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Having your claim denied can be frustrating and confusing, especially when you’re dealing with injuries and mounting expenses. In this article, we’ll walk through…
Denials for the bodily injury portion of a personal injury claim can happen for a number of reasons. For example, the insurance company may argue:
There are, realistically, dozens of reasons an insurance company may use to deny a claim.
It’s also important to understand that in New Jersey and New York, there is a legal threshold that an injury must meet in order to be successful in a case. Courts will instruct juries that certain criteria must be satisfied—such as serious or permanent injury.
That concept of permanency becomes very important. Part of an attorney’s role is to demonstrate how the injuries meet that threshold and to clearly present that to the insurance company.
When dealing with the bodily injury portion of a claim, there isn’t a formal appeal process in the traditional sense. What typically happens instead is negotiation. If the parties can’t reach an agreement, whether on liability, causation, or settlement value, then the next step is to file a lawsuit. In that sense, filing a lawsuit is effectively the appeal. You’re saying that you disagree with the insurance company’s position and are asking a judge and jury to decide the case.
The most straightforward advice is to contact an attorney as soon as possible. There are very limited practical options for someone handling this alone. Outside of attempting to negotiate directly or filing a lawsuit on your own, there isn’t much a layperson can realistically do to reverse a denial.
It’s also worth noting that different rules may apply depending on the type of claim. For example, PIP-related disputes may involve arbitration. But for bodily injury claims, the path forward typically involves legal representation and potential litigation.
The answer depends on the path your case takes. If your claim is denied outright and the insurance company does not believe it has value, they are unlikely to reverse course without legal pressure. In many cases, that means filing a lawsuit. Without an attorney, insurance companies may not take the claim as seriously, since most individuals do not pursue litigation on their own.
While it’s possible that continued communication could result in a small settlement offer, that is not always the case, and it may not reflect the true value of the claim.
In practical terms, the timeline depends on whether the matter proceeds into litigation and how your case develops from there.
If the insurance company refuses to offer any compensation, denies the claim outright, and is not engaging in meaningful negotiation, that is typically the point where escalation is necessary. These situations are not uncommon, and they are something attorneys deal with regularly.
At that stage, the appropriate step is to consult with an attorney and consider filing a lawsuit. Legal action is often what prompts the insurance company to reevaluate the claim and engage in settlement discussions. In many cases, taking that step can ultimately lead to a fair resolution.
For more information on Uber accident lawyers in Middlesex County NJ, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (848) 201-3667 today.
Edward Blinder is a New Jersey personal injury attorney who has helped countless clients challenge denied insurance claims and pursue the compensation they deserve. He understands the tactics insurers use to deny or undervalue claims and knows how to respond effectively through negotiation or litigation. With experience handling complex bodily injury cases, Edward Blinder works to demonstrate causation, meet legal thresholds, and build strong cases for recovery.
If your claim has been denied, don’t navigate it alone. Contact Blinder Law today to explore your legal options and take the next step forward.
