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What is Wrongful Denial in a Claim?

What is Wrongful Denial in a Claim?


Dealing with the aftermath of a car crash is daunting. Whether it’s coping with long-term physical injuries to financial difficulties, victims are forced to pick up the pieces following an injurious car accident. But negotiating with insurance companies is arguably the most difficult part of these serious accidents, especially when it comes to wrongful denial.

Plus, some insurance companies may fight an injury claim after your collision, despite the fact that injuries can still occur in minor car accidents. That’s why it’s important to know how to negotiate with insurers in the aftermath.

If you’ve sustained injuries in a car accident in Arizona and want to file a claim, contact the Arizona accident lawyers at ELG. Our team of auto accident lawyers in Phoenix is here to help you safeguard your legal rights and help you negotiate with insurance companies after an accident.

Collect Accurate Information About Your Accident

Stick to the facts after an accident. Note the extent of any injuries, including any long-term or physical effects. Document the damage to your car as well. Take note of any other financial impact after a crash, including medical receipts, any physical therapy, and lost wages.

Furthermore, it’s important to highlight the negative emotional impact of your crash. This may include the crash’s impact on your personal relationships or your ability to care for loved ones. Though it’s nearly impossible to place value on emotional suffering, taking note of these factors will contribute to your favorable settlement.

First-Party Insurance Coverage in Arizona

What is Wrongful Denial in a Claim?First-party insurance coverage is applicable when the defendant-driver lacks sufficient insurance coverage to compensate you for your losses. In that case, you will have to seek full and adequate compensation through other means — in most cases, through first-party insurance coverage.

This process could take months. An adjuster may try to convince you that an attorney won’t litigate smaller accident cases due to their lower valuation and the expense to file a claim in Arizona. In other words, an insurance adjuster will often try to make a lower offer to settle your case. No matter the offer, you should consult your attorney to review the terms.

Wrongful Denial After Car Accidents in Arizona

Keep in mind that it is the insurer’s goal to minimize their payouts. As such, insurers tend to be aggressive in denying first-party insurance claims made by policyholders. For example, they may argue that you were at-fault for your injuries, or that your injuries are pre-existing.

But if an insurer wrongfully denies your claim, you may be able to challenge their decision. In some cases, an insurer may not have a reasonable justification or may act maliciously during the process. When this happens, the court may choose to award bonus damages.

Personal Injury Lawyer in Phoenix

The best way to ensure your accident claim is successful is to consult your attorney after an accident. Your lawyer will help you organize the facts of your case and act as a liaison to insurance companies. Collaborating with your attorney on these issues will help make your recovery process smooth and stress-free after an accident.

Contact our Phoenix injury lawyers at ELG today at (623) 877-3600 for a free consultation.