What to Do if Your Auto Insurance Claim is Denied

Auto insurance companies make money by denying claims. Learn the common reasons for denial so that you can prevent them from denying your claim. You deserve compensation after an accident, so don't let the insurance company take advantage of you.
Auto insurance companies are supposed to help us after accidents, paying for medical bills, car damages, etc. But all too often they deny our legitimate claims for small reasons. Luckily, there are sometimes ways to appeal the denial and you always have the option of hiring a personal injury lawyer to fight your case for you.

Common reasons insurance claims are denied:

1. You bought a new car and didn't tell the insurance company.
2. You made an uninsured motorist claim, but the at-fault driver does have insurance (in which case you should be filing a claim with his insurance, not your own).
3. You have the wrong kind of coverage on your car for the type of claim you presented. For example, if you only have liability coverage (and not collision) the insurance company will not have to pay for damages to your car.
4. You are not a driver listed on the policy.
5. You did not pay your bill on time. If you premium was not paid before the grace period ended, you are not insured any longer. Luckily, the at-fault driver's insurance should still cover damages.
6. The amount of your claim exceeds the policy limits. In this case, the insurance company should still pay up to the policy limit, but sometimes will deny the entire claim (at which point, you might consider hiring an attorney).

In order to contest the denial of your claim, you will need to either 1) hire an attorney, or 2) communicate with the insurance company about why you believe your claim is legitimate. Remember, this will only work if your claim is actually valid. For example, if you did not pay your premium during the grace period, no amount of eloquence will get them to pay your damages - they have no reason to do so since you were no longer paying them.

But in some cases, there are arguments to be made that will help your case. First, gather all relevant records. Second, prove liability (i.e. show the accident was not your fault, but the fault of the other driver). Third, address their reason for denial and explain why you believe they are wrong (but politely).

If your claim is still being denied, and you believe the denial is unreasonable, you have several options again. You can:

1) Ask for an appeal with the Oregon State Insurance Commissioner.
2) File a bad faith claim against the insurance company.
3) File a suit against the responsible driver, either personally or against his insurance company.

We know this can be an extremely frustrating process, and we wish you the best of luck.