Insurance carriers in Massachusetts often cite these reasons to justify denying claims when car accident victims seek compensation for their losses.

Have you been injured in a Massachusetts car accident? This experience can leave you facing numerous financial losses. At the very least, the injuries resulting from your accident will likely require medical treatment which you may not be prepared to pay for.

In Massachusetts, you also likely don’t have to pay for these expenses yourself. You can instead file an insurance claim for compensation.

However, filing a claim does not guarantee an automatic payout. Sometimes, insurance companies deny car accident claims (even if they don’t legitimately have good reason to do so). Common justifications for denying a claim that an insurance company will use in these circumstances include:

A Claimant was not injured

Often, the injuries that a car accident victim sustains will be obvious and easy to document. That said, there are exceptions. In some instances, victims may sustain injuries that are not readily apparent to others. This can happen as a result of an accident involving low speeds and low impact.

A victim who sustains such injuries may nevertheless still deserve compensation accordingly. However, because their injuries are not obvious to untrained observers and do not initially appear to have a significant impact on their life or comfort, an insurance adjuster trying to minimize their employer’s financial losses might suggest a claimant was not injured to a degree that gives them a right to collect full compensation.

This is why it is vital that you see a doctor in the immediate aftermath of any motor vehicle accident. Even if your accident was minor and you don’t believe you have been seriously injured, adrenaline may be preventing you from noticing the signs of an injury. If you see a doctor as soon as possible, you can ensure there is documentation proving any unnoticed injuries you may have sustained genuinely resulted from your accident. This will make it much more difficult for an insurance carrier to justify denying your claim.

A claim was filed too late

Again, sometimes an insurance company will deny a claim for illegitimate reasons. If you believe an insurer has denied your claim when they should not have, a lawyer can help you fight back and recover what you are owed.

However, there are instances when insurance companies actually do have grounds to deny claims. For example, in Massachusetts, the statute of limitations typically requires personal injury claims and lawsuits to be filed within three years of the date an accident occurred.

Don’t hesitate to start pursuing compensation after a car accident. An insurance company could deny your claim if you wait too long to file it. Although this is an unlikely scenario if you file a claim to collect from your insurance, it could occur if you are filing a claim to collect from the insurance of a negligent motorist or other responsible party.

Don’t hesitate to start pursuing compensation after a car accident. An insurance company could deny your claim if you wait too long to file it.

An Insurance Company Claims the Insured Did Not Cause the Accident

Massachusetts is a no-fault car accident insurance state. In a no-fault state, when a victim of a car accident sustains such losses and damages as medical bills, lost wages, and others, their primary means of seeking financial compensation for such losses will be to file a claim to collect from their own insurance carrier. This should be their first step in pursuing compensation even if their accident technically resulted from the negligence of another party.

That said, Massachusetts law does allow car accident victims to seek more compensation than they may recover from their own insurers if their injuries and/or losses are particularly severe. They can pursue additional compensation in these circumstances by filing claims or lawsuits to collect from the insurance of the negligent parties responsible for their collisions.

When a victim does so, they will often find that the negligent party’s insurer will attempt to avoid paying them by denying their claim. An insurer may argue they are justified in denying a claim by asserting that a claimant has not provided evidence showing that the insured caused their accident. An insurance carrier might even attempt to suggest that a claimant is actually the one responsible for causing their own injuries.

This highlights one of the many reasons it is wise to enlist the help of an attorney when seeking compensation after a car accident. If you have grounds to file a separate claim because your injuries meet a certain threshold, a lawyer can thoroughly investigate your accident to gather evidence proving it resulted from negligence.

Even if you only file a claim with your own insurance carrier, having a lawyer on your side is key to avoiding unfair claim denials or settling for an unreasonably low payout.

Have you been injured in a car accident in the Boston area? Before filing a claim and working directly with the insurance company yourself, strongly consider reviewing your case with a member of our team at Swartz & Swartz, P.C. Our experienced Boston car accident attorneys can help you recover what you deserve. Learn more by contacting us online or calling us at (617) 742-1900 to schedule a free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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