What To Do If the Other Driver's Insurance Won't Pay out After You Sustain an Injury in an Auto Accident

Posted on: 7 July 2020

Getting injured in an auto accident can be a life-altering experience. If the accident and resulting injury were clearly the other driver's fault, you might be able to pursue damages for not just the repair to your car but also for your pain and suffering. You need to understand though that insurance companies are businesses first and foremost, and they are always looking to reduce outgoing payments in order to maximize their profits. It's not unheard of that the at-fault driver's insurance company could give you the cold shoulder even if you have a decent amount of evidence proving fault. If your claim was recently denied and you are left with medical expenses that an insurance company is refusing to pay, it may be time to look into using the legal system to your advantage. Here are some tips to keep in mind. 

Hire a Personal Injury Attorney

First things first, you need a good personal injury lawyer on your side. Insurance companies sometimes think they can get away with a denial because most individuals will feel that fighting them is too much work. But it's funny how quickly an insurance company's tune can change as soon as a lawyer gets involved. Some insurance companies may be willing to settle simply to remove your case from their books and avoid having to pay their own lawyers to fight a court case. Hiring your own personal injury attorney is the first step towards making things right.

Have Your Attorney Write a Letter of Demands

A letter of demands or demand letter is a tool that you can use to your advantage in this situation. Your attorney will contact the insurance company, summarize the entire case and present any evidence including a police report, medical documentation, eyewitness accounts, and anything else you can use to bolster your argument. This letter will serve as the first point of contact between your attorney and the insurer. Make it clear that you mean business and are willing to pursue legal action, and you may very well succeed in either getting the insurer to take a second look at your claim or in bringing them to the negotiating table to discuss a solution that works for all sides.

Continue Living Your Life But Be Careful While a Negotiation or Lawsuit Is in Progress

Once the insurance company hears you are fighting them over your injury, they may attempt to demonstrate that you are not as injured as you claim. Don't post photos on social media of yourself moving around freely, and you should probably stop going to the local softball game. Keep your head down while your attorney goes to work, and the end result could be in your favor

If you are facing a personal injury case, contact lawyers, such as Siben & Siben LLP, for help.