Greenville Car Accident Lawyer FAQ – What Do I Do If My Compensation Claim Was Denied?

Did you file a compensation claim for your car accident only to have it rejected by the insurance company? Under no circumstances should you give up your claim. As a Greenville car wreck attorney will tell you, many car accident claims are denied at first.

Insurers take advantage of any chance they have to avoid losing money. They will pick on the smallest details and find faults where there are none. This is especially true when the claimant does not work with an experienced Greenville car wreck lawyer.

Just because they rejected your claim it does not mean you are not entitled to compensation. Perhaps you made mistakes in your forms. You may have sought compensation from the wrong party or after the statute of limitations expired. It may also be that the insurer noticed that you work on your own and is trying to get you to drop your claim.

The best way to find out where you stand and develop a strategy is to consult a Greenville car wreck attorney. The latter will review your claim and the insurer’s rejection letter and assess your options. They will advise you on how to approach the insurer’s denial.

If you filed your claim after the three-year deadline, perhaps your case qualifies as an exception. If you claimed compensation from the wrong insurer, you can always file another claim with the right one. It is also possible to sue the party at fault in civil court.

If the insurer rejected your claim, there are several ways to appeal their decision. A Greenville car wreck attorney can help in all cases, and especially when it comes to appealing a rejected claim. We will explain how in the following lines.


How to Appeal a Rejected Claim and How a Greenville Car Wreck Attorney Can Help


1. Find out Why the Insurer Rejected the Claim

The first step in dealing with a claim rejection is discovering the rejection grounds. In theory, insurers have the obligation to explain their reasons in the rejection letter. However, in practice, most of them use confusing terms or provide general, insufficient information.

An auto accident attorney will prompt them to provide detailed explanations and not rest until they obtain them. Sometimes, it is only a matter of filling in some additional details or filing additional paperwork. Other times, the matter is more complex and requires more complicated interventions.

2. Appeal the Rejection with the Insurance Company

Experienced car accident lawyers always find a way to address rejection reasons. Once they do, they appeal the rejection with the insurance company. This usually means that the claim will be reviewed by an insurance adjuster. If they allow the claim, settlement negotiations are usually the next step. If they reject it, further appeal options are available.

3. File a Complaint with the South Carolina Department of Insurance

You can file the complaint online, by mail, or in person. The Department’s representatives will review your case and decide whether the rejection was justified or not. If their verdict is unfavorable or the insurance company refuses to comply with it, there are other options available.

4.  File a Civil Lawsuit

You may sue the insurer for bad faith. You may also sue their client, the party at fault, and seek damages from them directly. However, you should not take this step without consulting an auto accident attorney. The procedures are quite complex. Moreover, you need to make sure the defendant has the means to pay. Otherwise, winning will not get you the compensation you deserve.

5. Seek Compensation from Your Own Insurer

This option is only available if you carry uninsured/underinsured motorist coverage. Most insurers in South Carolina include it in their policies, so, unless you refused it upon signing the insurance policy, you should have it.

The coverage means that, if the party at fault is uninsured or underinsured, your own insurer will cover your losses or the difference from what the insurer of the party at fault covered. Of course, your insurer may initially reject your claim as well. To prevent that, you should work with an experienced Greenville car wreck attorney.

Let an Experienced Greenville Car Wreck Attorney Help You Avoid or Appeal Claim Rejections

Did you have your claim rejected or you would like to be proactive and avoid rejection? We can help. Schedule a free consultation and let our Greenville car wreck attorney review your case. They will explain everything, advise you, and, if you let them, take over all formalities. With them on your side, the insurance company will have no option but accept your claim and pay the compensation you deserve.