We have updated our privacy policy. By continuing, you are agreeing to our terms.

All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.

What Are the Main Reasons for Denying a Car Accident Claim?

When you file a car accident claim, you expect the insurance company to evaluate your injuries, review the evidence, and pay what is owed. In reality, many claims are denied on the first pass. Sometimes the denial is preventable, other times it is based on technicalities, and in some cases the insurer is simply trying to minimize its payout. Understanding the most common reasons for claim denials can help you protect your rights after a crash. Here are some leading causes of car accident claim denials, and how to avoid them.

Delays in Reporting the Accident

Insurance companies want to be notified of an accident as soon as possible. If you wait days or weeks to notify your insurer or the at-fault driver’s insurer, they may argue that the delay prevents them from investigating the claim properly. They may also claim your injuries could have occurred sometime after your accident.

It’s important to note that Georgia’s statute of limitations generally gives victims two years to file a claim in most cases. If you miss this deadline to file your car accident case, you lose the right to pursue compensation for your injuries.

Delays in Medical Treatment

Another reason that insurers deny claims is the presence of a “treatment gap,” meaning you waited too long to seek medical care or stopped treatment prematurely. Even if your pain is real, insurers may argue that a gap indicates your injuries are unrelated to the crash or not serious. People often delay reporting injuries from a car accident to the insurer because they feel their injuries are minor, or they hope the pain will disappear on its own.

But symptoms don’t always show up right away. That’s why our attorneys recommend that you visit an emergency room or your doctor as soon as possible to look for and document any injuries. Medical documentation is one of the strongest forms of evidence in a personal injury claim. Documenting your injuries as soon as possible can establish when they occurred, get you the care you need, and protect your case.

Disputes About Fault After a Crash

If liability is unclear or the insurer believes you contributed to the accident, they may deny the claim outright.

Disputed fault often comes from missing evidence, conflicting statements, or limited documentation at the crash scene. This is why getting a police report, photographs, and witness statements is crucial.

However, Georgia law follows a comparative negligence system, which means that if you are less than 50% at fault, you may still be entitled to some level of compensation.

Lack of Evidence After an Accident

Insurers commonly deny claims by stating there is not enough evidence showing:

  • how the accident happened
  • who caused it
  • the extent of your injuries
  • the financial impact on your life

Without strong supporting documentation, the insurer may conclude the claim does not meet their burden of proof. Evidence such as a police report, medical records, accident photos, repair estimates, and wage documentation can make the difference between approval and denial.

Pre-Existing Medical Conditions

Many crash victims have prior injuries or medical conditions. Insurance companies frequently use this to deny claims by arguing that your pain stems from a pre-existing issue rather than the accident.

However, the law recognizes that an accident can aggravate a pre-existing condition. Thorough medical evaluation, along with records showing how your symptoms changed after the crash, can help overcome this type of denial.

Auto Insurance Policy Exclusions or Coverage Issues

Sometimes a denial has nothing to do with fault or evidence. Instead, the insurer argues that:

  • the negligent driver did not have an active policy
  • the driver was excluded from the policy
  • the loss type is not covered
  • premiums were not paid
  • the policy limits were exhausted

These “technical” denials are frustrating but common. But sometimes victims mistakenly assume they have no options, when in fact they may be covered under their own uninsured or underinsured motorist policy or the insurance of a family member they live with. An experienced personal injury attorney will know to investigate to find if there are other types of compensation that provide coverage and also investigate if the reasons for denial given by the insurance company are accurate.

Statements That Harm Your Claim

What you say after a crash matters. Insurance adjusters often call quickly, hoping you will admit partial fault or say you are “fine.” As Montlick attorneys frequently remind callers, anything you say can be misunderstood and can be used against you later.

Recorded statements, informal conversations, and even social media posts can lead to denials based on inconsistencies or comments taken out of context.

Failure to Follow Medical Advice

Insurance companies expect you to follow your doctor’s orders. If you miss appointments, ignore restrictions, or return to strenuous activities too soon, the insurer may deny payment, claiming you worsened your own injuries.

Insufficient Proof of Damages

Even if the insurer accepts fault, they can still deny your claim if you fail to provide proof of:

  • lost wages
  • ongoing medical needs
  • diminished quality of life
  • future treatment costs

It’s important to document your damages and expenses for claim approval. A personal injury attorney should be able to help you document these kinds of expenses.

How Our Attorneys May Be Able to Help After a Claim Denial

A denial is not the end of your claim. Many are reversible with the right evidence, medical documentation, and legal advocacy. If your claim has been denied or you are worried it might be, talk to Montlick. Better yet, contact Montlick from the start to help prevent the mistakes that may lead to a denial. Our attorneys may be able to help you avoid a denial and obtain the compensation you deserve.

Montlick Author Avatar for Article By Montlick Content Team
Legally Reviewed By: Kathryn Cozzo Patterson, Esq.
How useful is this for you?
Would you like to speak with an attorney?
Call Now

We Win More than Settlements.

We win the peace-of-mind you need to get your life back.

 

At Montlick, we believe comprehensive legal representation is a right, not a privilege. That’s why we provide our services on a contingency fee basis. You only pay when we win.