Reasons your personal injury claim might be reduced or denied

Reasons your personal injury claim might be reduced or denied

Reasons your personal injury claim might be reduced or denied

Getting involved in a car accident can leave you emotionally and physically shaken. If the accident was caused by another party’s negligent or unlawful actions, you might be eligible to recover damages from the responsible party.

However, there are times when either the court or the other party’s insurance might deny your claim even when it is valid and reasonable. Here are common reasons why a personal injury claim may be reduced or denied:

If you are at fault

One of the most common reasons your personal injury claim will be denied is when it is established that you caused the accident that resulted in your injury. For instance, there may be proof that you ran a red light or that the police cited reckless driving following the accident. In scrutinizing the statements you made, the defendant or the insurance company may conclude that you admitted fault. 

If you fail to report the accident

Missouri law requires you to report any auto accident that results in an injury, death or property damage worth $500 or more. Additionally, the law requires you to file a personal injury lawsuit against the at-fault party within a certain time frame known as the statute of limitations. In Missouri, you have five years from the date of the injury to file your personal injury claim. Filing a lawsuit after the statute of limitations expires can automatically result in your claim’s denial.

Lack of relevant medical records

To win a personal injury claim, you must prove that you suffered an injury as a result of the accident. For this, you need evidence of an evaluation by a doctor. You can provide the doctor’s report or records from the hospital to demonstrate that you were treated for accident-related injuries.  

The last thing you want to happen following a car accident is to have your claim denied. Understanding the reasons why your claim may be denied and mitigating them can help ensure that you get the compensation you deserve for your damages.