver’s policy must now cover at least $30,000 per person and $60,000 per accident in bodily injury. Despite these protections, insurers routinely overstate a claimant’s percentage of fault to reduce payouts, and violations of California’s Unfair Claims Settlement Practices Act (CCR Title 10, § 2695.7), such as failing to investigate in good faith or provide a written denial explanation, can serve as evidence of bad faith conduct.
Can I Appeal the Decision By The Car Insurance Company?
If the other party denies your car insurance claim it’s important to understand that you can appeal the decision. However, it’s in your best interest to connect with a car accident lawyer before attempting to begin the appeals process, especially if the denial is because the other driver is denying liability.
Once you contact an attorney, they can help you gather the necessary evidence to fight the unfair decision. Be sure to stay organized in the days after the accident so you have documents and photographs readily available for your attorney to review.
Your attorney can also help you file a bad faith claim against the insurance company if it is clear they denied your claim to save money despite their client being liable for the collision.
As you can see, these matters can be incredibly complicated to navigate, so it’s in your best interest to connect with an attorney as soon as possible following the collision. They can help ensure your claim is filed on time and correctly to minimize the risk of denial. Additionally, if your claim is denied, they can help you through the appeal process to fight for the funds you deserve. At the Law Offices of Dale R. Gomes, we understand how complicated these issues can be, which is why we are dedicated to fighting for our clients. Connect with us today to learn how we can assist you.