How to Dispute an Unfair Car Accident Claim Decision

In Henderson, Nevada, multi-vehicle accidents happen regularly on bustling portions of the roads, such as Eastern Avenue and I-515. Claims often result in disputes between the insurer and claimant. The initial step to disputing claim denials is to read the denial letter and understand the reason the insurance company gave you for rejecting your claim.

If your case is justified in disputes of liability, and you contend with an unreasonable insurance company, you should reach out to a Henderson car accident lawyer to assess your case’s merits per the applicable local accident laws and insurance requirements.

What Is the First Thing You Do When You Get the Decision?

Your first step towards disputing a claim denial is to read the denial letter carefully. Insurers must identify the reason for the denial – liability disputed, no evidence of loss, or a policy exclusion. Compare the basis for the claim denial with the coverage language of your policy to find discrepancies.

Many factors can cause a denial to be appealable, such as missed deadlines and misrepresentation of facts. If you decide to challenge the denial of your claim, we suggest you document everything and keep your claim file organized. If the denial appears unreasonable, you should have a better case for disputing the insurer’s position after this initial review.

How Can You Make Your Dispute Better?

You can improve your case immediately by documenting everything. Take photos at the accident scene as clearly as possible, secure dashcam video, and get written statements from all witnesses. You can also obtain a copy of the official police report from the Henderson Police Department.

Physical injuries should also be properly documented as to their severity. Obtain copies of your medical records. Get repair estimates from certified auto shops. The National Highway Traffic Safety Administration (NHTSA) indicates that thoroughly documented evidence enhances the chances of disputing insurance claims.

What’s the Best Way to Communicate With Your Insurer?

Clear and organized communication will make the dispute process go more smoothly. Start off with a letter about your dispute, which will briefly restate the insurer’s reasons for denial, and attach any supporting documentation, such as photographs, repair estimates, and/or police reports.

Other means of communication should reference the exact clauses in your policy to link your evidence to the coverage clauses clearly. Make sure to document all communications—you should always document your telephone calls, emails, and letters so that you have a record that establishes what you have done up to that point. 

Planning ahead, it is critical to have documentation in the event that a regulator, independent adjuster, or court proceeding investigates their practices.

When Should You Seek Help Outside of Yourself?

Sometimes, no matter how well you do all of this, the insurance company is not going to change its decision. That is when outside help can be beneficial. Independent adjusters can conduct an unbiased damage appraisal that can challenge the insurance company’s valuation of your claim.

If the policy dispute requires an interpretation of the legal language in your policy, you may require the assistance of a lawyer who deals with insurance disputes to prepare you for your insurance case. 

How Do You Stay Persistent And Not Undermine Your Case?

Persistence is essential in a dispute, but that does not mean being illogical or reckless. You must carefully follow each time frame for appeals or provide evidence, or you risk losing your opportunity to continue your case. Generally, the faster you respond to requests from the insurer, the more you show your cooperation, and the quicker you can move the dispute along.

Try to maintain objectivity and professionalism; do not allow your emotions to drive your communications to a point that can undermine your credibility. When you reach a point where you believe there is a stagnation of progress, you should evaluate when to escalate by either filing a formal complaint with the state insurance department or determining if you should pursue legal action so you do not lose any more time seeking an appropriate resolution.

Key Points

• You need to fully understand why your claim was denied prior to taking any action.
• You need as much evidence as possible that is thorough and credible.
• Keep records of your communications with your insurer.
• Obtain expert help or complain to a regulator as needed.