Car Accident Lawyers Serving Mooresville, Statesville, Taylorsville, and Hickory
With offices located down and across I-77 and I-40, Ralston, Benton Byerley & Moore have knowledgeable car accident attorneys available to serve your needs. We are a neighborhood law firm with local attorneys who live, work, and play an active role in our communities. We are here to help you through the process and fight for the benefits you deserve.
What happens if the driver who caused the accident does not have insurance?
If you or someone you know as been in an accident, you immediately think to file a claim with the insurance company of the person that caused the accident. Sometimes that person is not insured or covered under any insurance policies. Your next step is to look and see if the car is insured under a different policy. This is commonly the case when a family member, friend or relative is driving someone else’s car and is not the owner. If the car is covered, then you can still proceed with a filing a claim with that insurance company. However, if neither the driver or the car is insured, that is when it is time to look and see if you are eligible to use your uninsured motorist protection. This protection is available if you are a covered driver or the car you are in is covered. Generally, the claim operates the same way and covers the same damages, such as property damage and medical bills.
My claim was denied, now what?
Claims are denied for a variety of reasons such as coverage, liability, or medical causation. It is important to understand why your claim was denied in determining your next step. If your claim was denied because the car was not insured or the driver was not covered, then you should investigate filing an uninsured motorist claim with your applicable auto policy. However, if your claim was denied for liability, when the insurance company does not accept fault, then your only recourse is to file a lawsuit to recover your damages. Sometimes the insurance adjuster will accept liability or fault for the accident but deny payment towards your bodily injury claim. This grey area is commonly referred to as a medical causation denial. This is typically seen in low impact or minor accidents where the property damage is minimal. Many times, the insurance adjusters will pay for the property damage but will not pay anything towards medical expenses or pain and suffering. In these situations, it is important to understand why the adjuster is denying payment of medical expenses. Sometimes, a letter from your doctor can help clear up any concern or confusion with the insurance adjuster. Other times, you will have to proceed with filing a lawsuit for your medical expenses and pain and suffering.
If you or someone you know is having trouble with a car accident claim, call one of our attorneys who can assist you.