Everyday people pay for insurance to protect their homes, property, cars, and their health. Yet, following an accident, these same people may still find that the insurance company refuses to pay on their claim or pays them an amount that is far less than what they deserve.

That is why to protect yourself from these unfair insurance practices, we have prepared the following blog post. In it, we will go over everything you need to know about these denied claims, including reasons why an insurance company denies a claim, what to do in these circumstances, and how an experienced personal injury attorney can help you get the compensation you need.

Why Does an Insurance Claim Get Denied?

In Louisiana, if you submitted satisfactory proof of your losses and injuries, your insurance company has a duty to pay your claim. Yet, sadly, this is not how these companies work. In truth, these insurance companies do not always fulfill their end of the bargain. They will often deny a claim by alleging that the damage you sustained is not covered in the insurance policy, that you misunderstood the coverage options, or that your premiums were not paid on time. They may also try to deny your case because:

  • There is a Lack of Evidence: To prevail in an accident claim with the insurance company, you need to provide ample evidence showing what happened, who was at fault, and your damages. This evidence includes crash reports, pictures and videos of the incident, medical reports, and witness statements. However, insurance companies will rarely investigate an accident in enough detail to obtain all this evidence to pay out your claim, so instead, they will deny it based on a lack of evidence.
  • The Accident Was Not Reported to the Police: In Louisiana, you need to report an accident to the police if death, injury, or more than $500 worth of property damage occurred. If you do not report the accident under these circumstances, the insurance company will likely deny your case.
  • There was a Pre-existing Condition: If the insurance claim includes injuries, you can expect the insurance company to try to do whatever they can to avoid liability for them. As a result, one of the more common tactics these insurers use to deny your case is claiming the injuries were a result of pre-existing injuries and not the accident itself.
  • The Accident was Partially Your Fault: If the insurance company has evidence that suggests you were wholly or partially at fault for the accident, there is a chance that these insurance companies will deny your claim. In some cases, this denial may be based on a clause in the policy that voids coverage if you engage in certain behavior types, such as drinking and driving.

What To Do If the Insurance Company Denied Your Claim?

Insurance companies will usually find any reason to deny a case because it is in their best financial interest to do so. After all, these insurance companies are like other businesses, and they want to make a profit. By offering you less or denying your claim altogether, the more money these companies will make.

Plus, many of these insurers feel that the chance of their policyholders hiring legal counsel to dispute a denied claim is low, so they are willing to take this chance even if there is enough evidence that indicates the policyholder should have been paid.

For these reasons, if the insurance company denies your claim, instead of trying to fight them yourself, the best thing you can do is to contact an experienced personal injury attorney. You need to remember that the insurance company will try any tactic they can to get you to say something that may impact your case or which they can purposefully misconstrue so that they can blame you for causing the accident.

However, with an experienced personal injury attorney on your side, you will not have to worry about taking on these discussions alone. These lawyers can handle all the negotiations with the insurance company on your behalf, ensuring you do not negatively impact your case while they fight for maximum damages.

Should You Fight the Insurance Company After an Accident?

If you have been involved in an accident because of another person’s wrongful actions, you may be facing substantial injuries and extreme financial bills, and losses that can forever impact your life and your family’s future. That is why it is so important that you fight for the damages you deserve.

Thankfully, if you decide to pursue a personal injury claim in Louisiana, you may be entitled to certain types of damages that your insurance plan may not even cover. These damages include the following:

  • Past, current, and future medical expenses (such as doctor visits, emergency room services, hospital stay, medical devices, surgeries, and prescription medications)
  • Lost wages
  • Lost earning capacity
  • Scarring and disfigurement losses
  • Permanent disabilities
  • Pain and suffering
  • Loss of enjoyment of life

For these reasons, after an accident, you need to reach out to an experienced personal injury attorney as soon as possible. These lawyers can go over what happened, determine your viable legal options, and help you fight the insurance company for the maximum damages you deserve.

Go After the Compensation You Are Entitled To, Get the Legal Help You Need Today

If you have been injured in an accident, the last thing you want to do is deal with a denied claim because the insurance company wants to play games with your health, your future, and your life. Fortunately, with a skilled personal injury attorney on your side, you will not have to deal with these unethical insurance practices yourself. Instead, you can focus on what matters most to you and your family — your healing and recovery, while these attorneys go after the damages and compensation you need.

Once retained, these lawyers can:

  • Go over your accident in detail, determine if you have a viable case, and figure out the legal options you can pursue.
  • Answer all the questions you have and provide you with the legal advice you need during this challenging time.
  • Investigate your accident and secure the evidence required to prove fault and damages.
  • Ensure that legal motions are prepared appropriately and filed before time runs out.
  • Bring in the experts such as accident reconstructionists and doctors to substantiate your claim.
  • Handle all the negotiations with the insurance company and fight for a fair settlement on your behalf.
  • Take your case to trial if the other side is unwilling to settle your claim and go after a successful resolution.

If you or a loved one have been injured in an accident and are struggling with getting the insurance company to pay the money you need, do not wait any longer to secure the legal help you require. Instead, contact the Charbonnet Law Firm, LLC today or call our office at (504) 294-5118 for a free case review and let our legal team show you how we can fight for your rights and go after the money that you are entitled to.


With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.

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