After a car accident here in Maryland, the motorists will contact their respective insurance carriers. Any injured victim or any person with damage to their vehicle will make claims under their motorist policy. Where an injured victim can prove that the accident was the fault of the other driver, then compensation will be paid through the insurance of the at-fault motorist. Because auto accidents in Calvert County, Maryland, can be legally and factually complex, it is important for car accident victims to consult with experienced and trusted Maryland auto accident lawyers like those at the Law Office of Robert Castro. Fill out our information request on our contact page or call us at (301) 870-1200. We are top-rated Maryland car accident attorneys with offices in Waldorf, Maryland.

Most of the time, accident claims are successfully settled through the insurance negotiation process. If that happens, then victims and others who suffered damage because of the accident can file personal injury lawsuits in the Maryland State courts. Whether filing a lawsuit is the right option depends on why the insurance companies denied the claim (or refused to offer a fair and/or full settlement). Here are a few reasons that an auto accident claim might be denied in Maryland.

Legal claim not available or legally barred

In some circumstances, an insurance company will refuse to settle if the claim is legally barred. One common example is where the Statute of Limitations has elapsed. Injured victims have only 3 years to file their claims and start their lawsuit from the date of the accident. In Maryland, this is called the Statute of Limitations. If victims wait too long and go beyond the date, their claims will be forever barred by law.

Barred by procedural and notice failures

Another reason why a claim might be denied relates to the insurance policy’s provision, particularly those related to notice. Any breach of the policy — which is a form of contract — can lead to the insurance carrier denying coverage. Failure to notify the insurance company of the accident is a common failure and can be the basis for a rejection of the claim. Many policies require notice of an accident within 30 days. Failure to reasonably cooperate with the insurance company’s investigation can also be used as a basis for denial.

Argument with respect to contributory negligence

Another reason why a claim might be denied concerns the insurance company’s belief that there was contributory negligence on the part of the victim. In Maryland, if the victim contributed to his or her own injuries, then they are legally barred from any recovery. If an insurance company believes there was contributory negligence, then it will not offer a settlement.

Other legal defenses exist

In addition, a claim might be denied because the insurance company thinks there are other strong legal defenses. These might involve questions of proof, causation, identity of the at-fault party, or other defenses.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.