You’ve Been Hurt In a Car Accident and Your Insurance Company Won’t Pay – What now?

December 23, 2021, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Auto accident insurance is mandatory in Canada if you drive or own a vehicle. We have a heavily regulated market and the minimum coverage you are required to buy in Ontario is set out by law. You must carry third party liability insurance, statutory accident benefits, direct compensation – property damage, and uninsured automobile insurance.

Most of us begrudge being forced to buy insurance and expect that when we are in a crash that the insurer will pay out. In Ontario the average insurance bill is over $1,100 a year. You can read about the survey we did here outlining how much we pay, what coverage we get and the misconceptions many of us have about what we get in the event of an accident.

If you have ever been in a car accident even a minor one, then you know what a hassle they are. If you are in a serious car accident and suffer personal injury the hurdles to getting the compensation you are entitled to and deserve can be even greater. Just when you need the insurer most they often seem to let you down. This is why it is more important than ever to contact one of our experienced personal injury lawyers. They will work for you and help you get the compensation you need to recover.

What Happens If Your Claim is Denied?

It’s important to remember that your insurer is not your friend. They are in the business to make money. A claim denial can be traumatic especially if it involves a personal injury to you or a family member or loved one. Many common personal injuries in car accidents include concussions, neck injuries, and whiplash. The injury may be invisible, but the pain can last for years.

What Should I do if I am Injured in a Car Accident?

You or a loved one should also begin taking notes immediately recording all the facts, and who you speak to and what they tell you. Keep all text messages, emails, letters and forms the insurance company sends you. Keep a copy of the police and doctor reports. Keep track of what you are told by whom. This is extremely important. When your claim is denied, you should contact a personal injury lawyer immediately.

Reasons for Claim Denial

Many claims are denied for the following reasons:

• Lack of documentation of the injury – many people minimize their injury initially and don’t seek care at a hospital or doctor’s office or walk-in clinic. By the time they realize the injury it may be well past the point of the accident and making a certain connection between the accident and the injury is difficult.
• The insurer thinks you are lying – fraud is involved in many claims and insurers are skeptical when facts are missing or don’t add up. Make sure that in any accident you have documentation of the injury, details of the accident itself, the police report, the names and picture of the IDs of all people involved in the crash including passengers, and witness contact information. A copy of any medical report or first responder report is indisputable evidence in an accident claim.

What Should You Do When Your Claim is Refused?

• Contact an experienced personal injury lawyer immediately.
• Avoid becoming emotional. Don’t get angry on the phone or in emails. Let your lawyer handle the communications.
• Get a written explanation of why the claim is denied. Understand that the denial may be due to a simple lack of information. Remember that once a claim is denied there is a time limit on appealing. Your lawyer will go through these and many other details with you.
• Read your policy to make sure you understand what you are entitled to in terms of benefits. Your lawyer can go through it with you, the insurer will as well if you ask them.

If all else fails and your lawyer cannot get the insurer to pay out your final resort may be a lawsuit for a car accident claim. Sometimes there is no better option.

If you’ve been injured in a car crash whether it was your fault, or someone else’s, you deserve the full compensation you are paying for in your car insurance. Call us or fill out our online form today for a free initial consultation if you have been injured.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.