What if the Insurance Company Refuses to Settle Your Minneapolis Car Crash Claim?
Most car crash victims recover compensation through a settlement. In Minneapolis, these settlements are often with the at-fault driver’s insurer or even your own insurance company.
Unfortunately, insurance companies sometimes push back and refuse to settle. They may say your injury is a preexisting condition or that you have overvalued your damages. This blog looks at common reasons insurers may refuse to settle. We also explain steps you and your attorney can take to continue pursuing the compensation you need.
At TSR Injury Law, our legal team has recovered over $1 billion in compensation for our clients. Your initial consultation with us is free, and we do not charge legal fees unless we help you recover favorable compensation.
Learn more. Call: (612)-TSR-TIME.
Why Is My Car Insurance Company Refusing to Settle My Claim?
It is important to find out why an insurance company might refuse to settle your personal injury claim. This information can provide clarity and help you take proactive steps towards continuing your recovery. Here are some common reasons why an insurer might choose not to settle:
- Disputed Damages: Insurance companies often dispute the extent or severity of the victim’s damages. They may fight you on the amount of medical expenses, lost wages or other forms of compensation your Minneapolis car crash lawyer included in your settlement demand. The insurer may argue that some of these damages are either exaggerated or not related to the crash.
- Insufficient Evidence: The insurance company may say you have not provided sufficient evidence to prove the value of your damages. They may even claim the evidence you have provided does not prove your injuries were caused by the crash.
- Preexisting Injuries: Insurance companies may try to argue that the crash victim’s injuries were caused by something other than the collision. For example, they may say your back pain is a result of a preexisting issue from a prior injury.
- Delayed Medical Treatment: If you did not seek medical help right away, the insurance company may try to claim your injuries happened elsewhere. In other words, they think your injuries were caused by something other than the collision.
- Policy Limits: Sometimes, victims are seeking compensation above the policy limits. However, the insurance company may claim you are seeking more than the policy provides when this might not be the case. Sometimes the value of an injured victim’s damages exceeds the insurance policy’s limits. This is just one situation where it helps to have a licensed attorney fighting for your interests.
- Negotiation Tactics: It is also possible that the insurance company may refuse to settle as a negotiation tactic. By initially refusing to settle, they may be trying to pressure you into accepting a lower amount. This tactic is sometimes used to test how far you are willing to go to reach a resolution. The insurer might hope that by making the process more difficult, you will agree to a lesser settlement. They know injured victims often want to avoid prolonged negotiations or potential litigation.
If your lawyer files a claim against the other driver’s insurance company, they may dispute their policyholder’s liability for the collision. Insurance companies often conduct their own investigations to determine fault. If they determine liability is not clear, they may hesitate to offer a settlement. They might argue that the evidence does not fully support your claim of their policyholder’s fault.
What Are My Options if the Insurance Company Refuses to Settle?
The insurance company is required to provide an explanation for their refusal to settle. If they deny your claim, it is your right to know why. Ask them to explain why, preferably in writing.
If the insurer refuses to settle because of disputed evidence, victims or their lawyers can submit additional documentation or information that supports the claim. This might include updated medical records or expert opinions.
Many crash victims struggling to get their insurance company to settle often reach out to an experienced lawyer. Injury lawyers deal with insurance companies every day. They can review the situation on your behalf and determine a strategy to help you get fairly compensated for your damages.
For example, your lawyer could manage an alternative dispute resolution with the insurance company. The two main types of alternative dispute resolution include:
- Mediation: Mediation involves a neutral third party who helps facilitate discussions between you and the insurance company. The mediator assists both sides in working toward a mutually acceptable settlement. Mediation can often resolve disputes without the lengthy process of a court case.
- Arbitration: Arbitration is a more formal method where an arbitrator, often a retired judge or panel of experienced attorneys, reviews the evidence and makes a binding or non-binding decision. While more structured than mediation, arbitration is generally quicker and less costly than going to trial.
Your lawyer can also file a lawsuit and pursue full compensation in court. While insurance companies often want to avoid the courtroom, there are times when they decide to take the risk of going to trial. However, filing a lawsuit could be enough to cause the insurance company to make a better settlement offer.
What Are the Problems With Trying to Resolve a Denied Claim on Your Own?
You are within your rights to deal with the insurance company on your own. However, more often than not, this situation benefits the insurance company. They know you are not going to file a lawsuit, so they often have little motivation to change their decision.
It is also difficult to take steps to obtain additional evidence while dealing with a car crash injury. You may be struggling with physical limitations, both from the injury and any restrictions your doctor placed on your physical activity. Injuries can also affect many other aspects of your life, leaving you little time or energy to fight with the insurance company.
Seek Help From an Experienced Minneapolis Law Firm
Handling a personal injury claim, especially when facing an insurance company’s refusal to settle, can seem like an overwhelming obstacle.
Many crash victims seek help from an experienced law firm, such as TSR Injury Law. Here are some of the benefits of contacting our firm after sustaining an injury from a crash:
- We Get Results: You can see from our track record that our law firm has a passion for helping injured clients. We are deeply committed to helping you get the compensation you deserve.
- No Upfront Fees: We do not charge legal fees unless we recover compensation for you. This means you risk nothing by contacting us to learn more about your potential rights.
- Free Consultation: What does this mean? It means you can discuss your situation with a qualified attorney at our firm for free and get answers to your questions. We also help you understand what legal options may be available to you.
Ready to take the next step? Call us today at: (612)-TSR-TIME.