- June 12, 2022
- Car Accidents
- Personal Injury Law
Why Do Car Accident Claims Fail to Settle?
Don’t Fight Insurance Claims Alone
It can be pretty harrowing to be injured in a car accident. Not only is it incredibly painful, but it can also be terrifying and confusing. After all your pain and suffering, the last thing you want to hear is that the insurance company doesn’t want to settle your accident claim. This can leave you feeling even more lost, helpless, and angry. You might not know what to do or where to turn, and the thought of a lengthy court battle can be daunting.
If you are struggling to reach a settlement with an insurance company, it may be time to consult with an experienced trial attorney. Your first question should be: Why does my insurance company not want to settle?
Why Would an Insurance Company Not Want to Settle?
With the Right Legal Representation, You Stand a Better Chance of Getting the Compensation You Deserve.
After you’ve been in an accident, you may be ready to put the whole ordeal behind you and move on with your life. Unfortunately, if you’re dealing with an insurance company, settling your claim may not be as straightforward as you’d like.
Car accident victims who have been injured due to someone else’s negligence are often entitled to receive monetary compensation from an insurance company. Most car accident cases settle outside of the courtroom. Sometimes this is because of the time and expense involved in bringing a case to trial or because it was clear who was at fault for the accident. But what happens when the insurance company of the person who injured you refuses to settle your claim? Why would an insurance company fail to settle?
If an insurance company is reluctant to pay out the full amount of damages or just flat out refuses to pay anything, the following examples are some reasons why an insurance company may not settle a claim.
- The claimant is not injured. In many cases, car accident insurance claims fail to settle because the insurance company believes that the claimant is not actually injured, or that the injury is not as severe as claimed. If a person in an automobile accident doesn’t see a doctor or chiropractor immediately after the accident, the insurance adjuster may believe that the injury wasn’t that severe and therefore will offer a low amount to settle the claim — or offer nothing at all. Lack of doctor’s visits or gaps in treatment can lead an adjuster to believe that a claimant in an accident is not hurt as badly as they claim.
- The other driver’s insurance company is contesting liability. Car accident insurance claims can fail to settle if there is a disagreement over who was at fault for the accident. In addition, North Carolina is a state that follows what’s known as Pure Contributory Negligence and applies this limitation of damages to cases where the claimant may have contributed to the accident. If a claimant is found to be even 1% responsible for the accident, their claim for compensation may be denied.
- The settlement offer is inadequate. It’s typical for the initial offer by an insurance company to be below what you are asking. This is done in an effort to limit payouts on claims. This basic negotiation tactic of ‘start low to stay low’ is common, but if they refuse to negotiate up from their low offer, or they drag their feet on the claim altogether, negotiations can break down. The reason for this stalemate could be due to the adjuster’s attitude or because they don’t believe you will hire an attorney or file a lawsuit.
- Lack of evidence or information. An insurance company may arrive at this decision after performing an investigation of the accident; however, these investigations are not perfect and can often overlook important details. Moreover, if the accident happened on private property, there may not be a police report assigning fault or statements from witnesses. Since many investigations are conducted solely by the insurance companies, they can be one-sided in favor of the insurance company.
If an insurance company denies a claim or fails to come up with a reasonable settlement offer, the accident victim is left with the decision of how to proceed with their claim. Although there are situations where claim denial or an extremely low offer may be justified, there are other instances where insurance companies use this tactic so that the claimant will feel frustrated or hopeless and just give up.
Oftentimes, the filing of a lawsuit resumes the negotiation process, since both sides are now obligated to spend time and money to prepare for a trial. Sometimes, filing a complaint is all that is required in order to get a claim adjuster or an insurance company to take the claim seriously.
We know how frustrating it can be to deal with insurance companies. Protect yourself and get the full compensation you deserve by talking with our team of Asheville accident lawyers at 828-333-5996. Call today or fill out our online form.
Do I Need a Lawyer to Settle With the Insurance Company?
We Help Clients Get Fair Settlements for Car Accidents in North Carolina
After being injured in an accident, chances are you’re feeling overwhelmed and stressed. You may be wondering whether or not you need an attorney to help you with your car accident and eventually settle your claim with the other driver’s insurance company.
While it is possible to deal with insurance companies on your own, there are several reasons why you may benefit from having legal representation.
- An attorney can help to ensure that you receive fair compensation for your injuries and damage to your property.
- They can also deal with the paperwork and the red tape associated with filing a claim, freeing up your time to focus on recovery.
- In addition, an attorney can provide valuable guidance and support throughout the claims process.
- A skilled trial lawyer can file a lawsuit on your behalf and represent you in court if your claim fails to settle.
While most victims of an accident may be concerned about why an insurance company won’t settle a car accident claim, there are some who wonder why would an insurance company settle instead of taking a case to court? When a case goes to trial, the insurer may have to pay out an even larger amount than they would have paid in a settlement.
Attorney Lakota Denton has found that when clients work with him, insurance companies are happy to settle because facing him in court will mean a more costly outcome. With the help of an experienced attorney handling the negotiations, the insurer may offer a more generous settlement than if you had been proceeding on your own.
If an insurance company is making you settle for less than what you deserve, it can be tempting to take the money and just move on. However, it’s important to remember that settling for less than you deserve can have long-lasting financial consequences.
Talk to an Attorney about Why an Insurer May Not Want to Settle Your Claim
Get Professional Legal Representation to Obtain Your Best Outcome.
If you’ve been injured in an accident, you want an experienced car accident attorney to help you with your case, assess the true value of your injuries, and make sure that you receive the highest settlement possible.
Based in Asheville, the team of passionate lawyers at Lakota R. Denton, P.A. help the citizens of North Carolina with their accident cases. Call today at 828-333-5996 for a free consultation and case evaluation. We have years of experience helping accident victims get the results and insurance settlements they deserve.