Reasons Your Maryland Auto Accident Claims May Be Denied
When you present a claim through your insurance carrier or to the other party whom you believe caused the accident, you are expecting to be reimbursed for your damages. Unfortunately, there are instances when either your carrier or the other party’s carrier denies your claim. It is important to ask questions and understand why the claim was denied. Each situation is unique, but this is one of the reasons retaining a Maryland car accident attorney is important. Your attorney will fight for your rights with the carrier and ensure the denial was not in error or in bad faith, in which case it could provide grounds for another type of lawsuit.
The Other Carrier Claims You are at Fault
Maryland follows the rather archaic theory of contributory negligence. That means that if the other carrier claims you are even 1% at fault for the accident, you are barred from any recovery. Obviously, the other carrier will do their best to find at least 1% of fault against you, even when there is none, to avoid paying any money out. Some people get the denial and let it go. However, you need an attorney who is not afraid to be aggressive with the other person’s insurance adjuster and challenge their liability determination, even if it means the case proceeds to litigation.
Medical Treatment was Not Necessary
Even with claims that the other carrier agrees was their insured’s fault, the adjuster may claim your medical treatment was not reasonable and necessary. They can claim you waited too long to see a doctor or that the treatment rendered was not in line with the injuries you claim or the physical damage to the vehicles. This is often their way to argue that your injuries did not occur because of the accident or they are exaggerated.
Some carriers will focus on whether or not you had any prior injuries and claim that what you are getting treatment, for now, is due to a pre-existing condition, not from the accident.
No Coverage Available
There are times when an insurance carrier may deny your claim because there is no coverage available. If you present a liability claim to the other party’s carrier and they determine there is no coverage available for some reason, your claim will be denied. If you are presenting a claim to your own carrier for Uninsured Motorist (UM) coverage, they may deny it if they investigate and find out that the other party is in fact insured. Or, perhaps there is a problem with your own policy and they deny the UM coverage because your premiums lapsed, or the circumstances of the accident mean coverage can not be afforded.
Retaining a Maryland Car Accident Attorney
Retaining a skilled Maryland car accident attorney to assist with your claim after the accident can help reduce your risk of denial in some cases. Your attorney will help preserve evidence, ensure you get the treatment necessary for your injuries, and fight the insurance company in the case of an unwarranted denial. If you or a loved one was injured in an accident that was not your fault, contact the Law Office of Robert R. Castro at 301-870-1200 today to schedule a consultation.
