You’re driving through Columbia, South Carolina, minding your own business, when suddenly, another driver crashes into your car. The accident wasn’t your fault, but now you’re left dealing with injuries, vehicle damage, and mounting bills. To make matters worse, the at-fault driver’s insurance company refuses to pay for your damages. If you think, “My car was hit, and their insurance won’t pay,” you’re not alone. This frustrating situation is more common than you might think, but you have options.
Understanding Why Insurance Companies Deny Claims
Insurance companies are in the business of making money, which means they may look for any reason to deny your claim. When the at-fault driver’s insurance refuses to pay, it could be for several reasons:
- Disputing Liability: The insurance company may argue that their policyholder was not at fault for the accident or that you share some responsibility for the collision.
- Insufficient Evidence: If you haven’t provided enough evidence to prove the other driver’s fault, the insurance company may use this as grounds to deny your claim.
- Policy Limits: The at-fault driver’s insurance may claim that the damages exceed their policy limits, leading them to refuse full payment.
What Happens If the Other Driver’s Insurance Company Won’t Pay?
When the at-fault driver’s insurance won’t pay, it’s essential to know that this is not the end of the road. Here are steps you can take to fight back and protect your rights:
- Review the Denial Letter: The first step is to carefully review the denial letter from the insurance company. This letter should outline the reasons for denying your claim. Understanding their reasoning will help you and your attorney develop a strategy to counter their arguments.
- Gather Additional Evidence: If the insurance company claims that there’s insufficient evidence, it’s time to gather more. This might include obtaining a police report, witness statements, traffic camera footage, or even hiring an accident reconstruction expert. The more evidence you have, the stronger your case becomes.
- File a Complaint: In South Carolina, you can file a complaint with the South Carolina Department of Insurance if you believe the insurance company is acting in bad faith. This can sometimes put pressure on the insurer to reevaluate your claim.
- Consider Arbitration: In some cases, your attorney may suggest arbitration as a way to resolve the dispute. Arbitration is less formal than a court trial and can sometimes lead to a quicker resolution. However, having legal representation during this process is crucial to protect your rights.
Taking Legal Action: When Filing a Lawsuit is Necessary
If the at-fault driver’s insurance still refuses to pay, filing a lawsuit may be your best option. Here’s what you can expect if you decide to pursue legal action:
- Filing a Lawsuit: Your attorney will file a lawsuit against the at-fault driver, which the insurance company will then have to defend. This step often prompts the insurance company to reconsider its position, as it may prefer to settle rather than risk a costly trial.
- Discovery Process: During the discovery phase, both sides will gather and exchange evidence. This process can include depositions, interrogatories, and requests for documents. It’s essential to build a strong case against the at-fault driver.
- Negotiation and Settlement: Even after a lawsuit is filed, there’s still an opportunity to settle the case before it goes to trial. Insurance companies often prefer to settle rather than risk losing in court. Your attorney will negotiate on your behalf to secure the best possible settlement.
- Going to Trial: If the insurance company refuses to settle, your case will go to trial. At trial, a jury will hear the evidence and decide whether the insurance company must pay your claim and how much compensation you should receive.
What If the Insurance Company Is Acting in Bad Faith?
South Carolina law requires insurance companies to act in good faith when handling claims. This means they must investigate your claim fairly and promptly and provide a valid reason for any denial. If you believe the insurance company is acting in bad faith, you may have grounds for a separate legal action.
Bad faith claims can arise when an insurance company:
- Unreasonably denies a claim without a valid reason
- Fails to investigate the claim properly
- Delays payment of a valid claim
- Offers an unreasonably low settlement
If you win a bad faith claim, you may be entitled to additional compensation, including punitive damages. A lawyer with experience handling bad-faith insurance claims can help you pursue justice if the insurance company has wrongfully denied your claim.
How Goings Law Firm, LLC Can Help
Dealing with an uncooperative insurance company can be overwhelming, especially when you’re trying to recover from injuries. At Goings Law Firm, LLC, we have a proven track record of success in handling complex insurance disputes and maximizing compensation for our clients.
Our experienced Columbia car accident lawyers will:
- Thoroughly investigate your accident
- Gather and preserve crucial evidence
- Handle all communications with the insurance company
- Negotiate aggressively for a fair settlement
- Take your case to trial if necessary
We understand the physical, emotional, and financial toll a car accident can take on you and your family. That’s why we fight tirelessly to ensure you receive the full compensation you deserve.
Don’t Let Insurance Companies Take Advantage of You
It’s common to feel helpless and frustrated when the at-fault driver’s insurance company refuses to pay for damages caused by your car accident. But remember, you have rights, and you don’t have to face this challenge alone.
The dedicated team at Goings Law Firm, LLC can guide you through every step of the legal process. We’ll work tirelessly to hold the at-fault driver and their insurance company accountable, ensuring you receive the compensation you need to move forward with your life.
Don’t let insurance company tactics deny you the justice and compensation you deserve. Contact our law firm today at (803) 350-9230 or through our online form for a free consultation. Let us put our experience, resources, and determination to work for you. Check our recent victories to know why you should trust us.
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