Law

Denied Motorcycle Accident Claim in Alpharetta: Why Working with an Experienced Attorney is Crucial. 

People who sustained injuries in a motorcycle accident usually try to seek financial compensation from the insurance company of the at-fault party on their own. Although this may seem enough, a lot of claims are denied. If you are in this situation, you need to consult with a skilled motorcycle accident attorney in Alpharetta to know your legal options. You would have avoided a denial if you hired an attorney from the get-go. But still, an attorney from Ponton Law can help fight the denial. 

Reasons Insurers Deny Claims

Insurance providers are businesses that want to collect premiums and protect their bottom line. Thus, when you file a claim, they assign an adjuster to it. The adjuster is employed by the company whose job is to devalue or even deny claims. Even if an insurer pays your claim, they will keep it low. Below are common reasons motorcycle claims are denied:

  • The claim is beyond the policy’s limits. Liability insurance policies in Alpharetta have a limit, which refers to the highest amount of compensation that an insurer can give every person, per accident. If your claim is beyond the limit, the insurer will deny it.
  • Liability is questioned. If the insurer thinks you share responsibility or are fully responsible for the crash, they may deny your claim. The same can happen if you or the policyholder violated state law like driving without a driver’s license.
  • You suffer from a pre-existing condition. The insurer may deny your claim if they think your pre-existing condition, not the accident injury you claimed, caused your symptoms.
  • You failed to seek immediate medical attention. If you did not see a doctor after the crash, the insurance company may argue that you are not as seriously injured as you claimed and deny your claim. 

Read also: How Business and Immigration Lawyers Collaborate for EB-5 Visa Applicant

How Your Attorney Can Help 

Although insurers have a valid reason to deny claims, some of them do so for the wrong reason. Also, some of them may not offer enough reasons for the denial. If an insurer denies your legitimate claim, speak with a lawyer as soon as possible. Here’s what the lawyer will do once they take on your case:

  • Investigate the claim. Your attorney will get and review the police report, the details of the insurance policy, the claim denial and the insurer’s reasoning, your claim against the insurance company of the at-fault party, and other pieces of information that the insurance company should have taken into account before they deny your claim. Also, your attorney will determine the correctness of the denied claim. 
  • Appeal the decision. When appealing the denial, you need to submit evidence that shows the reason the decision was erroneous. A reliable lawyer can collect the needed documentation to prove the viability of your claim and give you legal representation during the appeals process. 
  • File a lawsuit. To seek compensation after a denial from the insurer, you can sue the at-fault driver in a civil court. But you must do so within the statute of limitations, which is the deadline for when you can file a lawsuit. You have two years from the date you sustained the injuries in question to bring a lawsuit. But because exceptions may apply, you must speak with your lawyer to know the amount of time you still have to sue. 
  • Communicate with the insurer. Your attorney can handle talks with the insurer throughout the appeals process or during negotiations once you have filed a lawsuit. During such talks, your attorney will focus on protecting the value of your claim from tactics that the insurer may employ to avoid huge payouts. Such tactics include pressuring or convincing you to admit liability for the crash or accept a lowball settlement offer. 

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