My Car Was Hit And Their Insurance Won’t Pay

my car was hit and their insurance won't pay

My car was hit, and their insurance won’t pay – you will be caught off guard by the recovery process and medical expenditures after any accident, whether a motorbike, truck, or vehicle crash. Everyone hopes to avoid accidents and injuries while going about their daily lives. Worrying about how you will pay for your recovery should not be added to everything else if you were not at fault. If you are involved in an accident that wasn’t your fault, the at-fault driver’s insurance company should pay for your medical costs, car repair charges, and other expenses up to the policy maximum.

my car was hit and their insurance won't pay

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Unfortunately, insurance companies do not always behave ethically. Insurance companies have a history of not paying out on claims involving car and truck accidents, even when the policyholder receives a ticket or is found to be at fault by the authorities. Hire a West Virginia vehicle accident lawyer to represent your interests if you have already attempted to resolve the matter with the negligent party’s insurance company but have been unsuccessful.

Top  Reasons Insurance Companies Deny Claims

Loss of income due to auto insurance claim rejections may be devastating. You can’t imagine the aggravation of having your accident claim rejected. Some of the causes of this are within your sphere of influence, while others are outside it. However, before taking legal action, you need to understand the reasoning behind the insurance company’s claim denial. Your vehicle insurance claim may be rejected for one of these five reasons.

It Seems Like They Hold You Responsible

The other driver’s insurance company will refuse to pay for your losses in an automobile accident if they think you were at fault. Using liability insurance, insurance firms will only pay out in cases where the policyholder is at fault. For example, the motorist’s insurance coverage would not compensate a pedestrian injured by a vehicle if it is shown that the pedestrian darted out into traffic without looking. However, the insurance company may unfairly blame you for a vehicle accident since guilt isn’t always clear-cut.

The Other Driver Didn’t Pay Their Insurance Premiums

The other driver’s insurance will be null and void if they do not pay their premium for that month. They will not be insured during an accident within that time. Furthermore, without insurance, the other driver’s money will have to be used for settlement. If their insurance premiums were too high that month, they could be out hundreds of thousands of dollars in medical bills, lost income, and other damages.

There’s Not Enough Coverage to Go Around

The other motorist may have some insurance, but it could not be enough to pay for all of your losses. For instance, if the negligent motorist t-boned your car, causing you to be hospitalized and your vehicle to be wrecked, but their insurance maximum was just $25,000, your reimbursement may be severely restricted.

You Didn’t Report the Wreck in Time

IInjured parties should never delay in reporting an accident. Any time you file a claim with an insurance company, they might later dispute it or argue they didn’t have enough time to investigate. You must promptly contact the authorities in case of any injuries or property damage sustained in a vehicle collision. An objective description of the crash and any citations issued to the motorist at fault may be found in a police report, which might be very helpful in your case.

The Denial is in Bad Faith

Automobile insurers may sometimes willfully reject legitimate claims without providing any explanation. They can be in hot water with the law if they refuse to pay out on your claim for unethical or non-existent reasons. However, they may attempt to take advantage of you if you are unaware of your consumer rights. Keep them from feeling satisfied.

How to Get an Insurance Company to Pay a Claim

You may try to resolve the matter with your vehicle insurance company, sue the other motorist, or take a hybrid strategy if the at-fault driver’s insurer refuses to pay your claim.

Get Your Insurance Company to Pay for the Repairs

Even if the opposing motorist does not have insurance, most plans will still pay for accident damage. You can have the damages covered by your insurance policy, provided that your coverage includes this benefit. If the other motorist was at fault, your monthly rate won’t increase if you use your collision coverage.

Also Read: Painters Insurance: Everything You Need To Know

If this were to happen, your insurance company would pay for the claim itself, and then they would seek compensation from the other driver’s insurance company for the damages. Bypassing the other driver’s insurance company saves you time and ensures a speedier vehicle repair or replacement.

However, your vehicle insurance deductible will still need to be paid, so that’s the one drawback of this choice. Most insurance has deductibles between $250 and $1,000, while others have zero or a “vanishing deductible” that decreases to zero over time. The maximum deductible on specific insurance is $2,000.

Paying the deductible could seem harsh when you’re not at fault in an accident. However, it’s usually the best option for modest claims when no injuries were sustained. You should include the time and money spent pursuing a claim in court in addition to the deductible.

Sue the Violating Driver

You have no choice but to sue when the negligent motorist’s insurance company refuses to pay your claim, and going through your own insurance company isn’t an option either. Instead of suing the insurance company directly, you might take legal action against the motorist to put their insurance company in a negotiating position.

When suing for damages to your property, you may claim all of your expenses and losses. Towing fees, the cost of repairs or replacement, and a fair rental car rate for the time your vehicle is not in service are all part of this. Yeah, you read that correctly. The other driver’s insurance will cover the rental vehicle costs, not you.

In Arizona, a Small Claims lawsuit may be filed if the overall damages do not exceed $3,500. Small Claims court does not require you to have an attorney present, although you are free to do so if you so want. For whatever reason, the process in Small Claims court is far less complicated and takes far less time. The Superior Court of Arizona is the proper venue for civil lawsuits where the amount in controversy exceeds $3,500.

The legal term for a lawsuit involving injuries or deaths sustained in a car accident is a personal injury suit. This is a crucial difference since plaintiffs in individual injury cases are often eligible for more extensive damages. You may seek non-economic damages for pain and suffering and compensation for economic losses (medical costs, lost income, etc.) when appropriate.

 The Hybrid Approach

If the thought of a hefty deductible makes you gag, but you don’t want to go to court, this may be an option to explore. After submitting the claim with your insurance company and paying the deductible, you may seek reimbursement from the at-fault motorist in Arizona Small Claims Court.

You can’t sue the other motorist to recoup the deductible, but you may sue them for the expenses their insurance paid for—double damage is not an option. If the sum is not too large, the at-fault motorist could settle it alone, bypassing their insurance provider.

When Will Insurance Not Pay Out?

Insurance firms will use all means to delay or reject claims. Claims are often denied when the defendant refuses responsibility. The insurance company will not be held responsible for any damages incurred if the insured motorist is not at fault. Evidence of fault, such as a police report, testimonies from witnesses, a statement from the collision shop, and maybe even an expert opinion, will be first required by the insurance company.

It is possible that the insurance company would reject the claim after reviewing the collected evidence and concluding that the insured motorist was not at fault.

Although taking all necessary precautions to prevent a rejection based on guilt is preferable, insurance companies often reject claims even when they are manifestly at fault. They may be counting on you to give up and take a lowball settlement offer or go via your insurance company if you don’t have legal representation.

Having a seasoned lawyer on your side is crucial if you want to succeed in your endeavor. To prevent the insurer from delaying or rejecting a claim because of missing paperwork, a competent attorney will know what kinds of proof are necessary to establish blame.

To get the insurance company to settle pretty, your lawyer may sue a driver if they don’t seem inclined.

You should know that just because you file a lawsuit doesn’t imply your accident case has to end up in court. You generally won’t have to wait for a judge or jury to award damages since most cases achieve a private settlement outside of court after all the evidence is collected and examined.


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