Being involved in a pedestrian accident is a traumatic experience that can lead to serious injuries and emotional distress. If you have been hit by a car and your claim has been denied, it can feel overwhelming and frustrating. However, it’s important to remember that this is not the end of the road for your case. There are several steps you can take to appeal the decision and strengthen your claim. In this article, we will explore what to do if your hit by car claim is denied.
Understanding the Denial
Before taking any action, it’s crucial to understand why your claim was denied. Common reasons include:
Lack of Evidence: Insufficient documentation or evidence supporting your accident claim can lead to denial. Fault Determination: The insurance company may believe that you were at fault due to jaywalking or other traffic violations. Policy Limits: Your injuries may exceed the policy limit of the driver who hit you. Failure to Report Timely: Not reporting the accident promptly can result in denial. Disputed Liability: The driver may argue they were not negligent, which could impact your claim.
Step 1: Review Your Policy and Denial Letter
Start by carefully reviewing your insurance policy and the denial letter from the insurance company. Understand the terms of coverage, including any clauses related to pedestrian rights and accidents involving vehicles. The denial letter should detail why your claim was rejected; this information is critical as you move forward.
Step 2: Gather Evidence
To strengthen your case, gather all relevant evidence associated with the incident:
- Police Reports: These documents provide an official account of the accident and can indicate liability. Medical Records: Documenting your injuries is essential for substantiating your claims. Witness Statements: Eyewitness accounts can help support your version of events. Photographs: Images of the accident scene, vehicle damage, and injuries can provide strong visual evidence.
If low visibility conditions contributed to the accident (e.g., night-time or poor weather), be sure to document these factors as well.
Step 3: Consult with a Crosswalk Injury Lawyer
Engaging a crosswalk injury lawyer with experience in pedestrian claims can significantly enhance your chances of success in appealing a denied claim. They understand local laws regarding pedestrian right of way and urban traffic collisions, which can be complex when navigating insurance disputes.
A qualified attorney will review your case details, assess whether driver negligence played a role in the accident, and guide you through potential next steps. They may also handle communications with insurers on your behalf, ensuring that all necessary documentation is submitted correctly.
Step 4: Appeal the Denial
Once you have gathered sufficient evidence and consulted with a lawyer, consider formally appealing the insurance company’s decision:
Draft an Appeal Letter: Clearly outline why you believe their decision was incorrect, citing specific evidence and legal precedents where applicable. Include New Evidence: Attach all newly gathered materials—such as witness statements or medical reports—that support your case. Follow Up Regularly: After submitting an appeal, maintain regular communication with your insurance adjuster or attorney for updates on progress.Step 5: Consider Filing a Lawsuit
If all else fails and you believe there https://www.google.com/search?kgmid=/g/11stdz7vnz is substantial merit in pursuing further action, discuss with your lawyer about filing a lawsuit against the responsible party or their insurer. This option could be more viable if you suffered significant injuries leading to high medical costs or lost wages due to time off work.
Considerations before filing suit include:
- Statute of limitations for personal injury cases in your state Potential costs associated with litigation Likelihood of winning based on available evidence
Conclusion
Navigating a denied hit by car claim can be challenging but not insurmountable. By understanding the reasons behind the denial, gathering compelling evidence, consulting with experienced legal counsel, appealing effectively, and considering litigation as needed, you can maximize your chances of receiving fair compensation for injuries sustained in an urban traffic collision.
Frequently Asked Questions
1. What if I was jaywalking when I was hit?
While jaywalking may impact liability considerations under some circumstances (jaywalking accident defense), it does not automatically negate entitlement to compensation if driver negligence contributed significantly to the accident.
2. How long do I have to file an appeal after my claim has been denied?
The timeframe for filing an appeal varies by state; however, it is generally advisable to act quickly—typically within 30 days following receipt of the denial letter—to protect your rights effectively.
3. Can I receive compensation if there were no witnesses?
Yes! While eyewitness accounts are helpful in substantiating claims surrounding driver negligence or pedestrian right-of-way violations, other forms of evidence like police reports or medical records are also critical in establishing liability.
4. What factors do insurance companies consider when determining fault?
Insurance companies typically evaluate factors such as compliance with traffic signals, adherence to speed limits, road conditions at the time of an incident (including low visibility), and any potential violations committed by either party involved.
5. Should I accept my initial settlement offer from an insurer?
It’s often advisable not to accept initial settlement offers without consulting an attorney first; these offers are sometimes lower than what might reasonably be pursued based on full damages incurred following pedestrian accidents like yours.
By taking informed steps after a denied claim and seeking appropriate guidance throughout this process, you stand a much better chance at achieving favorable outcomes moving forward!