When you're involved in a car accident, filing an insurance claim is something many of us dread. But, what happens if your claim is unexpectedly denied? Unfortunately, car insurance companies in Ohio, like elsewhere, often have strict policies that can lead to denied claims. Understanding why claims are denied and what steps you can take can help you better navigate the process.
We will explain the most common reasons for car insurance claim denials in Ohio, discuss relevant state laws, and provide tips for handling a denied claim.
For those involved in an accident in Ohio, consider consulting with an experienced Ohio car accident lawyer, such as Brandon J. Broderick, Attorney at Law. Our team can guide you through the entire process to ensure you are fairly compensated.
Understanding Car Insurance Denials in Ohio
Ohio requires drivers to carry minimum car insurance coverage, including bodily injury and property damage liability. Despite fulfilling these requirements, policyholders may face challenges when submitting claims. Insurance companies, focused on limiting payouts, may deny claims for various reasons, even when they appear straightforward.
Common Reasons for Denial
1. Policy Lapses Due to Non-Payment
One of the most frequent reasons for claim denials is a lapsed policy. If your premium payments are overdue, your insurance coverage may be invalid. This leaves you personally responsible for damages resulting from an accident. Ohio law mandates active insurance coverage for all drivers, so it's essential to keep your policy up to date.
2. Claim Filed Outside the Allowed Timeframe
Ohio law specifies a statute of limitations for filing claims, whether with an insurance company or in court. Most insurers require claims to be filed promptly after an accident. If you wait too long, the insurer may reject your claim due to delays in reporting the incident.
3. Disputes Over Fault
Ohio operates under a comparative negligence rule, which means that even someone who is partially at fault in an accident can seek compensation, though it may be reduced by the percentage of fault assigned. However, insurance companies may use fault disputes to deny claims outright, even when their determination of fault is debatable.
4. Excluded Drivers or Vehicles
Insurance policies in Ohio often specify covered drivers and vehicles. If someone not listed on your policy was driving your car at the time of the accident, or if the vehicle involved isn’t covered under your policy, the insurer may deny the claim.
5. Misrepresentation or Fraud
Providing inaccurate information during the policy application process or while filing a claim can lead to denial. Insurers conduct thorough investigations and may label discrepancies as misrepresentation or fraud. This could include incorrect information about your driving history or the circumstances of the accident.
6. Failure to Seek Immediate Medical Attention
Delays in seeking medical care after an accident can lead insurers to question the legitimacy of your injuries. Ohio law requires that claimants prove damages are directly related to the accident, and failing to seek prompt care may weaken your case.
7. Exceeding Policy Limits
If your damages exceed the limits of your policy, the insurer is not obligated to cover the excess amount. For example, Ohio’s minimum liability coverage for property damage is $25,000. If damages surpass this amount, you may need to pursue compensation from the other party or cover the difference yourself.
Ohio-Specific Insurance Rules and Regulations
Ohio follows a tort system for car accidents, meaning the at-fault driver is financially responsible for damages. Additionally, the state requires all insurance policies to include Uninsured/Underinsured Motorist Coverage unless explicitly declined in writing by the policyholder. This coverage can help protect you when the at-fault driver lacks adequate insurance.
Steps to Take After a Denied Claim
1. Request a Written Explanation
When a claim is denied by an insurance company, they must provide you with an explanation in writing as to why you were denied. This document will outline the specific reasons for the denial, which is essential for determining your next steps.
2. Review Your Policy
Carefully comb through and review the terms of your insurance policy. Check for any exclusions or provisions that may apply to your case.
3. Gather Additional Evidence
If your claim was denied due to a lack of evidence, gather supporting documentation such as police reports, photographs, witness statements, and medical records to strengthen your case.
4. File an Appeal
Most insurance companies have an internal appeals process. Submit a formal appeal with any additional evidence and documentation to support your claim.
5. Consult an Attorney
When navigating a denied claim, consulting a personal injury attorney can be invaluable. An experienced lawyer can help interpret your policy, negotiate with insurers, and explore further legal options if necessary.
Call Brandon J. Broderick for Legal Help
Navigating Ohio car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.