On top of the typical challenges you’d expect after an auto accident, like injuries, medical bills, repairs, and time away from work, you might encounter another frustrating hurdle: fighting with the insurance company. After all, these are profit-driven businesses, and the less they pay out in claims, the more profits they make.
Whether it’s a dispute with your own insurer or the other driver’s, it’s best to leave fighting with the insurance company to an experienced Las Vegas car accident lawyer. However, by understanding how to navigate disagreements, you’ll be in a better position to secure the full and fair compensation you deserve.
Common Insurance Disputes after Auto Accidents
Unfortunately, disagreements with insurance companies following a car accident are very common, especially here in Las Vegas, where the high volume of local and tourist traffic can complicate issues.
If you’re having problems with an insurance company after a car accident, here are some common scenarios you might encounter, why disputes happen, and strategies that can strengthen your claim, improving your chances of a fair and full settlement.
Fault & Liability Disputes
One of the most common disputes with insurance companies arises over who is at fault for the accident. Nevada follows a modified comparative negligence rule, meaning your compensation may be reduced by your percentage of fault—if any.
So, if the insurance company’s assessment differs from yours or the police report, it can impact who’s financially responsible for damages. This can lead to disputes because if the insurance company believes you caused the accident, they may deny your claim or offer less to cover repairs and other damages.
Claim Value Disagreements
Another major source of disagreement after car accidents is related to the extent or cost of the claimed damages or losses, including medical expenses, vehicle repairs, and other losses. They might argue that some medical treatments were unnecessary or that the repair costs are inflated.
Lost wages can also become a battleground if the insurance company only covers a portion of what you lost or denies coverage entirely. Strong documentation like receipts, estimates, and medical records is crucial for navigating these disputes.
Policy Coverage & Denials
Sometimes, insurance companies deny coverage based on alleged policy violations, such as failing to report the accident promptly or claiming that the accident is not covered under the policy. Disagreements could also involve certain coverages that you believe are included, such as rental cars, towing services, or what injuries are covered, particularly if you have pre-existing conditions.
Why Do Car Accident Insurance Disputes Happen?
Regardless of whether you’re dealing with your own insurance company after a collision or the at-fault driver’s carrier, insurance companies are focused on their profits. Not your physical health or financial stability.
Here are the common reasons why car insurance claims turn into disagreements.
Minimize Payouts
Insurance companies are businesses, and one way to maintain their profitability is by minimizing payouts. They employ adjusters and attorneys who scrutinize claims to find reasons to reduce or deny compensation.
Ambiguous Policy Language
Often, the language in an insurance policy can be ambiguous or open to interpretation, leading to disputes over coverage details.
Inadequate Evidence & Documentation
A lack of sufficient evidence proving fault, injuries, or damages can lead to disputes. Insurers may also challenge the integrity or completeness of the provided evidence.
How to Bolster Your Claim & End Insurance Disputes
Following a car accident, navigating an insurance dispute can be daunting. There will be pushy claims adjusters, and low-ball settlement offers to deal with. But here are practical steps you can take to strengthen your claim after a car accident and recover maximum compensation:
1. Document Everything
Start gathering evidence and documentation regarding your accident as soon as possible. This includes photos of the accident scene from various angles, vehicle damage, and visible injuries. Collect police reports and witness statements (get contact information if possible), and keep copies for your records.
2. Prioritize Your Medical Care
Seek a thorough medical evaluation right away. Insurance companies treat delays in getting care as a sign that your injuries are not severe. Document all injuries through detailed medical records, including doctor’s notes, photos, prescriptions, and recommended treatments.
3. Maintain a Paper Trail
Keep meticulous records of all communication with your insurance company. Note the date, time, and the name of the representative you spoke with. Briefly summarize the conversation and any agreements reached. Additionally, collect and keep all receipts and bills related to the accident, including car repairs, medical expenses, and other accident-related costs.
4. Consider Expert Opinions
Consider consulting an accident reconstruction specialist or independent medical experts in complex cases. Their professional opinions can strengthen your claim by providing insight into the accident mechanics and the direct link between your injuries and the accident.
5. Consult an Experienced Attorney
Work with a skilled personal injury attorney with prior success dealing with Nevada insurance companies. Their insight and experience can be invaluable as you build a strong case. An attorney can help compile your documentation, represent you in negotiations, navigate legal complexities, and, if necessary, fight for you in court.
How to Resolver an Insurance Dispute
Dealing with insurance companies after a car accident isn’t always straightforward. If you’re stuck, here are a few options to consider:
Arbitration
In some situations, you and the insurance company may agree to arbitration. Arbitration can offer a faster and potentially less expensive solution when disputes arise because a neutral arbitrator will hear arguments and issue a binding decision.
However, there are no guarantees, and by agreeing to arbitration, you may give up the right to appeal the decision.
Appeal the Denial
If your insurance company denies your claim, you may have the right to appeal the decision. This process typically involves submitting additional documentation or evidence to an internal review board within the insurance company.
Consider Litigation
In rare cases, an attorney might explore the possibility of a bad faith insurance claim, where the insurer acted unreasonably in denying your claim. However, litigation might be your next step if negotiations fail, arbitration isn’t suitable, or your appeal is unsuccessful.
This process can be lengthy, so careful consideration with your attorney is crucial before proceeding.
Leave Insurance Disputes to Us
Car accidents are stressful, and dealing with insurance companies afterward shouldn’t add to your burden. That’s why it’s best to have an experienced car accident lawyer take over all negotiations with insurance companies, ensuring you never have to fight them alone.
If you have questions or need guidance, don’t hesitate to seek professional help. At Oronoz & Ericsson Injury Lawyers, LLC, we will gather the necessary evidence to support your case, negotiate with all the insurance companies, and ensure your claim is indisputable. Our Las Vegas injury lawyers have years of trial experience and have helped thousands like you recover what they deserve.
Call today to schedule your free consultation at (702) 878-2889.