How to Handle a Denied Car Accident Claim in Missouri

Why Was Your Car Accident Claim Denied?

Before taking action, it’s essential to understand why your claim was denied. Insurance companies may deny claims for several reasons, including:

• Disputed Liability
  • The insurance company may argue that their policyholder was not at fault for the accident or that you were partially or fully responsible.
  • Missouri follows a comparative fault rule, meaning compensation can be reduced based on your percentage of fault.
• Lack of Evidence
  • More documentation, such as missing police reports, photos, or medical records, can lead to claim denials.
• Policy Coverage Issues
  • The at-fault driver’s insurance may not cover the damages.
  • Their policy may have lapsed due to non-payment or may not include certain types of coverage (e.g., uninsured/underinsured motorist coverage).
• Delayed Filing
  • Failing to report the accident or file a claim promptly could result in denial.
  • Missouri law requires prompt reporting of accidents to insurance companies.
• Pre-Existing Conditions
  • The insurer may argue that your injuries existed before the accident and are unrelated to the crash.
• Claim Errors or Misrepresentation
  • Simple paperwork mistakes, missing information, or inconsistencies in your statements can cause a denial.

Steps to Take After Your Car Accident Claim Is Denied

If your claim is denied, don’t panic. Follow these steps to challenge the decision effectively:

Carefully Review the Denial Letter

The insurance company is required to provide a written explanation for denying your claim. Carefully review:

• The stated reasons for the denial.
• The section of the policy or law they cite to justify their decision.
• Any deadlines for appealing the decision.

File an Appeal with the Insurance Company

Most insurance companies offer an appeal process for denied claims. Follow these steps:

• Submit a written appeal explaining why you believe the denial was incorrect.
• Include all relevant evidence to support your claim, such as updated medical records or new witness statements.
• Meet all appeal deadlines to avoid forfeiting your right to challenge the denial.

Consider Mediation or Arbitration

If negotiations stall, consider alternative dispute resolution methods:

• Mediation: A neutral third party helps facilitate negotiations between you and the insurer.
• Arbitration: A neutral arbitrator reviews the evidence and makes a binding decision on the claim.

These options are less formal and typically faster than a lawsuit.

File a Lawsuit if Necessary

If the insurance company refuses to reconsider your claim, you may need to file a lawsuit. In Missouri, you must file a personal injury lawsuit five years from the accident date (Missouri Revised Statute § 516.120).

Why You Need a Lawyer for a Lawsuit:

A personal injury attorney can:

• Evaluate your case and determine its strength.
• Handle negotiations with the insurance company.
• Represent you in court and present compelling evidence.

Preventing Claim Denials: What to Do Immediately After an Accident

To avoid unnecessary denials, take these steps immediately after an accident:

• Report the Accident: Notify the police and file a report.
• Seek Medical Attention: Even if injuries seem minor, get checked out to document your condition.
• Take Photos and Collect Information: Document vehicle damage, the accident scene, and all parties involved.
• Notify Your Insurance Company: Report the accident promptly, but avoid admitting fault.
• Keep Records: Save medical bills, repair estimates, and other documents.

Key Takeaway: You Can Fight a Denied Claim

A denied car accident claim in Missouri does not mean you’re out of options. By understanding the reasons for the denial, gathering strong evidence, and seeking legal assistance, you can challenge the insurance company’s decision and pursue the compensation you deserve.

Contact The Hoffmann Law Firm Today

At The Hoffmann Law Firm, L.L.C., we understand how overwhelming dealing with a denied car accident claim can be. With over 25 years of experience, we’re here to help you fight back and secure the compensation you need.