Accidents are a leading cause of death and disability in the US, and statistics from the US Centers for Disease Control and Prevention (CDC) are proof of the serious problem. Officials report that more than 24 million people are treated in hospital emergency rooms every year for unintentional injuries. Millions more seek treatment at urgent care facilities or physician’s offices. Motor vehicle collisions, slip and falls, dog bites, and exposure to dangerous products are among the most common types of accidents.
While there are many types of incidents that can cause injuries, the underlying cause of accidents is negligence. This means you can hold the at-fault party accountable for your losses, starting by filing an insurance claim. Insurers will typically try to find reasons to deny payment to protect their financial interests. However, some grounds for denial have merit. You will need help from a Maryland personal injury attorney to protect your rights if:
You Missed the Deadline:
If your claim was denied because the insurer says you did not file within the 30 days or six months as required by its own rules, the company is up to tricks. It assumes you will not look into the only true deadline that matters, which is Maryland’s statute of limitations. You have three years to file a lawsuit, which is totally separate from any claim submitted to the insurance company.
There are circumstances where the deadline is extended, including for child victims and medical malpractice where the injury was not discovered right away. However, the insurer is justified in denial when the statute of limitations expires.
You Were Partly at Fault:
Maryland follows the rule of pure contributory negligence, in which the victim’s actions are a focus. If the victim had a hand in causing the accident, they are barred from recovering any compensation. The insurance company will seize on any opportunity to show that you were at fault, even minimally. The insurer may have a legitimate position if the victim was drunk driving or trespassing on property. However, there are strategies to overcome accident claims of contributory negligence.
You Did Not Supply Sufficient Evidence:
You cannot expect the insurer to pay a claim without doing its own investigation. Some of the information the company needs comes from you and should be submitted with your claim. You could be denied if you do not include:
- Medical records showing diagnosis, treatment, surgery and other procedures, and imaging tests;
- Pay stubs and income tax records showing your lost wages; and,
- Photos, video, and other physical evidence proving the insurer’s policyholder was at fault.
Avoid Denials with Help from a Baltimore County Personal Injury Lawyer Insurance companies are often guilty of sneaky tricks and tactics to reject accident claims, but these are legitimate reasons that you could be denied. You will need experienced representation to get the monetary damages you deserve, so please contact Attorney Michael A. Freedman to learn about your options. You can schedule a no-cost consultation at our Owings Mills or Glen Burnie offices by calling 410.363.6848 or going online.
