All Questions

February 24, 2023 | Gary Burger

What if the At-Fault Driver's Insurance Company Denies My Car Accident Claim?

What if the at-fault driver's insurance company denies my car accident claim? In a perfect world, people who cause accidents would take responsibility for their actions, and insurance companies would fulfill their responsibility to compensate you for the damages their policyholders cause. However, too often negligent drivers don't want to be held accountable, and insurance companies deny valid claims. When that happens, you do have options to continue to seek compensation. At Burger Law, our St. Louis car accident lawyers stand up to bullies like resistant insurance companies every day. Call us today at (314) 500-HURT or fill out our online form for a free consultation.

If you were injured by a negligent driver anywhere in Missouri or Illinois, use our free personal injury calculator to see how much your claim is worth.

Why Might the At-Fault Driver's Insurance Company Deny My Car Accident Claim?

There are many reasons why an insurance company might deny a car accident claim. Some common reasons include:

  • They don't believe your claim has merit
  • They're choosing to believe their policyholder's version over yours
  • They're saying an "act of God," such as the weather, caused the accident and that isn't covered
  • They dispute who was at fault for the accident
  • The at-fault driver did not have coverage at the time of the accident
  • The policy limits have been reached and there is not enough coverage to pay for the damages
  • You didn't notify the insurance company in time
  • The vehicle isn't listed under the policy

In some cases, their denial of your claim may be valid, but a lot of times an insurance adjuster is trying to make things difficult for you, hoping you'll drop the claim. In those cases, you'll usually need an experienced car accident attorney to get the full compensation you are owed.

What to Do if the Insurance Company Denies Your Claim

If the at-fault driver's insurance company denies your car accident claim, you should take the following steps:

  • Review the denial letter — Carefully review the denial letter from the insurance company to understand the reasons for the denial. Check for any factual errors or things you know to be untrue.
  • Contact the insurance company — Contact the insurance company and ask for a detailed explanation of why your claim was denied. You can also ask them for any additional information they may need to process your claim.
  • Gather evidence — Collect any additional evidence that you haven't already given them. This can include video footage of the accident from a nearby security camera, or more medical records. Also see if there are any eyewitnesses you can get in touch with to corroborate your version of evidence.
  • Pursue Subrogation With Your Insurance Company — You can go to your own insurance company for your claim. You'll have to pay your deductible, while they cover the rest. In subrogation, your insurance company will negotiate with the at-fault driver's insurance to get repaid for your damages. If your insurance company is successful, you may be able to get your deductible back.
  • File a lawsuit — When a lawsuit is filed in court, it begins the process of the case going to trial. Instead of an insurance adjuster approving or denying your claim, a jury will decide who was at fault in the accident and how much your claim is worth.
  • Hire a car accident lawyer to represent you — Insurance adjusters are experienced with the claims process, and use a lot of tricks to avoid paying claims. An experienced personal injury lawyer will be able to fight back against them. They'll be able to handle all of the above steps, and can file a "vexatious refusal to pay claim" for further damages if they can prove the insurance company is being unreasonable. Often, just knowing that an experienced trial attorney is on the case is enough to get an insurance adjuster to finally be fair.

Missouri and Illinois Car Accident Lawyers | Burger Law

Burger Law's injury trial attorneys have over 80 years of combined experience holding negligent people accountable and getting great results for our clients. We will fight on your behalf for however long it takes to get you the financial recovery you deserve; whether that means a few back-and-forths with an insurance adjuster or taking your claim all the way to a jury verdict. To date, we have secured over $200 million in compensation for our clients. Speak to a car accident lawyer today at (314) 500-HURT or contact us online for a free case review.