After an auto accident in California, you can seek insurance compensation for the cost of property damage and personal injury. You can file a claim through your auto insurance policy or through the policy of a driver who caused the accident.
Sometimes, the insurance company will deny your claim for one of these common reasons.
Limited coverage
You must have paid your policy up to date at the time of the accident for the insurance company to cover the costs associated with your claim. This also applies to an at-fault driver’s insurance policy. If you suffer an injury in an accident caused by a driver without auto insurance or with insufficient insurance, you can file a lawsuit against him or her or pursue coverage through your own uninsured motorist policy.
Denial of liability
The insurance adjuster may deny your claim on the grounds that the policy does not cover the damages or injuries in question. If you file with another driver’s policy, the adjuster may argue that their client did not cause the accident. In California, comparative negligence allows you to file a lawsuit for the costs associated with an accident even if you contributed to the cause. The court will reduce your damage percentage by your fault percentage up to 50%.
In addition to filing a lawsuit against an at-fault driver after an accident, you may also be able to sue an insurance company that denies your claim. You must be able to prove that the insurer acted in bad faith by withholding evidence, providing false information about your claim, ignoring your requests for information or offering an unreasonably low settlement.