A car accident is every driver’s worst fear whenever they get behind the wheel. Unfortunately, accidents can still happen even with rigorous traffic regulations and safe driving practices. While some are minor, severe crashes can have devastating consequences—on you, the other parties involved, your loved ones, and your ability to work and earn a living.
Due to the potential for a car accident to significantly alter anyone’s life, carrying auto insurance with adequate coverage is mandatory in Toronto and throughout Ontario. Under the province’s “no-fault” insurance policy, your insurance company would pay out coverage benefits for injuries, regardless of who was at fault.
But what happens when your insurance claim is rejected? Discover how a car accident attorney can help you claim the benefits you are legally entitled to.
Quick Overview: How to File an Auto Insurance Claim
The first step to claiming accident benefits is understanding your auto insurance policy—how to file a claim and when you should file (and why deadlines are critical) to dispute a denied claim effectively.
Understand Your Auto Insurance Coverage and Rights
First, ensure you always have a copy of your auto insurance policy and understand your coverage, rights, and responsibilities.
Car accident insurance is mandatory in Ontario, with a minimum of $200,000 third-party coverage for third-party liability. It also includes coverage for statutory accident benefits, direct compensation for property damage, and coverage for uninsured automobiles.
File an Auto Insurance Claim
Following a car accident, you must report the accident to your auto insurance provider within seven days. Failure to report the accident promptly can result in denying your claim. This means losing crucial coverage for injuries and medical treatment, lost wages and earning potential, and property damage, leading to devastating life outcomes for you and your loved ones.
To file a car accident claim, you need the following information:
- Your auto insurance policy number
- The make, model, year, registration, and license plate number of your vehicle
- Names, driver’s license numbers, and auto insurance information of all drivers involved
- Date, time, and location of the accident
- Injuries sustained
- Number and personal information of passengers involved
- Name and badge number of responding police officers.
Once your auto insurance claim is filed, a claims adjuster will contact you to complete a Proof of Loss form. They will then determine the coverage you will receive based on your claim. For benefits to be paid out, they will first determine who is at fault, considering your and the other driver’s actions and responses to traffic and weather conditions and other contributing factors to the accident.
Why Car Accident Insurance Claims are Rejected
Auto insurance is designed to protect you in the event of an accident. It provides the coverage you need to recover from injuries, deal with property damage, and maintain financial security.
Unfortunately, it doesn’t always fulfill its purpose—claims can get rejected, leaving you without this necessary financial cover. But if it’s designed to protect you, why do claims still get rejected?
Here are some reasons why insurers reject car accident claims:
- Coverage issues: The amount of the liability damage exceeds your policy coverage limit, in which case you would be liable for the balance.
- Questions about your injury: Insurance companies tend not to pay out accident benefits only if there is sufficient proof of the extent or nature of your injuries, mainly if there is no medical documentation of fractures, contusions, whiplash, and other car accident injuries.
- Fraudulent claims: Insurance companies are on high alert for fraud, so claims with insufficient documentation on the details of the accident, injuries, and other damages are quickly rejected.
Next Steps: What to do if Your Car Accident Claim is Rejected
A rejected car accident insurance claim should not condemn you to the lifelong devastating impacts of a crash. If you believe your claim was wrongly rejected, you can dispute the insurance company’s decision with the help of a personal injury attorney knowledgeable in car accident claims. Follow these steps:
- Consult a car accident attorney
Consult a personal injury attorney skilled in car accident claims immediately. The sooner you seek legal advice, the more informed you will be about the insurance claims process, the benefits you are entitled to, and your rights under Ontario law. A car accident attorney can review your accident and insurance claim details and determine if you have sufficient grounds for appeal and filing a car accident lawsuit. - Gather evidence in support of your claim
Collect all documents related to your car accident and insurance claim. These include information submitted in the accident report, medical records of your injuries and treatment, and the claim you filed.
Your car accident attorney will examine all of these documents and identify any gaps or errors that may have resulted in the rejection. These include incomplete or incorrect form use, missed filing deadlines, and a lack of documents or evidence related to your injuries and lost wages. Your attorney will gather these documents to correct errors and initiate appeals. - Resubmit your car accident claim
Under Ontario’s Insurance Act, you are legally entitled to resubmit an auto insurance claim that was previously rejected due to non-compliance. Your insurance provider is compelled to reconsider the resubmitted claim, now with complete documentation.
Your car accident attorney can handle this process, ensuring that the benefits you are entitled to will be paid out, including the amount lost during the period of non-compliance. They will also assist you with explaining the initial non-compliance within ten days of the notification to ensure that your claim is reconsidered. - File an appeal with the Licence Appeal Tribunal (LAT)
Suppose your appeal is still rejected or your insurer determines you should not continue receiving accident benefits. In that case, a car accident attorney can help you dispute this decision by filing an appeal with the Licence Appeal Tribunal (LAT). Your attorney will advocate for your financial recovery and seek compensation for medical bills, rehabilitation and therapy, attendant care, lost wages, and other losses due to a rejected claim.
Rejected car accident claim? Contact Lawyer For Car Accident
At Lawyer For Car Accident, our car accident attorneys are dedicated to advocating for your best outcome, in and out of the courtroom. Our attorneys are here to help you claim the rightful benefits you are legally entitled to so you and your loved ones can begin the road to recovery after a devastating car accident in Toronto.
We can help you dispute a rejected insurance claim and ensure that benefits are paid out, along with any damages for your added suffering throughout this entire ordeal. Through our vast network of legal, medical, and rehabilitation professionals, we can build a solid legal claim to aid in your recovery.
Was your car accident insurance claim rejected? Please book a consultation with our personal injury attorneys in Toronto to dispute your denied insurance claim.