After a car accident, victims often expect their insurance company or the at-fault driver’s insurer to cover their medical expenses, vehicle repairs, and other damages. However, insurance companies are in the business of making a profit, and they often use various tactics to deny or minimize claims.
If you’re facing resistance from an insurance provider, it’s essential to understand their strategies and know how to protect your rights. Below, we explore common ways insurance companies try to deny car accident claims and what you can do to fight back.
Claiming the Policy Does Not Cover the Accident
One of the most common ways insurance companies deny claims is by stating that the policy does not cover the specific accident. Insurers may argue that:
- The policyholder did not have sufficient coverage for the type of accident.
- The claim was filed too late, violating policy deadlines.
- The policy was inactive or lapsed due to non-payment.
To counter this tactic, always review your policy carefully, ensure your premiums are up to date, and file your claim as soon as possible after the accident.
Arguing That You Were at Fault
Insurance companies often try to reduce their liability by shifting blame onto the claimant. Utah follows a modified comparative fault system, meaning you can only recover damages if you are less than 50% at fault for the accident. If an insurer can argue that you were primarily responsible, they may deny your claim entirely.
Insurers may claim you were at fault by:
- Alleging you were speeding, distracted, or violating traffic laws.
- Using witness statements or police reports to suggest you contributed to the crash.
- Citing traffic camera footage or accident reconstructions that may not tell the full story.
Having strong evidence, such as photographs, medical records, and witness testimonies, can help dispute these claims.
Downplaying Your Injuries
Insurance companies frequently argue that accident victims are not as injured as they claim to reduce payouts. Adjusters may:
- Claim that pre-existing conditions were responsible for your injuries.
- Suggest that delayed medical treatment means your injuries were not serious.
- Use independent medical examinations with biased doctors to downplay your injuries.
To protect yourself, always seek medical attention immediately after an accident and follow all recommended treatments to establish a clear medical record.
Arguing That Medical Treatment Was Unnecessary or Excessive
Even when an insurer acknowledges your injuries, they may argue that certain treatments were not necessary or that medical costs were too high. They may refuse to cover:
- Extended hospital stays
- Physical therapy or rehabilitation
- Specialist visits or surgeries
A strong medical record and expert testimony from doctors can help counter these denials.
Using Recorded Statements Against You
Insurance adjusters often request a recorded statement after an accident, claiming it’s just a routine part of the process. However, anything you say can be used against you to reduce or deny your claim. They may:
- Take statements out of context to suggest you admitted fault.
- Twist your words to make it seem like your injuries aren’t severe.
- Use inconsistencies in your statement to question your credibility.
To avoid this trap, never provide a recorded statement without consulting an attorney.
Offering a Lowball Settlement
If an insurer knows they cannot outright deny a claim, they may offer a quick, low settlement before you understand the full extent of your injuries and losses. These offers are often:
- Much lower than the actual cost of your medical treatment and damages.
- Presented as a “take it or leave it” offer, pressuring victims into acceptance.
- Final settlements, meaning you cannot seek further compensation if injuries worsen.
Never accept an insurance settlement without consulting a Utah car accident lawyer to ensure you receive fair compensation.
Disputing Lost Wages Claims
If your injuries prevent you from working, you may seek compensation for lost wages. However, insurers may argue that:
- You could have returned to work sooner.
- Your income loss was not directly related to the accident.
- You lacked sufficient documentation, such as pay stubs, tax returns, or employer verification.
Keeping thorough employment records and getting a doctor’s note detailing your work restrictions can help support your claim.
Delaying the Claims Process
Some insurance companies intentionally delay processing claims in hopes that victims will give up or accept a lower payout. Tactics include:
- Repeatedly requesting additional documents they don’t truly need.
- Ignoring emails or phone calls, making it difficult to get updates.
- Taking months to investigate the claim without a valid reason.
Under Utah law, insurers are required to act in good faith and process claims in a reasonable time. If they delay without cause, a lawyer can step in and demand action.
Misrepresenting Policy Terms
Insurance companies sometimes mislead claimants about their policy coverage or wrongfully interpret exclusions to justify a denial. They may:
- Claim that certain damages are not covered, even when they are.
- Suggest you must use their preferred repair shops or medical providers when you are free to choose.
- Deny claims based on technicalities that do not hold up legally.
Always request a written explanation for claim denials and review your policy with an attorney to challenge unfair interpretations.
Fighting Back Against Insurance Denials
If your car accident claim has been denied or undervalued, you have legal options to fight back. A skilled attorney can:
- Negotiate aggressively with insurance adjusters to seek a fair settlement.
- Gather and present evidence to dispute false claims about fault or injuries.
- Take legal action if the insurer engages in bad faith practices, such as wrongful denials or unreasonable delays.
Contact Flickinger Boulton Robson Weeks for Help
Dealing with an insurance company after a car accident can be frustrating and overwhelming, especially when they try to deny or minimize your claim. At Flickinger Boulton Robson Weeks, our experienced Utah car accident lawyers know the tactics insurers use and how to fight back to secure the compensation you deserve.
If your claim has been wrongfully denied, delayed, or undervalued, don’t wait; contact us today at (801) 500-4000 for a free consultation, and let us help you protect your rights.
