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If you were injured in a motor vehicle crash in New York, your first step toward recovering compensation is typically filing a claim with the at-fault driver’s insurance company. Although the process may seem simple, insurers frequently look for reasons to minimize or deny valid claims. Understanding why denials occur and how to prevent them can significantly strengthen your case.
Working with a New York car accident lawyer can help you avoid the most common grounds insurance companies use to refuse payment.
You Waited Too Long to File Your Claim
The New York statute of limitations for personal injury lawsuits is three years, but this deadline applies only to court filings, not insurance claims. Insurers expect prompt notice. Waiting weeks before reporting the crash can give the adjuster reason to argue that your injuries or property damage may have occurred later, or that the facts are too unclear to verify. Even if you are still gathering records, notify the insurer immediately after the accident.
You Failed to Prove the Other Driver Was at Fault
Insurance companies only pay if their policyholder caused the crash. To establish fault, you must present solid evidence, such as police reports, photos, surveillance footage, witness statements, and vehicle damage documentation. Without it, the insurer may shift blame onto you or argue that liability is unclear.
An attorney can obtain additional evidence, such as traffic-camera recordings or 911 data that accident victims often cannot access themselves.
You Delayed Getting Medical Treatment
Immediate medical care protects your health and your legal claim. If you suffered serious injuries, go directly to the emergency room or urgent care. Even for mild injuries, follow up with your primary care doctor within two or three days.
Delays give insurers grounds to claim your injuries were not caused by the accident, or that they are not severe enough to warrant compensation. Consistent documentation from medical providers is one of the strongest defenses you have against a denial.
Your Claim Exceeds the Policy Limit
New York drivers must carry at least $25,000 in bodily-injury liability coverage. For moderate or severe injuries, medical bills alone can surpass that amount.
If your losses exceed the at-fault driver’s policy limits, the insurer will not pay more than the contracted amount. However, you may still have options, including:
- Pursuing a personal injury lawsuit directly against the negligent driver.
- Filing an underinsured motorist (UIM) claim through your own policy.
What to Do After an Insurance Denial
In many cases, claim denials are based on incomplete evidence, misinterpretation of policy language, or aggressive cost-saving tactics by the insurer. The most important step is to request a copy of the denial in writing. Insurers must cite a specific reason for refusing payment, and this language shapes your attorney’s strategy for challenging the decision.
Next, gather all documentation related to the crash, including medical records, repair estimates, photographs, and communications with both insurance companies. This information allows your New York personal injury attorney to identify inconsistencies or gaps the insurer is using to justify the denial. In cases involving disputed liability, your lawyer may consult accident-reconstruction experts or obtain additional time-stamped video footage to counter the insurer’s position.
If the denial is based on causation, meaning the insurer claims your injuries were not related to the crash, your attorney can work directly with your treating physicians to produce stronger medical opinions and tie your injuries to the incident. Your own auto policy may also provide another avenue for recovery. Many New Yorkers do not realize that they have UM/UIM coverage that can pay damages when the at-fault driver lacks sufficient insurance.
Contact a Skilled New York Auto Accident Attorney About Insurance Claim Denials
Do not risk your rights by navigating the insurance claims process alone. The experienced team at Monarch Law Group can review your denial, gather the evidence needed to challenge it, and guide you through every available legal remedy. Contact our offices to schedule a free consultation and learn how we can help you move forward.
