Insurers may try to deny an injury claim for several reasons, including policy exclusions, liability disputes, or allegations of a lack of evidence. Often, adjusters will try to pressure you into settling for an amount that does not even cover your damages. Do not fall victim to these tactics. If you have been injured in Louisiana, keep reading to learn more about the common ways insurers try to deny an injury claim.
Citing exclusions is one of the most common strategies insurers use to deny a personal injury claim. This section of a policy document includes a list of uncovered events and damages an insurance company uses to avoid getting caught in high-risk or unpredictable situations. For example, attributing a claimant’s accident injuries to an exclusion, such as a pre-existing medical condition, allows insurers to minimize the damages sustained and, therefore, the company’s payout.
Lack of evidence is another approach insurance companies frequently use to dismiss a claim. Insurers may challenge medical records or the validity of witness testimonies that support a claimant’s case and holds the insurer liable for compensation. Adjusters could also try to pressure injured individuals into making a recorded statement in an attempt to find discrepancies in their testimony.
It is important to remember that insurers are on the lookout for anything they can use against a claimant, so document everything, including your injuries, vehicle damage, and accident details that will help validate your claim.
Disputing liability by arguing that the claimant was completely responsible for an accident is another ploy individuals may be exposed to when filing a claim with an insurer. Our state operates under a pure comparative fault system as outlined in Louisiana Civil Code Article 2323. This legal guideline states that injured individuals are entitled to recover damages even if partially responsible for an accident, based on their percentage of liability.
An insurance carrier also has an arsenal of delay tactics it can enlist to completely deny a claim. The adjuster may try to bury claimants in excessive paperwork or even intentionally misinterpret their policy’s wording to deny coverage. Even lowballing compensation offers is an attempt to delay a settlement.
If your insurance company denied your claim or you suspect the adjuster used unfair tactics, consult with a personal injury attorney from Kopfler and Hermann right away. Do not back down. If necessary, we will file suit on your behalf. Contact us today to learn more about the common ways insurers try to deny an injury claim and what you can do about it.
