New Mexico insurance companies deny claims for many reasons. Even when the accident wasn’t your fault, you may find yourself locked in a battle with your insurance company—or that of the at-fault driver—to get fair compensation for your injuries and damage to your vehicle.
Insurance companies protect their bottom lines. They go above and beyond to find ways to limit or outright deny injury and damage claims.
Accident victims need someone in their corner who knows all the tricks insurance companies deploy and can offer effective strategies to counter them.
In this blog, we’ll discuss 5 of the most common reasons New Mexico insurance companies deny claims and how an experienced personal injury lawyer in Albuquerque can help you get around them.
- You didn’t report any pain or injuries at the crash site.
- You didn’t call the police after the accident.
- You were the only one injured in the accident.
- Your injuries couldn’t have been caused by the accident.
- You were partially at fault for the accident.
Reason #1 – You didn’t report any pain or injuries at the crash site
Insurance companies fall back on this excuse a lot because they often get away with using it as justification to deny claims. They may refer to an official police report to substantiate their refusal.
We advise auto accident victims to always seek medical treatment after an accident, even if they aren’t sure they are injured or experiencing any immediate discomfort. If an ambulance is at the scene, ask to be evaluated on site and transported to the nearest emergency room for further evaluation.
It’s not uncommon for auto accident victims to sustain injuries that don’t fully surface until days after the crash. Some injuries that can take time to produce symptoms include:
- Concussions. It can be hours, days, or even weeks before you start to experience the tell-tale signs of a concussion—concentration problems, dizziness, headaches, nausea, vision problems.
- Internal bleeding. Sometimes called “seatbelt syndrome,” internal bleeding can take up to 3 days to rear its ugly head after an auto accident.
- Neck and back injuries. It can take days or weeks for you to notice symptoms of back or neck injuries like herniated discs or muscle strains and sprains.
- Whiplash. Symptoms of this common neck injury from auto accidents can take days or weeks to surface after the crash.
Reason #2 – You didn’t call the police after the accident
Documentation is important for backing up personal injury claims. Failure to call the police to the scene of an accident signals to insurance companies that it wasn’t serious enough to warrant an investigation.
Even if you’ve just had a fender-bender and your car can be driven from the scene, we recommend calling the police to report the crash. The official police report can establish responsibility for the crash, list any witnesses, and denote any injuries or pain you’re feeling. You can use it later as evidence if you must file a personal injury claim.
While it’s important to call the police, the absence of their presence at an accident scene doesn’t justify an insurance claim denial. If you receive treatment for any injuries, you can use those medical records to support your claim.
Reason #3 – You were the only one injured in the accident
This sounds like a lame excuse because it is. Yet, insurance companies often try to use it to deny claims. Depending on the point and velocity of the impact, it’s quite possible that not everyone in a vehicle gets hurt during a crash.
For instance, if a car runs a red light and collides with the driver’s side of your vehicle, the impact can cause the airbags on your side to deploy but not the ones on the passenger side. The force of an airbag deploying can damage your eyes, jaw, and nose. In some cases, it might even break ribs or cause blunt-force trauma injuries depending on how close you were to the steering wheel at the time of deployment.
Reason #4 – Your injuries couldn’t have been caused by the accident
It’s never a good thing when insurance adjusters play the role of a medical professional. This excuse for denying a claim comes into play when accident victims suffer a unique injury. Insurance companies may try to argue it couldn’t possibly have been caused by the auto accident and refuse to cover the costs of treatment and any ongoing pain and suffering.
Receiving a medical evaluation and treatment for your injuries as soon after the accident as possible can help counter this reason for a denial of your claim. Courts recognize that medical professionals are the experts. If a doctor documents your injury as caused by the automobile accident, you have a strong case for a personal injury claim that sticks.
Reason #5 – You were partially at fault for the accident
Let’s say you were driving a little too fast and failed to see a stop sign as you rounded a bend in an unfamiliar roadway. Your quick stopping action (to avoid running the stop sign) causes the car behind you to rear-end your vehicle.
Insurance companies might try to assert that your partial responsibility for the accident negates your right to file a claim for your injuries and damages to your vehicle. An experienced personal injury attorney in New Mexico can counter this argument to ensure you receive fair compensation.
Your actions do not change the fact the driver behind you didn’t have control of their vehicle and failed to stop. They may have been following your vehicle too closely to have enough time to react. This information can be used to fight the insurance company’s initial denial.
Don’t take no for an answer
Don’t back down when an insurance company denies your initial claim for coverage. You have rights under New Mexico personal injury laws. Our experienced personal injury attorneys can fight to receive fair compensation for you.
Never agree to any settlements or sign an acknowledgement of claim denial without first consulting with an attorney from our team. Reach out today to schedule your free case evaluation.
Sources
- Herniated disk. mayoclinic.org. Accessed January 4, 2023.
- Injuries associated with airbag deployment. ncbi.nlm.nih.gov. Accessed January 4, 2023.
- Seat belt syndrome: Delayed or missed intestinal injuries, a case report and review of literature. sciencedirect.com. Accessed January 4, 2023.
- Traumatic Brain Injury & Concussion. cdc.gov. Accessed January 4, 2023.
- Whiplash Injury. hopkinsmedicine.org. Accessed January 4, 2023.