Former State's Attorney With Over 38 Years of Experience

If The Insurance Does Not Cover Correctly, How to Bounce Back

In the US, 90 to 95 percent of insurance claims are approved annually. That means only 5 to 10 percent get denied. However, in such a massive industry as insurance, this small insurance claim denial percentage translates to enormous numbers.

The denial of an insurance claim payout after a car crash by a drunk driver can make the individual who made the claim feel confused, frustrated, and prolonged pain and expense- for their associates and family.

Most people don’t know that, despite what is common in advertising, insurance companies are not necessarily on your side because they are for-profit businesses that do not tolerate loss. So, an insurance business model exists to either pay you as little as legally possible or nothing at all.

Why Insurance Companies Refuse to Cover a Car Accident Claim

Insurance companies depend on a cornucopia of reasons not to approve car accident claims. The following are some common reasons;

Lack of Coverage

Some insurance companies hide the fact that particular types of injuries and car accidents are excluded from the policy by wording it in fine print on the policy. Insurance companies can base their denial on vague technicalities you were completely unaware of when purchasing the policy.

Policyholders, at times, also neglect or forget to renew their coverages, yet coverages are not usually automatically extended. Such a simple mistake can cause a denial that costs thousands of dollars.


One may have submitted a claim with incorrect information or not been compliant with the requirements for submission. It is crucial before submitting a claim to;

  • Pay close attention to ascertaining all documentation required.
  • Note the time limits for making a claim. The Illinois County statute of limitations is two days.
  • Note who should receive the claim.

Failure to Seek Medical Attention and Notify the Insurance Company on Time

It is crucial to seek medical attention immediately after you have suffered injuries in a car accident. If one waits for longer, like up to a week, insurance companies state the delay as grounds for denying your claim. They may argue that since you did not seek immediate medical help after the accident occurred, you were not hurt.


If one makes an exaggerated or false claim, the company can accuse you of attempting to commit fraud. If this is the case, one will have legal liability to face civil or criminal charges.

A Bad-Faith Action

Sometimes insurance companies can have a purely bad faith reason for denying your claim. They give you a lot of justifications and insurance jargon, but they could just be covering up the fact that they do not want to pay you anything.

“Bad faith,” a common term in the insurance industry, means the company failed you by improperly analyzing, investigating, or settling a covered claim.

To prove that the company acted in bad faith and failed to cover your car insurance claim, you need to show that they;

  • Should have known or known the claim coverage was reasonably clear.
  • Delayed or denied your claim unjustifiably.

Once you have determined that you might have fallen victim to a bad faith action by the company, you have two options: appeal the denial of your claim or sue the company. You will need to seek the services of a qualified car accident lawyer.

How to Appeal the Denial of Your Claim

Many insurance companies give policyholders the leeway to appeal a denied auto accident claim. There are car accident lawyers and many personal injury attorneys who can help you gather all the information on the car accident. They can then submit it as evidence to address the claim denial with the insurance adjuster.

This information includes the police report, hospital admission and medical records, medical bills of the car accident victim, photos of the accident scene, and even documented personal accounts of family and friends about the effect of your medical condition on your everyday life.

Here are things you can do to increase the chances of a successful appeal:

  • Know exactly why your claim was denied, as per the reasons mentioned above.
  • Collect the evidence to prove the unjustified denial of your claim. An experienced accident lawyer can help you prove liability, especially if the other party is guilty of drunk driving or distracted driving.
  • Do all the appropriate paperwork with the help of an experienced auto accident attorney.
  • Organize your documentation for easier access when needed.
  • Do not get annoyed with the insurance company representative. They may have nothing to do with your claim’s denial and can give valuable assistance.
  • Stay the course, and do not give up.
  • Be ready to take the next legal step when the appeal fails.

How You Can Sue the Insurance Company for Denying your Claim

If you have tried appealing your injury claim without success and believe the company acted in bad faith, you need to increase the pressure on them. You could either report them to the state’s insurance regulator or hire an experienced car accident attorney or personal injury attorney to launch the lawsuit for you.

If the company sees their denials are not putting you off, and you are considering suing them, they may opt to settle with you rather than risk losing the car accident case in court. In the long run, this settlement is cheaper for both parties because you will avoid court costs and attorney fees, and you might even get a higher settlement than anticipated.

Trust Our Auto Accident Attorneys to Get You the Fair Car Accident Settlement You Deserve

Our experienced and certified car accident attorneys and most personal injury attorneys have expertise in helping clients recover maximum compensation and a fair settlement after a motor vehicle accident from their own insurance company for lost wages and medical expenses.

For more information on how to bounce back when the insurance company does not cover correctly and to request a free consultation, you can visit either our Orlando Park law office or our Chicago law office. You can also call us at 708-694-9728.

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