If you get injured in a car crash, you expect your insurance company or the at-fault driver’s insurer to step up and cover your expenses. Unfortunately, insurance companies do not stay profitable by automatically paying every claim that crosses their desks.
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Some insurance companies may dispute or deny your car accident claim for several reasons. When this happens, you need to seek legal counsel from a licensed Charleston car accident attorney.
At Roden Law, our knowledgeable Charleston car accident attorneys can help you pursue the compensation you need to recover after a car crash. If we determine that you have a valid case and you select our firm to represent you, we can negotiate with the insurance company on your behalf. Contact our trusted law firm to discuss your legal options in a free consultation with one of our highly qualified attorneys.
Schedule your free case review today: 1-844-RESULTS.
Top Reasons Why Claims May Get Unfairly Denied
Insurance companies scrutinize every car accident claim that comes their way.
Even when you believe your case is straightforward, insurers have numerous tactics to justify denial. Below are common reasons for claim denials. Knowing the reasons can help you avoid potential pitfalls.
Disputes About Fault and Liability
South Carolina follows “comparative negligence” rules, meaning your compensation decrease is based on your percentage of fault. You may receive nothing if they can prove you were 51 percent or more responsible.
Insurance companies frequently challenge who was responsible for the accident by:
- Claiming you were partially or fully at fault
- Arguing that a third party caused the accident
- Disputing police report findings
- Questioning witness credibility
- Using unclear traffic laws to shift blame
The Pre-existing Condition Defense
Insurance companies may say that your conditions are related to pre-existing conditions that you had before the accident. They may argue that your injuries are not related to the accident. This tactic is particularly effective because many injuries, especially neck and back problems, can have symptoms similar to pre-existing conditions.
Common denial tactics that may involve your pre-existing medical history are:
- Claiming your injuries existed before the accident
- Attributing your pain to age-related degeneration rather than the crash
- Suggesting your current treatment relates to previous injuries
- Requesting extensive past medical records to find any similar complaints
- Arguing that you failed to disclose relevant medical history
Minimizing Your Injury Severity
Some insurance companies may hire medical professionals to review your records without examining you personally, allowing them to dispute your doctor’s observations.
Insurance companies routinely downplay how serious your injuries are by:
- Questioning why you did not seek immediate medical attention
- Suggesting your treatment was excessive for your injuries
- Claiming specific treatments were not medically necessary
- Using their medical examiners who typically minimize injuries
- Arguing that your pain and suffering claims are exaggerated
Inconsistencies in Your Statements
Insurance adjusters are trained to look for inconsistencies, often asking the same questions in different ways to catch you in a contradiction. Any of the following discrepancies of the accident can lead to denial:
- Contradictions between your initial report and later statements
- Differences between what you tell doctors versus what you tell insurance adjusters
- Inconsistencies between your account and the police report
- Social media posts that contradict your claimed injuries
- Surveillance evidence that does not match your disability claims
Sneaky Insurance Company Tactics to Watch For
Insurance companies have refined their claims-handling strategies over decades, developing sophisticated methods to minimize payouts. After a Charleston car accident, be alert for these deceptive tactics that could significantly impact your compensation.
- Quick Settlement Trap: Insurance companies may offer you a settlement within days or hours after your car accident without you knowing the extent of your injuries.
- Recorded Statements: Insurance companies may try to minimize your claim by recording and asking you misleading questions about fault or injuries.
- Delays to Wear You Down: Insurers may stretch out the claims process, hoping you will become desperate enough to accept lowball offers due to mounting medical bills or missing work.
- Surveillance and Social Media Monitoring: Insurers may hire private investigators to document you engaging in physical activities to prove that you are exaggerating your limitations.
- Medical Record Manipulation: Insurers may request excessive medical history to find pre-existing conditions and could take physicians’ notes out of context.
- Misrepresenting Your Coverage Rights: Most adjusters mistakenly tell you that certain damages are not covered because they may think you are unfamiliar with insurance policies and South Carolina law.
South Carolina Insurance Laws That Protect You
South Carolina operates under a fault-based system. This means the insurance of the at-fault driver is primarily responsible for covering damages.
In South Carolina, insurers are required to offer uninsured motorist coverage equal to your liability limits. This protection covers you when a driver hits you without insurance. If you are a hit-and-run victim or an at-fault driver’s insurance company cannot pay your claims, uninsured motorist coverage can cover you.
Bad faith insurance laws protect South Carolina’s accident victims. These laws prevent insurers from denying valid claims without facing consequences. When insurers unreasonably deny or delay claims, they may be liable for the full value of your original claim and the financial harm caused by their delay.
Some examples of bad faith practices include refusing proper investigations, denying claims without reasonable justification and offering settlements far below obvious claim value.
What Evidence Protects Your Right to Compensation
Strong evidence can help victims get the compensation they need to recover after a car accident. Although insurance companies look for opportunities to dispute your claim or minimize your injuries, you can still have a chance at fighting for compensation.
Gathering and preserving the proper evidence can distinguish between fair compensation and a denied claim.
Critical Evidence at the Accident Scene
Evidence that is present immediately after your car accident is vital. The scene changes quickly as vehicles are towed and debris is cleared. Evidence that disappears within hours can prove fault and what happened during the car crash.
Evidence you can document includes:
- Detailed photographs from multiple angles showing all vehicles involved
- Close-up images of damage to all vehicles
- Pictures of skid marks, road conditions and traffic signals
- Photos of visible injuries before treatment
- Weather and lighting conditions at the scene
- Position of vehicles before they are moved
- Video recordings that capture the accident aftermath
Police Report Documentation
Request a copy of your accident report as soon as it is available. Review it carefully for accuracy, as insurance companies use these official documents as significant evidence.
A police report states:
- Officer’s observations about conditions and contributing factors
- Officer’s determination of fault
- Statements from drivers and witnesses
- Citations issued at the scene
- Diagram of the accident
- Noted violations of traffic laws
Witness Statements and Contact Information
Neutral witnesses testify to your account of what happened in a car crash. Be sure to collect witnesses’:
- Names and contact information
- Recorded or written statements while memories are fresh
- Descriptions from their viewpoints
- Confirmation of traffic light status, speeds and driver actions
- Observations about driver behavior before and after the crash
Medical Documentation
Seek medical attention immediately after your accident, even if the injuries seem minor. Delays in treatment allow insurers to claim your injuries were not caused by the crash.
Medical records that create a clear connection between the accident and your injuries:
- Emergency room and hospital records
- Diagnostic imaging (X-rays, MRIs, CT scans)
- Doctor’s notes detailing injuries and causation
- Treatment plans and medication prescriptions
- Physical therapy and rehabilitation records
- Documentation of follow-up appointments
- Specialist consultations and reports
Employment and Financial Impact Evidence
Documentation can show how the accident has impacted your financial stability and future earning potential. Proof of financial losses strengthens your claim for lost wages and earning capacity.
Examples of financial impact evidence may include:
- Pay stubs showing pre-accident earnings
- Documentation of missed workdays
- Letters from employers about time off
- Performance reviews showing career trajectory
- Evidence of promotions or advancement opportunities lost
- Self-employment income records
- Tax returns demonstrating income history
Digital and Electronic Evidence
Video footage and technology-based evidence can be powerful, but they require prompt action to preserve them before they are deleted or overwritten.
Technology often captures evidence from:
- Dashboard camera footage
- Traffic or security camera recordings from nearby businesses
- Cell phone data showing the other driver was distracted
- GPS information documenting speeds and locations
- Event data recorders (black boxes) from vehicles
- Rideshare trip information for Uber or Lyft accidents
- Social media posts by other parties admitting fault
Expert Testimony and Reports
Expert opinions carry significant weight when disputing insurance company claims. Complex cases often benefit from professional analysis that strengthens your potential case.
These various experts can help your case.
- Accident reconstruction specialists who determine how the crash occurred
- Medical experts who connect injuries to the accident
- Economic experts who calculate lifetime financial impacts
- Vocational specialists who assess work limitations
- Life care planners who project future medical needs
Your Personal Documentation
Personal evidence humanizes your claim and demonstrates the accident’s real-world effects on your life. You can document how the car crash has affected you through:
- Daily pain journal documenting your recovery
- Photos showing injury progression and healing
- Notes about limitations in daily activities
- Documented records of conversations with insurance adjusters
- Receipts for accident-related expenses
- Documenting emotional and psychological impacts
Call Roden Law for Help Negotiating with Insurance Companies
If your insurance company engages in any of these tactics it can be frustrating, especially when you need to be focusing on healing from your injuries and rebuilding your life. However, you do not have to manage your claim or the insurance companies alone.
At Roden Law, we understand the tactics that insurance companies may attempt to use to deny or lowball your claim. Our attorneys have spent years countering these strategies and have a proven history of securing fair compensation for our clients. Call us today for a free consultation.
Millions Recovered. Proven Results: 1-844-RESULTS