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“My Car Was Hit, and Their Insurance Won’t Pay!” Here’s What to Do Next

my car was hit and their insurance wont pay

You did everything right after the accident – you called the police, took photos of the damage, and went through all the proper channels to file a claim with the other driver’s insurance company. So imagine your disbelief when that initial settlement offer comes back shockingly low or, worse yet, they outright deny your claim!

Unfortunately, this is all too common as insurers frequently employ underhanded tactics to delay, diminish, or avoid paying out on legitimate cases altogether.

It can leave you feeling taken advantage of and powerless. But you’re not out of options yet. There are steps you can take to push back and maximize your compensation.

What to Do When the Other Driver’s Insurance Company Refuses to Pay

If the other driver caused the accident but their insurance company denies your claim or offers an unreasonably low settlement, don’t panic. There are steps you can take to fight back and get the compensation you deserve.

Find Out Why Your Claim Was Denied

If the other driver’s insurance company has rejected or denied your claim, the first step is to understand the specific reasons behind their decision. Request a written explanation that outlines their justification for not covering your damages and injuries.

Some common reasons insurers give for denying claims include:

  • Disputes over fault or liability for the accident
  • Questioning the severity or cause of your injuries
  • Allegations you failed to properly mitigate damages
  • Claiming your policy did not cover the type of accident
  • Delays from missing claim filing deadlines

Knowing the stated grounds for denial allows you to directly address and refute their arguments when appealing the decision. Their reasoning may boil down to simple bad-faith practices aimed at minimizing payouts. But you deserve to understand their stance before deciding how to effectively overturn it.

Build a Strong Evidence Trail

First, make sure you have plenty of evidence documenting the accident and your injuries and damages. This includes:

  • Photos or videos of the accident scene, vehicle damage, and your visible injuries
  • The police report identifying the at-fault driver
  • Witness statements from bystanders
  • All medical records detailing your injuries and treatment plan
  • Proof of lost wages if you missed work due to your injuries
  • Records of all other accident-related expenses you incurred

Having solid evidence is crucial if you need to appeal the insurance company’s decision or take further legal action.

If the at-fault driver was uninsured or didn’t have adequate coverage, you may need to file a claim under your own policy’s uninsured/underinsured motorist coverage. Some states also have personal injury protection (PIP), which covers medical expenses and lost wages regardless of who was at fault.

Negotiate with the Insurance Company

Even if the other driver’s insurer accepts liability, they may still lowball their initial settlement offer. Insurance adjusters know many people are eager to resolve their claim quickly and will jump at the first offer.

Before accepting any settlement, consult with an experienced car accident attorney about the full extent of damages you may be entitled to, including:

  • Medical bills (current and future projected costs)
  • Lost wages and diminished future earning capacity
  • Property damage to your vehicle
  • Rental car fees while your vehicle was repaired
  • Personal pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement

Your attorney can advise you on preparing a detailed demand letter that clearly outlines the facts of your case and presents a data-driven argument for the compensation you’re owed.

If the insurance company continues stonewalling and refuses to make a fair offer, your only recourse may be filing a personal injury lawsuit.

Involve a Car Accident Lawyer

While you can negotiate with the insurance company yourself, there are significant advantages to having an experienced personal injury attorney handle your case—especially if your claim is complicated or involves severe injuries.

Hiring a lawyer levels the playing field against the insurance company’s team of adjusters and attorneys focused on minimizing their payout. Your lawyer will:

  • Thoroughly investigate your accident to gather crucial evidence
  • Handle all communication and negotiation with the insurance company
  • Accurately calculate and fight for the full damages you’re owed
  • Determine if filing a lawsuit is warranted based on the state’s statute of limitations
  • Represent you skillfully in court if the case proceeds to trial

On average, car accident injury claims with legal representation result in settlements that are 3.5 times more than non-attorney-represented claims.

Beware of Insurance Company Bad Faith Tactics

Insurance companies are known for using underhanded tactics to avoid paying out legitimate claims. Some of their bad faith practices include:

  • Delaying responses and dragging out the claims process
  • Requesting an excessive amount of redundant documentation
  • Misrepresenting or concealing policy information
  • Denying claims without proper investigation or legal justification

These strategies exploit claimants’ frustration and willingness to accept an unfairly low settlement just to resolve their case.

Tennessee Code § 56-8 prohibits unfair claims practices by insurers, but enforcing those laws usually requires legal action by the policyholder. This is where having an attorney on your side from the start can prevent the insurance company from pulling these shady delaying tactics.

One smart preventative measure is to carry underinsured/uninsured motorist coverage and PIP as part of your own auto policy, even if not required. This protects you if the at-fault driver has minimal or no insurance.

Don’t Let Insurance Companies Take Advantage – Contact Pickford Law

Insurance companies will try to take advantage of unrepresented claimants. Having Pickford Law in your corner prevents those tricks and ensures you have powerful representation from the start. We handle negotiations, gather robust evidence, and take insurers to court if needed to maximize your financial recovery.

Don’t let denial letters, delays, or lowball offers be the end of your car accident claim story. Before giving up, get Pickford Law on your side by scheduling a free, no-obligation case evaluation. You pay no fees unless we successfully secure compensation.

It’s time to fight back against insurance company bad faith using dependable legal advocacy. Contact us today to get started.

Author Bio

Shalondra Grandberry Pickford

Shalondra Grandberry Pickford is a highly skilled attorney and the founder of Pickford Law. Her legal practice is committed to representing clients on various legal matters, including social security disability, veterans’ disability, estate planning, and personal injury. With over ten years of experience in law and a license to practice in Tennessee and Arkansas, Shalondra is committed to providing personalized and effective legal representation to each client.

Shalondra received her Juris Doctorate from The University of Memphis Cecil C. Humphreys School of Law and is a member of the Tennessee and Arkansas State Bar Associations. She has received numerous accolades for her work, including the exclusive Rising Stars award from Super Lawyers in 2017 and again in 2022.

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