How To Avoid Getting Your Personal Injury Claim Rejected in SC
In South Carolina, victims who suffer injury due to someone else’s negligence can seek compensation for the injury or illness and damages. This includes auto accidents, slips and falls, dog bites, and defective products. To recover compensation, you must file an insurance claim with the at-fault party’s insurance company. Their insurer will review your case and determine whether to pay or deny your claim. Many insurance companies always look out for their bottom line and may offer a lower settlement than you deserve or outright deny your claim. This is why it is essential to consult an experienced personal injury lawyer to ensure an insurance company does not reject your claim.
Common Reasons for the Rejection
An insurance company may reject a personal injury claim for many reasons, including the following:
- The accident type is not covered in the policy
- The at-fault party’s insurance policy had expired when the accident happened
- There is no direct link between your injury and the accident
- There is insufficient evidence showing that the other party was at fault
- Your losses exceed the personal injury limit; in such a case, the insurer may pay up to the policy limit but not over.
How To Avoid a Claim Rejection
Preventing your claim from getting rejected is better than trying to overcome a claim denial. Giving your claim the best first shot is advisable to avoid rejection. Here are five strategic tips that can help you avoid having your claim rejected:
- Report the Accident Immediately
One way to ensure a successful personal injury claim is to report the accident to the relevant authorities immediately after the accident or injury. If you were injured in a car or truck accident, report the matter to the police. Likewise, if you suffered a slip and fall injury, notify the property owner immediately. Failing to report the injury promptly may raise doubts about the legitimacy of your claim and the severity of your injuries, potentially resulting in your claim getting rejected.
- Seek Medical Treatment Immediately
Seeking immediate medical attention can also help avoid having your claim rejected. If you delay seeking treatment, the insurance company may leverage your delay, claiming that you were not injured in the alleged accident. Ensure you see a doctor as soon as possible, and detail all your injuries and symptoms so that they get recorded. Comprehensive medical documentation can strengthen your case, reducing the likelihood of your claim’s rejection.
- Maintain Detailed Records
Maintain detailed records of what happened and all the expenses you have incurred due to the accident. This includes medical expenses, transportation, accommodation, and lost wages or income. These can support your claim and help you avoid rejection.
- Preserve Evidence
Gathering and preserving evidence is essential to avoid a claim rejection. This evidence includes photos of the accident scene, your injuries, medical records, witness statements, police reports, and any relevant communication with the insurance companies. Failing to preserve such critical evidence can hurt your claim, leading to rejection.
- Consult With a Personal Injury Attorney
Hiring a knowledgeable personal injury lawyer can help avoid having your claim rejected. The lawyer can help you handle the legal procedures, negotiate with the insurance company, and represent you in court if necessary to secure the compensation you deserve.
Contact the Gus Anastopoulo Law Firm
If you have a personal injury claim in SC, contact our Charleston personal injury attorney at Gus Anastopoulo Law Firm today for legal help.
Source:
scstatehouse.gov/code/t15c038.php#:~:text=SECTION%2015%2D38%2D15,or%20trier%20of%20fact.
