Getting into a car accident is stressful enough without having to deal with insurance companies that refuse to pay for damages and injuries. Unfortunately, claim denials from at-fault drivers’ insurance companies are more common than many people realize.
If you’ve been injured in a car accident in North Carolina and the other driver’s insurance company has denied your claim, you’re not powerless. Understanding your rights and taking the right steps can help you get the compensation you deserve.
Why Do Insurance Companies Deny Claims?
Insurance companies are businesses focused on protecting their bottom line. They have teams of adjusters and lawyers whose job is to minimize payouts, even when their policyholder is clearly at fault. Common reasons for claim denials include:
- Insurance companies frequently dispute fault, arguing that their policyholder wasn’t responsible for the accident or claiming you were partially or entirely at fault.
- They may also raise coverage issues, asserting that the policy doesn’t cover the specific type of accident or that coverage had lapsed.
- Another common tactic involves claiming insufficient evidence to support your version of events or the extent of your injuries.
- Insurance companies also frequently argue that injuries existed before the accident and weren’t caused by their policyholder.
Additionally, they may offer settlements far below what you need, claiming policy limits restrict their payouts.
Understanding North Carolina’s Contributory Negligence Rule
North Carolina follows a rule called contributory negligence, which means if you’re found even 1% at fault for an accident, you may be barred from recovering any compensation. Insurance companies often use this rule to their advantage by arguing that you contributed to the accident in some way.
What Steps Should You Take If Your Claim is Denied?
1. Request a Written Explanation
If an insurance company denies your claim, immediately request a written explanation of their decision. This documentation should outline the specific reasons for the denial and reference the policy provisions they’re relying on. Having this in writing helps you understand their position and gives you a foundation for challenging their decision.
2. Review the At-Fault Driver’s Insurance Policy
Ask to review the relevant sections of the at-fault driver’s insurance policy. You have the right to understand what coverage exists and whether the insurance company’s denial is justified. Pay particular attention to coverage limits, exclusions, and any conditions that might affect your claim.
3. Gather Additional Evidence
If the denial is based on disputed fault or insufficient evidence, work to gather more documentation to support your case. This might include additional witness statements, traffic camera footage, photos of the accident scene and vehicle damage, medical records and expert opinions about your injuries, police reports and any citations issued, and accident reconstruction reports.
4. Get a Second Medical Opinion
If the insurance company is questioning the extent of your injuries or claiming they’re pre-existing, consider getting a second medical opinion. An independent medical examination can provide additional evidence of your injuries and their connection to the accident.
5. Document Everything
Keep detailed records of all communications with the insurance company, including phone calls, emails, and letters. Note the date, time, and content of each interaction. This documentation can be valuable if you need to pursue legal action.
What Is North Carolina’s Statute Of Limitations?
Time is critical when dealing with insurance claim denials. Evidence can disappear, witnesses’ memories can fade, and you may lose important legal rights if you wait too long.
North Carolina law requires that personal injury lawsuits be filed within three years of the accident date. However, starting the process early gives you more time to build a strong case and negotiate effectively.
How Paynter Law Can Help
At Paynter Law, we understand how frustrating and overwhelming it can be when an insurance company denies your claim. Our legal team has extensive experience dealing with insurance companies and their tactics. We work on a contingency fee basis, which means you don’t pay attorney fees unless we win your case.
If you’ve been injured in a car accident in North Carolina and the at-fault driver’s insurance company has denied your claim, don’t wait to take action. Contact Paynter Law today at (919) 245-3116 for a free consultation.