What to Do if My Car Was Hit and Their Insurance Won’t Pay Me?

Dawn Pinnisi

June 26, 2024

In a no-fault state like New Jersey, each driver involved in a car crash must pay for their medical bills, lost wages, and other injury-related costs. The injured party obtains compensation by filing a claim against their personal injury protection (PIP) coverage.

Even so, the at-fault party must pay the other party’s vehicle repair costs. Despite the other driver’s negligence, their insurer may refuse to cover the losses. If this happens to you, you can protect your right to compensation by seeking legal representation.

A trusted New Jersey car accident attorney can file a claim on your behalf and negotiate with the insurer. They can handle your injury claim and vehicle damage claim to ensure you receive full compensation. If you are thinking: my car was hit and their insurance won’t pay me? Then seek legal help right away!

Typical Reasons Why Insurance Won’t Pay

Here are a few reasons why an insurer may deny your claim:

Policy Exclusions

Every auto insurance is unique, with applicable limitations and exclusions. The at-fault party’s insurer may reject your claim on the account of seeking damages for an excluded cause. For instance, some commercial auto insurance plans do not cover accidents when a driver uses the vehicle to run personal errands.

Missed Deadlines

Insurance companies require policyholders to file claims within a reasonable time frame after an accident. Many sources of evidence disappear immediately after the accident, making it difficult to verify the facts of an incident. The at-fault party’s insurer may reject your claim if it is too late after the accident.

Insufficient Evidence

Although the at-fault party is responsible for paying accident-related expenses, there must be proof to demonstrate their fault. You must table various sources of evidence, including police accident reports, witness statements, images of the scene, and video surveillance footage.

Insufficient Coverage

Some accidents result in severe damages, which may escalate beyond the at-fault party’s insurance coverage. The insurance company may only table an offer up to the policy limit or reject your vehicle damage claim.

In such a situation, you should consult a car accident attorney for legal advice on how to proceed. While you may not obtain additional money from the at-fault party’s insurer, a lawsuit can provide options for compensation.

The Insurer Believes You Were At Fault

When a car crash occurs, the negligence of both drivers could have contributed to the accident. As the insurance adjuster conducts post-accident investigations, available evidence may point to the party mainly at fault for the accident.

If the insurer believes the accident occurred because of your negligence, they are unlikely to pay the resulting accident-related losses.

What to Do After a Car Accident?

Your immediate actions after an accident can enhance your safety and protect your right to compensation.

Here are a few things to do after a car accident:

  • Move yourself and the vehicle to the side of the road if it is safe to do so
  • Contact 911 or an ambulance if someone has sustained injuries
  • Get in touch with the local police department to inform them about the accident
  • Gather accident-related information, including images of the vehicle damage and contact details of those involved
  • Seek medical attention if you’ve sustained an injury
  • Inform your own insurance company about the accident
  • Hire an experienced car accident attorney to evaluate and handle your car accident claim

Tips to Get Payment From the Insurance Company

If you believe you held a valid claim that an insurer denied without justification, seek legal advice from someone with relevant experience. An attorney can handle the appeal process, discuss your rights, and file a lawsuit against the insurer if necessary.

Here are a few tips to get payment from an insurance company:

  • Gather evidence, including videos, photos, police accident reports, and documentation, to demonstrate the damage.
  • Contact the insurance adjuster, who may reconsider the denial of the claim rather than face legal action from your attorney.
  • Follow the applicable appeal procedures with the insurance company, which may involve a written application and supporting documentation completed within a specific timeline.
  • Use mediation to resolve the dispute instead of filing a lawsuit.
  • Sue the insurer of the at-fault party for bad faith practices and the compensation you deserve.

Get Representation from an Experienced New Jersey Car Accident Attorney

In some situations, the at-fault party should compensate injured victims for their accident-related losses. Don’t let an insurance company run out the clock on your injury claim. Instead, speak to an experienced car accident attorney from Varcadipane & Pinnisi, P.C., who has a strong reputation for representing injured victims.

Contact us online or at (201) 588-1500 for a free consultation.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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