NC Traffic Law Blog

You’ve just been injured in an accident, and have a claim with the at-fault driver’s insurance company. However, you should know that insurance companies are motivated to pay you as little as possible, and why they may deny your claim altogether. Knowing the reasons why your claims may be undervalued or denied can help you understand how to help yourself, your personal injury attorney, and your claim. This article will discuss some of the common reasons an insurance company may deny or undervalue your claim.

Contributory Negligence

North Carolina is one of the few states that still holds to the theory of contributory negligence. Contributory negligence is a stringent legal bar to recovery for injury if the injured party is negligent in the cause of their injury. This means that if you are found even 1% negligent in the causation of your injuries, then you cannot recover damages - even if the other party is 99% at-fault! Contributory negligence is the leading cause for an insurance company to deny your claim. If you are in an accident make sure to speak to a personal injury attorney before giving any pre-recorded statements to the insurance company.

Problems With Your Medical Treatment

Another common reason that your claim may be denied or undervalued is the insurance company may say that there are problems with your medical treatment. Being injured in an accident is a major life disruption. While there may be temptation to rush your medical treatment, skip appointments, or even drag out your treatment to try to raise the value of your claim, the timing and type of medical treatment you receive after an accident is under a high level of scrutiny by the insurance companies. If you wait too long to start medical treatment - or have lapses in treatment once you begin - you are giving the insurance company the opportunity to say that your injuries aren’t as serious as you claim. You should seek treatment immediately (or as soon as possible) after your accident, and try not to miss any appointments.

Low Levels of Property Damage in Your Claim

While not as common as the above topics, one reason for denial that comes up fairly often is the property damage to the vehicles involved in your accident. Insurance adjusters will say that since your vehicle did not suffer a significant amount of damage then you must not really be injured. Cars and trucks are made of hard metal and can handle more damage than the human body. It is common for insurance companies to argue that the minor damage to the vehicles is a reason to offer less in light of your injuries.

Your injuries are a serious matter. As your personal injury attorneys, we will fight to make sure that you recover what you deserve!