Studies show that more than 95% of all personal injury cases are settled before they get to a courtroom. You may wonder: What happens in the 4-5% that do not settle? There are a number of reasons that an insurance company may not settle a personal injury claim, including these six examples.
- There May Not Be Enough Evidence
- There May Be a Pre-Existing Condition
- They Have a Hidden Strategy
- There May Be Filing Issues
- There is a Lack of Coverage
- The Plaintiff Refuses
Most of the time, if an insurance company refuses to settle a personal injury claim it is because they do not believe that the injured party has enough proof to show that they were injured by the party involved. There are a variety of types of evidence that may be used, including testimony from witnesses, video surveillance, and the findings of an accident reconstruction expert. The right personal injury attorney may be able to help gather evidence that the injured party is not aware is available.
If the insurance company uncovers evidence that the injuries a person is suing for may be pre-existing then they may not pay the claim. This can be very complex in issues involving an injury that did exist before the accident but was made worse by it. Once again, it will be up to your personal injury attorney to prove your case.
It is not uncommon for an auto insurance company to use strategies to try and delay the settlement. This could involve asking for detailed information they do not need, or taking the maximum amount of time to get a counteroffer back. These are an attempt to frustrate you enough that you will simply accept what they offer or walk away without one at all.
There are rules regarding how and what must be filed for your claim. Some of these rules are set by the state and others are set by the insurance provider. If you do not follow these rules to the T, then you may have your claim denied. Yet another reason to work with a personal injury attorney.
If the insurance company believes that their client did not have valid coverage then they may not settle it. For example, if the accident happened the day after the coverage lapsed, or the day before coverage started, then they may say they do not have the legal obligation to pay the claim.
Just because the insurance company does not end up settling does not necessarily mean they were not willing to – it may just mean that the plaintiff would not accept an offer that was reasonable. This may happen if a plaintiff has unreasonable expectations about what they are owed. Your personal injury attorney can help ensure you get the maximum compensation are owed but that you also know when you hare receiving the best settlement you are likely to get.
