Getting a denial letter after you’ve been injured in an accident is the last thing you expect. You did everything right, reported the accident, got treatment, filed the claim, and now they’re telling you no.

First, know that a denial is not a verdict. It’s a position, and positions can be challenged. What you do after that letter arrives will decide whether you recover what you’re owed or walk away with nothing.

DO Read the Denial Letter Word for Word

Insurance companies have to give you a reason for a denial. Common grounds include disputed liability (if you’re 51% liable for an accident, the insurer doesn’t owe you anything), an alleged lapse in coverage, a claim that your injuries aren’t related to the accident, or claiming that you failed to meet a filing deadline.

DON’T Give a Recorded Statement without an Attorney

After a denial, an insurance adjuster may contact you and ask for a recorded statement to “review the claim further.” Don’t do it, at least not without an attorney present. These statements are used to find inconsistencies in your account that can be used against you. Even an accurate answer to an ambiguous question can be used to damage your case. You’re not required to provide one, either.

DO Gather Everything You Have

Pull together your medical records, treatment notes, bills, the police report, any photos from the accident scene, witness contact information, and any letters or other documents from the insurer.

Residents throughout the Geneva area, including in Batavia and St. Charles, often don’t realize how much documentation they already have, or how much more they could collect. Those documents are central to making your case.

DON’T Miss the Deadline to Appeal or File Suit

Illinois has a statute of limitations for personal injury claims (usually two years from the date of the accident). However, internal insurance appeal deadlines can be much shorter, and missing them can forfeit your right to contest the denial in some cases. Act fast and don’t wait to see if the insurer changes their mind.

DO Consult a Personal Injury Attorney

You should never go through something like this without an experienced attorney. They can review the denial letter, identify whether it’s legally sound, gather and organize the evidence needed to counter it, and communicate with the insurer on your behalf.

If your injury claim has been denied, O’Brien Law can help. Contact us today for a free, no-obligation consultation.