In Virginia, you are entitled to compensation for your injuries if a negligent driver caused your bicycle accident. Unfortunately, the insurance company could deny your claim—even if you have a strong case. You must understand the leading reasons the insurance adjuster might use to refuse to pay claims so that you know if they deny your claim unfairly. You should also retain an experienced car accident lawyer in Norfolk who can help you build a winning case and fight with the insurance company.
Five Leading Reasons Your Bicycle Accident Claim Could Be Denied
While some insurance adjusters deny claims for valid reasons, others do so when the insurance company is obligated to pay the claim. If your claim is denied, you cannot assume that the insurance company’s reason is valid. Here are five top reasons your claim might be denied:
- The insurance policy lapsed. If the negligent driver’s insurance policy was not in effect at the time of your bicycle accident, your claim would be denied. Unfortunately, this is a valid reason for denying a victim’s claim.
- Another incident caused your injuries. If you did not obtain prompt medical treatment, the insurance company could argue that another incident caused your injuries. However, this may not be true. The symptoms of some injuries, like a traumatic brain injury or spinal or back injury, may take days or longer to develop.
- You have not proved negligence. The insurance company could argue that you failed to prove the other driver’s negligence or that you were partially or completely at fault in causing the bike crash. Virginia follows a harsh contributory negligence law prohibiting you from obtaining any damages if you were even one percent at fault in causing the accident. Because of this rule, insurance companies love to raise this argument to deny valid claims.
- You waited too long to sue. The statute of limitations to file a lawsuit for your injuries is two years from the date of your bicycle collision. If you wait too long to sue the negligent driver, the insurance company will deny your claim, and the judge will most likely dismiss any lawsuit you file.
- Your claim exceeds the policy limits. While the insurance company is only liable to pay you up to the insurance policy limits, they are not allowed to deny your claim just because its value is more than the policy limits.