Insurance denied your car accident claim? Here’s how denials become settlements
A denial letter can make an injured person feel as though the insurance company has already made the final decision. But a denied claim is not always a closed claim.
In cases handled by our office, insurers have denied claims for very different reasons. Some blamed our client for causing the accident. Others disputed whether passengers were even inside a vehicle. One relied on the other driver’s claimed medical emergency. Another argued that an accident simply never happened.
Those initial positions did not always hold up once the evidence was examined more closely.
Why do Insurance Companies deny car accident claims?
Liability is not always as straightforward as it first appears.
An insurance company may accept one driver’s account of an accident while rejecting another. A police report may contain an error. Witnesses may give conflicting statements. Sometimes an insurer may look at the available information and decide that its insured was not responsible.
That is why the evidence surrounding the accident can become so important.
In one case handled by our office, an older client in her 70s was involved in an accident at a four-way stop. The insurance company denied the claim and argued that she had simply panicked.
But the physical evidence told a more complicated story.
We looked at the property damage, the deployment of the airbags, and the other driver’s own description of what happened. After a Chapter 93A demand letter, a lawsuit, and full discovery, the insurer ultimately paid 100% of the claim.
A $0 Offer that Became a $300,000 Settlement
One of the clearest examples involved a tractor-trailer.
The insurance company initially offered $0.
The case required looking beyond the initial denial and examining what the truck driver could see and what he could have done after the first collision. A tractor-trailer driver sits high above the roadway with a clear view ahead. We showed that the driver could have avoided the crash if he had slowed down after the first collision.
After a Chapter 93A demand letter, the claim that had initially received a $0 offer ultimately resulted in a $300,000 settlement.
The difference was not simply continuing to ask the insurer to reconsider. It was identifying the evidence that challenged the insurer’s original position.
When the other driver said the passengers were never there
Sometimes a denial turns on a basic factual dispute.
In another matter, a group was traveling in a van when an accident occurred. The other driver claimed that there had been only one person in the van: the driver.
But there was independent evidence showing otherwise.
Several passengers had been examined by EMS at the scene and had signed refusals of transport. Those records helped establish that the passengers were actually there.
The case went to arbitration, where we obtained the $40,000 policy limit.
Later, our office handled a nearly identical second claim. This time, the insurer tendered the $40,000 policy limit.
What happens when the Police Report is wrong?
Police reports can be important, but they can also contain mistakes.
In one case, the police report identified our client as Vehicle 1, even though he was actually Vehicle 3.
That mistake mattered because it affected how the accident appeared on paper.
The claim did not end with the incorrect report. After two examinations under oath, the case eventually settled for $65,000. A health insurance lien of approximately $8,100 was also reduced to $5,400.
The case illustrates why the details of a police report should be reviewed carefully rather than automatically treated as the final word on how an accident happened.
Sometimes one piece of evidence changes the entire case
In some claims, the most important evidence is something that captured the accident as it actually happened.
That was the situation in a case involving an MBTA bus.
The bus driver and a witness both swore that our client was responsible for the accident. On paper, that could have created a significant problem.
But our client had a dash camera.
The video provided another way to evaluate what happened rather than relying entirely on competing statements. The case ultimately settled in approximately five and a half months for a solid five-figure amount.
Video is not the only evidence that can make a difference. In cases handled by our office, several different types of evidence have helped challenge an insurer’s initial position:
Property damage helped show that the physical evidence did not match the other driver’s version of the accident.
EMS records documented passengers whose presence had been disputed.
Police testimony supported a claim that an insurer had characterized as staged.
Dash cam footage provided direct evidence when witness accounts placed responsibility on our client.
In the case the insurer claimed was staged, the responding police officer was a former accident reconstructionist. He maintained that the collision was real, and the insurer ultimately paid the claim.
What is a Chapter 93A Demand Letter?
A Chapter 93A demand letter is a written demand involving allegations of unfair or deceptive claims practices.
It has played an important role in several claims handled by our office.
In one case, the demand letter gave the insurer 30 days to respond, and the claim settled at that deadline. In other cases, payment followed after a Chapter 93A letter was sent.
The tractor-trailer claim that went from a $0 offer to $300,000 and the four-way-stop case that ultimately resulted in payment of 100% of the claim both involved Chapter 93A demand letters.
Claims involving the MBTA require special attention
Claims involving the MBTA can present an additional concern: timing.
These claims carry a six-month presentment requirement, making it important to address the claim early.
In the MBTA case described above, our client came to us more than a month after the accident. The case still ultimately settled approximately five and a half months later.
Waiting too long, however, can create problems that have nothing to do with whether the underlying claim is strong.
What should you do after an Insurance Company Denies Your Claim?
A denial should be taken seriously, but it should also be examined in light of the available evidence.
If you have video of the accident, preserve it. In our MBTA case, dash cam footage became a critical piece of evidence.
If another driver refuses to provide insurance information, write down the license plate number. In a bicycle accident handled by our office, the plate allowed us to trace a driver who had refused to provide his insurance information.
And do not ignore deadlines. Massachusetts has a three-year statute of limitations, while claims involving the MBTA have a six-month presentment requirement.
The larger lesson from these cases is simple: an insurance company’s first answer does not necessarily tell the whole story.
A $0 offer became a $300,000 settlement. A claim blamed on an elderly driver ultimately resulted in full payment. Records established that passengers an insurer disputed were actually at the scene. A dash camera contradicted testimony about how an accident happened.
Every claim is different, and past results do not guarantee what will happen in another case. But when a claim is denied, the evidence, the applicable deadlines, and the insurer’s reason for saying “no” all deserve a careful look.
Was your Massachusetts Car Accident Claim Denied?
If an insurance company has denied your car accident claim, the Law Office of Louis S. Haskell can review the circumstances of the accident, the insurer’s reason for the denial, and the available evidence.
Call or text (978) 459-8359 to schedule a consultation.
This article is for informational purposes only and does not constitute legal advice. Every case is different, and prior results do not guarantee a similar outcome.
TL;DR
An insurer’s denial can be challenged.
Video, damage analysis and records helped reverse denials in our cases.
In several cases, payment followed a Chapter 93A demand letter.
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Insurance denied your car accident claim in Massachusetts? Learn how denied claims can turn into settlements with help from an experienced attorney.