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  • What Should an Accident Victim Do If an Adjuster Denies Their PI Claim?

What Should an Accident Victim Do If an Adjuster Denies Their PI Claim?

Elyndarin Zorkal January 24, 2025 4 min read
495
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When you’re injured in an accident, life flips upside down. First, the physical pain. Then, the endless paperwork. And let’s not forget the adjuster’s denial of your personal injury claim—it’s a punch to the gut you didn’t see coming.

Now, you’re stuck wondering, “What’s next?”

Don’t worry; you’re not alone.

Adjusters often play hardball, hoping you’ll throw in the towel. But one of your best options is hiring a personal injury lawyer. This legal professional can help you navigate the appeal process and ensure you have the strongest case possible.

Why Adjusters Deny Claims (And What It Means for You)

To understand your next steps, you’ve got to know why claims get denied in the first place. Here’s the inside scoop:

  • Disputed liability: The adjuster claims their insured wasn’t at fault.
  • Lack of evidence: Missing documents, unclear medical reports, or incomplete accident details.
  • Policy exclusions: Sometimes, the insurer says your incident doesn’t fall under their policy terms.
  • Delays in filing: If you didn’t report the accident or file your claim quickly, they might use that against you.

But here’s the truth: a denial doesn’t always reflect reality. Sometimes, it’s just a tactic to test your resolve. Insurers are, after all, businesses looking to protect their bottom line.

The good news? You can fight back and win.

Step 1: Take a Deep Breath and Analyze the Denial

Start by understanding exactly why your claim was denied. Insurers are required to provide a reason, so read their letter carefully.

Questions to ask yourself:

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  • Did they claim a lack of evidence?
  • Are they arguing about liability?
  • Is there confusion about the policy terms?

Once you’ve identified the issue, it’s easier to strategize your next steps.

Step 2: Build Your Case Like a Pro

Evidence is your best weapon against a denial. If the adjuster claims there’s not enough proof, it’s time to strengthen your case.

Here’s how:

  1. Gather medical records: Your injuries tell the story. Ensure your records are thorough and up-to-date.
  2. Revisit the scene: Photos, videos, and even diagrams of the accident scene can be compelling.
  3. Collect witness statements: Eyewitnesses can add credibility to your version of events.
  4. Get expert opinions: Sometimes, accident reconstruction experts or medical professionals can provide reports that turn the tide.

It’s all about closing gaps in your claim. The more airtight your evidence, the harder it is for the insurer to maintain their denial.

Step 3: Communicate Effectively with the Adjuster

Once you’ve reviewed the denial and beefed up your case, it’s time to reopen the conversation with the adjuster. Be calm, polite, and prepared.

Here’s a script to guide you:

  1. Acknowledge their decision: “I’ve reviewed your denial and wanted to address the reasons you outlined.”
  2. Provide additional evidence: “I’ve gathered more documentation, including updated medical records and witness statements.”
  3. Ask for clarification: “Can you explain exactly what evidence would resolve the issues you’ve raised?”

Keep records of every email, phone call, and document you share. If things escalate, this paper trail will be invaluable.

Step 4: Know When to Call in Reinforcements

If the adjuster still won’t budge, it’s time to level up your approach. A personal injury lawyer can make all the difference. Let’s say you experience a more specific case that requires specialized expertise. A New York City crane accident attorney, for example, focuses on construction-related injuries and can provide the legal guidance needed to navigate complex claims. When it comes to legal battles, having the right expertise makes all the difference.

Here’s why it’s worth considering:

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  • Navigating the legal maze: Personal injury law can be complex. A lawyer ensures you’re following the right steps.
  • Negotiation power: Insurers know that lawyers mean business. They’re more likely to settle fairly when legal counsel is involved.
  • Courtroom experience: If the case goes to trial, you’ll need someone who’s been there before.

And don’t worry about the cost—many personal injury lawyers work on a contingency basis, meaning they only get paid if you win.

Step 5: Stay Resilient

This process can feel long and overwhelming, but persistence pays off. Insurers rely on claimants giving up. By staying proactive and determined, you’re already ahead of the game.

Final Thoughts

A denied claim might feel like a dead end, but it’s not. It’s a detour—a challenge you can overcome with the right tools, mindset, and support.

So, don’t lose hope. Gather evidence. Communicate clearly. And if needed, lean on the expertise of a professional. You deserve fair compensation, and with the right steps, you’ll get it.

Are you facing a claim denial? Don’t let it stop you from fighting for what’s right.

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