Car Accident Claim: What To Do If It Gets Denied

car accident claim

Did you get a car accident claim denied and believe that you have no hope of recovering your economic losses? For experienced auto accident lawyers in Las Vegas, such a denial does not represent the end of the legal road. In fact, it is just the beginning of a step-by-step process to make sure that justice is served and that the responsible driver’s insurance company pays the compensatory amounts you deserve.

You should not be discouraged by a denied car accident claim, because, in our experience, it happens all the time. At Nettles Morris, we have helped many clients in the same position as you. We assigned an experienced injury attorney in Las Vegas, Nevada to their case and we won the case.

Why Do Insurance Companies Deny Car Accident Claims in Nevada?

There are several reasons why you may have got a denied claim. In our experience as auto accident lawyers in Las Vegas, the main reasons for a denied claim are:

1. The Other Driver Did Not Report the Accident

According to Nevada Revised Statutes 484E.070, all the drivers involved in a car crash must report the accident to the Department of Motor Vehicles within 10 days after the event. At the same time, drivers are obliged to report any accident as soon as possible to their insurance company. Each insurer has its own specific deadlines for reporting such an event.

If the other driver failed to notify their insurer that they were involved in a crash before you file a car accident claim, it will be automatically denied.

2. The Insurer Believes You Were More at Fault Than Their Customer

An insurance company may choose to believe their customer’s description of the accident, implying that you were mainly responsible for it. They do not have to investigate the crash in order to make this decision.

However, if you are represented by an injury attorney in Las Vegas, Nevada, you can prove how the crash actually occurred. With clear evidence in hand, you have a strong negotiating advantage and the insurance company can no longer claim that you do not have a case.

3. The Insurance Company Usually Denies All Claims

All insurance firms are for-profit businesses, but some of them put profit above anything else – including their legal and contractual obligations. Auto accident lawyers in Las Vegas know the insurers who automatically deny all claims, without even taking the time to investigate them properly.

This is not fair and it is not legal. However, without legal representation to fight for your cause, you have little recourse, except for filing a complaint with the Nevada Division of Insurance. However, this is no guarantee that the denial will be overturned and you will get the compensation amount you deserve.

How Can a Las Vegas Car Accident Attorney Help If Your Claim Was Denied?

As we stated at the beginning of this article, a denied claim is not the end of the road. You actually have two years since the date of the accident to take legal action in order to recover damages. This type of legal action – a personal injury lawsuit – is the last resort. Before that, auto accident lawyers in Las Vegas will try to determine the insurance company to accept your claim and pay the compensatory damages included in the letter of demand.

Here are some of the steps a lawyer will undertake to achieve this result:

1. Investigating the Circumstances of the Accident

An injury attorney in Las Vegas, Nevada will rely on several sources of information to understand how the accident happened. The first source of information is your own description of the events.

Next, the lawyer will attempt to confirm your statement by:

  • Looking at photos of the crash scene and of your injuries
  • Obtaining the accident report prepared by the police
  • Discussing with eyewitnesses and taking their testimony
  • Talking to your doctor to understand the extent of your injuries.

Based on all the evidence collected, the attorney will be able to determine:

  • Who is the liable party in the accident?
  • What is your own proportion of fault in the accident?
  • How much compensation you are entitled to receive?

Las Vegas auto accident lawyer

2. Presenting the Case to the Insurance Company

Auto accident lawyers in Las Vegas can reopen denied claims when they come forward with clear evidence that you have a right to recover damages. Insurance companies will always seek the path that minimizes the amount of money they have to pay.

Once the insurance adjuster realizes that you have professional legal representation and a strong case, they will accept to settle your claim instead of risking an expensive personal injury lawsuit.

Nevertheless, some insurance companies believe that they can win the case in court. And this is why you need to rely on an experienced injury attorney in Las Vegas, Nevada.

3. Representing You in Court

If settlement negotiations with the insurance company fail, your auto accident attorney will recommend you file a personal injury lawsuit. This is the last legal resort, but one that you must take sometimes.

However, you need not worry. If your attorney recommends you to file a lawsuit, then they are confident that they can win it for you. Our attorneys do not take this decision lightly, as we always put our clients’ best interests first.

The Best Course of Action: Hire an Attorney before Filing Your Car Accident Claim

A lot of time, money, and frustration can be avoided if you do not wait until an insurance company denies your car accident claim. You should contact an injury attorney in Las Vegas, Nevada as soon as possible after your accident.

The lawyer will start the investigation while the evidence is still fresh and easy to obtain and will prepare a claim which will not be denied. Most insurance companies will automatically deny a claim prepared by an accident victim who has not retained legal representation. When they see the name of a law firm representing you, they know that denial will only make matters more complicated and more expensive for their firm.

Hire an Auto Accident Law Firm With Proven Results!

At Nettles Morris, you will find a team of experienced injury attorneys in Las Vegas, Nevada who have won many cases similar to yours. We know how to negotiate with insurance companies and determine them to accept a fair settlement amount.

We also know that you are already struggling with your finances, so we do not charge any upfront fees. Our attorneys work on a contingency fee basis – we will collect our fees out of the settlement amount we win for you.

Contact us as soon as possible after your accident to schedule a free case review by calling 702-410-6239!

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