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Say the Right Thing: Why Car Accident Insurance Claims are Denied

Updated July 25, 2020 | By Wilson Kehoe Winingham staff

After a car or vehicle accident, you will need to contact your insurance company—particularly if the damage was severe or if you had to seek medical treatment for your injuries.

Unfortunately, insurance companies have the option of denying your claim. If they do deny it, they’ll likely tell you why. However, you may be left wondering if you could’ve done something differently or if you have any legal recourse.

Here’s what to say to an insurance company to avoid common reasons that accident claims are denied.

What to Say to an Insurance Company After an Accident

Attorneys do more than just deal with filing legal papers after an accident; they also can give you advice on anything that deals with your case, including communication with those involved in your accident. However, while attorneys take over communication with insurance companies, it is likely that you will have to speak with them yourself first.

When reporting your accident to insurance companies, it’s important that you are careful with what you say to car insurance adjusters:

  • Avoid adding extra information that could be twisted by the insurance company
  • Give short answers, including simple “yes” and “no” responses, when possible
  • Don’t make declarations, such as that you are not injured, unless you know that they are true

Remember that insurance adjusters work for the insurance company. They are not your friend, so be careful what you say.

Four Common Reasons Car Accident Claims Are Denied

There’s no way to predict what an insurance company will say about your claim until you file it, but when a company denies a claim, there are a handful of common reasons for their decision.

Your Accident Was Avoidable

If you could have reasonably avoided the accident, or if your carelessness caused it, the insurance company may decline to pay your claim.

You Didn’t Get Treatment or Have Complaints Immediately After the Accident

An insurance company may argue that if your injuries were a result of the accident, you would’ve seen a physician right after the fact. They may say that they have no obligation to pay your claim.

You Don’t Have a Medical Record of Pain or Injury

If you did seek treatment but your medical record shows no injury and no report of pain, the insurance company may argue that you were not hurt by the accident.

You Have a Preexisting Condition That May Have Caused Your Pain or Injury

If you have a preexisting injury or condition, the insurer may argue that your condition, rather than the accident, caused your injuries and pain.

How an Experienced Car Accident Lawyer Can Help

Insurance companies have teams of attorneys and adjusters dedicated to saving the company money. Without an attorney on your side, it can be difficult to build a successful car accident case or negotiate a fair settlement. That’s why you need legal representation: An experienced car accident lawyer will support you every step of the way.

Don’t go through the car accident lawsuit process alone. We’re here to help.

Contact an Automobile Accident Attorney Today

If you or a loved one have been injured as a result of a car accident, contact an Indianapolis auto accident attorney from Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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Let WKW put our experience to work for you. Contact us for your free case evaluation.


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