In this post, I discuss what to do when the at-fault driver and his or her insurer deny liability after a car accident. This is something that happens way too often. When this happens to you, DO NOT accept their opinion as the final answer. Continue to fight for yourself by talking to a New Mexico car accident lawyer who can assess your situation and give you the unbiased answers that you need.
New Mexico is an at-fault insurance state, which means that the liable driver’s insurance company pays for the bodily harm and motor vehicle damage he or she caused you. However, it is crucial to understand that insurance adjusters exist to assess damages and determine what benefits they should pay to you based on opinion.
As you can likely imagine, the preceding statement shows that there is room for interpretation on behalf of the adjuster for:
- Determining who was at-fault
- Assessing the extent of your losses
- Establishing whether the insurer covers them
Reasons Insurance Companies Deny Liability
One of the most important things to understand when approaching insurance companies is that they are, foremost, a business. Like any other company, it has one primary goal: to turn a profit.
That makes sense in theory, but it does not always mean that they achieve their objectives the right way.
The ideal position for an insurance company is to collect premium payments from customers while paying out the least amount of money on accident injury and property damage claims. If the insurance adjuster sees an opportunity to deny you benefits, accurate or not, he or she will.
Here are seven reasons insurance companies denied your benefits:
- The police report did not conclude that the other driver was at-fault
- Your injuries or motor vehicle damage were preexisting
- The insurance policy held by the other driver was invalid
- You did not file the claim within the required period
- The extent of your losses are not as severe as you portray them
- Your policy does not cover the damage you experienced
- You did not seek immediate medical attention
How to Handle an Insurance Claim Denial
Another consideration to make is that you do not have to accept a denial or subpar benefits payment from the insurance company. Most people believe that the insurance company has the final say on what it will payout to you. This belief is false.
Here are a few ways that you can take back control:
- Talk to a New Mexico car accident lawyer: Insurance companies have lawyers, in-house or on retainer to handle appeals. The most effective way to fight back is by hiring independent counsel of your own, who will protect your rights and work to refute the adjuster’s argument.
- Engage in the formal appeal: If your situation allows for an appeal and if you haven’t filed an appeal yet, then this step is the next step I make after you hire my office to help you. It is your opportunity to obtain a reasonable settlement before going to court. Hiring an attorney will ensure that you make it count.
- File a civil court lawsuit: This is always an option when an insurance company continues to offer a low-ball or inadequate offer. Filing a civil suit may be your best option, if after we have fully investigated your case, we conclude that this choice is best for your case. Once you file a suit, we will conduct the necessary preparation to best present your case to a local judge or jury. Litigation has many twists and turns, and we will be there to advise and lead you every step of the way. As a side note, more than 95% of civil suits end in a settlement.
Contact a Car Accident Lawyer in New Mexico
Your health should be your number one priority and not damaged further by the stress of an insurance appeal or civil court lawsuit. At Grano Law Offices, P.C., I help clients pursue fair compensation for car accident injury claims in New Mexico.
In the past, I have successfully obtained results for my client that include:
- Current and future medical expenses
- Lost wages
- Pain and suffering
- Damages for loved ones who were present when the injury took place
- Out of pocket expenses
- And more, as allowable by law
Conclusion
DO NOT accept the insurance company’s denial of your claim lying down. Stand up and fight for yourself by talking to a New Mexico car accident lawyer who can assess your situation and give you the unbiased answers that you need. Contact Grano Law Offices, P.C. for a free strategy session today by calling (505) 426-8711 or sending me a private message here. I respond to most messages within a few hours, but may take up to the next business day to receive a response from me.
