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What Should I Do If My Insurance Claim is Denied?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jan 28, 2021

Read Time: 3 mins

If you are like most people, you expect insurance benefits to cover your losses following a car accident. The unfortunate reality is that auto insurance providers deny claims all the time. Whether you are seeking coverage from your own carrier or filing a liability claim on the other driver’s policy, a denial letter can be devastating.

However, a denial letter is not the last word. If the other driver’s insurance carrier refuses to honor your claim, you retain the right to pursue legal action with the help of dedicated car accident attorneys.

Denials from your own carrier

If you were responsible for the accident or the only person involved in the crash, you might have to pursue benefits through your own comprehensive auto insurance policy. This type of coverage is “no-fault,” meaning you are entitled to file a claim no matter who caused the accident. Despite this designation, several factors could lead the insurance company to deny your claim. Some examples include:

Expired policies. If your policy has expired, the insurance company has no obligation to honor your claim. Sometimes the insurance company can erroneously claim your policy has lapsed even though you have paid your premiums.
Policy limits. If you reach your policy limits, you could face a hard limit on the available benefits.
Unlawful activity. Most policies will allow the insurer to refuse to pay out benefits if you were breaking the law at the time of your accident. One common example is driving with an expired license.
Failure to assist. Under your insurance policy, you have an obligation to report an accident to your carrier right away and assist them in their investigation. If you do not assist in these efforts or fail to immediately report your accident, your claim could be denied.

Reasons for a denial from the other insurance company

If the other driver’s policy lapsed or if they refuse to assist with the investigation, the insurer could deny your claim for lack of coverage. Often, a response from your lawyer could put the insurance company on notice– that you intend to hold them accountable for their driver’s negligence. Many claims are also denied on liability issues. These policies are fault-based, meaning they will only cover your damages if the insured driver was responsible for the crash. These denials do not mean you are out of luck. However, they do likely signal that you will need to pursue legal action to obtain the compensation you deserve.

Pursuing legal action

In many cases, the insurance company on the opposing side will defend their driver in court. If your claim is strong, the other side could suddenly be interested in settling your case. By working with a car accident lawyer for Rockland and Bergen counties, you increase the chances that you will receive the benefits you deserve.

Contact us today for a free consultation

Before you consider filing an insurance claim, talk to an attorney first. Your legal counsel can assist you in the claims process and potentially speed up your financial recovery. To get started, contact us at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. for a free consultation.

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   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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What Should I Do If My Insurance Claim is Denied?

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