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What if the other party denies my claim?

This is not an altogether uncommon situation.  You are driving your bike down a busy road and a car, truck, or other vehicle crashes right into you.  Then, you exchange information and make plans to communicate in the future.  Eventually, that person tells that you were the one at fault and that they should not reimburse you at all.  Alternatively, you go through the insurance process only to find that the other party’s insurance carrier does not think it has the obligation to compensate you-either because it was all your fault or because there is a lack of evidence.  Shocked, dismayed, and frustrated, you wonder what you can to recover for the costs you incurred from the injury including out-of-pocket expenses, property damage, and pain and suffering.



THE FACTS

Here are some of the most common reasons why bike accident insurance claims are denied:

  • The bike accident should have been avoided.
  • The victim did not seek medical treatment or attention quickly enough.
  • The policy does not cover the claimed reimbursement.
  • The insurance policy expired.
  • The vehicle or instrument involved in the accident was not covered on the insurance policy.
  • The compensation requested exceeds the insurance policy coverage limits.

THE REPLY

If you are denied relief following a bike accident, there are a couple of important things you can do and look for that will help your cause immensely.  The first obstacle that you might face is the insurance adjuster.  This person will typically be the one that sends you the notice and rationale for the claim denial.  What you need to do when you get the notice is look for the legal justification he or she uses to deny your claim.  It must rely on a specific legal rule or statute that applies to your circumstances.  It cannot use a corporate policy or broad legal idea to substantial a denial of coverage.  The other thing you really want to hone in on is the police report but you have to very critical of that document.

Remember, it is not considered evidence because in all likelihood the officer was not there.  Check and see if the officer listed who was at fault on the report.  Follow up and see if the cop actually gave either party a citation after the bike accident.  All of these things may not bring the adjuster over to your side but they certainly will help you get a better deal out of him or her in an effort to avoid litigation. However, sometimes lawsuits cannot be avoided and the next section will review how you can use them to your advantage.

THE LAW

Often times, victims of bike accidents find that the insurance system is too frustrating and exhaustive so they wonder what else they can do.  To this, we have to remind them that the legal system is always available for them to recover the compensation they deserve due to the wrongful conduct of another.  What can you recover for?  Here is a broad overview:

  • Medical Expenses.
  • Lost Wages.
  • Loss of Normal Life.

Of course, obtaining these things will require skilled and resourceful compensation.  However, this fight might take place on a more even playing field than the high-stakes negotiations of insurance claims.

For more information on questions related to Bicycle Accidents please visit the following pages: