bike-accident-claim-denial-next-steps

Our San Diego Bike Accident Lawyer Can Help You Pursue Compensation if the At-Fault Motorist's Insurance Company Denies Your Claim for Compensation 

Bicycle accidents involving a motor vehicle can cause devastating injuries. With mounting medical bills, you need compensation from the at-fault driver to avoid the crushing weight of debt. Unfortunately, sometimes insurance companies reject these claims, even if you share no fault for the accident. If you’re facing a denied claim, you might feel frustrated and confused about how you can move forward.

Fortunately, you have options if your claim is denied. Your first step should be to retain our dedicated San Diego bike accident lawyer at The Law Offices of Mark C. Blane, APC. Attorney Mark Blane has decades of experience fighting for the rights of bicycle accident victims. He will fight on your behalf to seek the damages you’re entitled to under California law.

Reasons Insurance May Deny Your San Diego Bicycle Accident Claim

The insurance company could deny your claim for damages for many reasons. The first thing you must understand is that the company is a business with a goal of making a profit. While they sometimes deny victims' claims for legitimate reasons, they may also be trying to save the company money. They may hope they can get you to stop pursuing your claim if they make the process too frustrating. 

Here are common reasons our legal team sees for insurance claim denials.

Policy Exclusions

An auto insurance policy is a contract that governs when the insurance company is obligated to pay a claim. These policies have confusing legal terms that can be difficult for bike accident victims to understand. Here are common reasons an insurance adjuster may argue your claim is not covered under the insurance policy: 

  • The policy lapsed. This insurance company may claim that the insurance policy is not in effect because the driver failed to pay their insurance premiums.
  • The driver was not an insured party. Another potential reason for denial is that the driver was not listed as an insured party under the contract.
  • The driver misrepresented the incident or their policy information. If the insured made false statements on their insurance application or misrepresentations about the accident, the insurance company could use this as a basis to deny paying you.
  • Policy exclusions apply. Insurance companies might argue that your bike accident falls under a policy exclusion. For example, they could claim that the collision was caused by an "act of God" like a sudden hailstorm or tornado.

Disputes About Your Bicycle Accident's Cause

Another prevalent cause of denial is a dispute over the reason for your bicycle accident. They may argue that you or another party were partially or wholly to blame for the collision, which would mean their insured, according to them, is not liable for your injuries or financial damages.

Preexisting Injuries

A common insurance tactic is to claim your injuries predate the accident and were caused by another incident not covered under the policy. If you signed a medical release, which we do not recommend you do, the insurance adjuster could search your medical records for other prior injuries to support this argument.

Lack of Necessary Medical Care

Insurance companies may also argue that you did not seek the proper medical treatment for your injuries. If you did not obtain prompt medical care after your bicycle accident, or if there are gaps in your medical treatment, the insurance adjuster could argue that your injuries are not very serious. 

Untimely Filing of Your Claim

The negligent driver's insurance policy will have a deadline for notifying the insurance company of the bicycle accident and your claim. If the motorist did not inform the insurance company of the collision within this time limit, or if you delay filing your claim, they might use this as a basis for denying your claim. 

In addition, you must file a lawsuit against the negligent driver within two years of the date of the crash under California Code of Civil Procedure §335.1. If you miss the statute of limitations for suing the negligent driver, the insurance company will file a motion to dismiss your complaint, which the judge will likely grant.

What to Do If the Insurance Company Denies Your San Diego Bicycle Accident Claim

If the insurance company denies your claim, you must remember that just because they give a reason for denying your claim does not mean their reason is valid. This is true even if they base their denial on a policy exclusion or claim the at-fault motorist was not covered under the insurance policy. Here are important steps our lawyer recommends you take:

  • Read the letter. If the insurance company denies your claim, they should send you a written letter explaining their reasons for not paying your claim. Read the letter carefully to try to understand the basis of their denial.
  • Collect evidence. Collect any evidence that may help refute the insurance company’s arguments, including medical records, a police report, or photos taken at the crash scene.
  • Don't call the insurance adjuster. You may be tempted to call the insurance adjuster to try to convince them the company made an error in denying your claim. This would be a mistake. You likely will not change the insurance company's position, and you might inadvertently say something they can use against you.

Why Retaining a San Diego Bike Accident Lawyer Should Be Your First Step If Your Claim for Compensation Is Denied

Your first step should be to immediately retain our experienced bicycle accident lawyer at the Law Offices of Mark C. Blane, APC, if your bike collision claim is denied. He understands the unfair tactics the insurance company may use to try to avoid paying you the damages to which you may be legally entitled. Our team has developed strategies to defend your rights and fight for the compensation you need. Here are just some of the thinks Mark C. Blane will do to help:

  • Take over communications with the insurance company. Our attorney will take over all communications with the insurance adjuster, so they cannot take advantage of you. This will also help you avoid making mistakes that weaken your case, such as agreeing to give a recorded statement or signing the insurance company's medical release.
  • Review the insurance policy. We will obtain a copy of the negligent driver's auto insurance policy to verify that your accident is covered under the policy and the amount of liability insurance coverage available to pay your claim.
  • Determine your crash's cause. Mark will review the police report, witness statements, and photos or videos of the collision scene to determine the cause of your accident. He will also obtain any traffic camera or nearby business surveillance tapes that may have recorded your accident before they are lost or taped over. If necessary, Mark will hire an accident reconstruction expert or other specialists to prove that the driver caused your bike accident and that the insurance company is liable for compensation.
  • Collect other evidence. We will also collect additional evidence necessary to refute the insurance company's basis for denying your claim. Evidence may include additional expert witnesses, such as a physician and economic expert, your medical records, bills for medical treatments, pay stubs, and other wage loss documents.
  • Send a demand letter. Once our legal team completes an investigation, our bike accident lawyer will send the insurance company a demand letter outlining the collision's cause, your injuries, and the compensation you seek. 
  • Negotiate your settlement. Mark will attempt to resolve the disputes raised by the insurance company and negotiate a settlement that fairly compensates you for your financial losses and emotional distress.
  • Litigate your case. If the insurance company won't treat you fairly, we will file a lawsuit and aggressively litigate your claim. While Mark will continue to try to settle your case, he is not afraid to take your case to trial if this is in your best interests.

Let the experienced legal team at the Law Offices of Mark C. Blane, APC, fight for you.

Mark Blane
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San Diego Personal Injury Lawyer | California Car Accident Attorney