Skip to main content

Wisconsin Car Accident Claim Denied | Eisenberg Law Offices

What To Do if Your Wisconsin Car Accident Claim is Denied

The first step after a car accident is generally to file a claim with the insurance company, but sometimes a claim is denied.. In this post, we will share the six most common reasons an auto accident claim is denied in Wisconsin and how to appeal the decision.

The 6 Most Common Reasons Wisconsin Auto Claims Are Denied

Car accident claims are denied for many reasons in Wisconsin, but denials typically fall into one of the following categories:

  1. The accident was avoidable. If the insurance company determines that the accident was avoidable, they may not pay out under the policy. Insurance companies view the following as reason to deny a claim:
    1. Your actions contributed to the accident.
    2. You did not take appropriate action to avoid the accident.
    3. You acted in a manner that rendered your coverage ineffective, such as driving while intoxicated or while distracted.
  2. There is disputed liability. An insurance company does not want to pay out on a policy is there is a possibility that their policyholder was not responsible for it. If there isn’t enough evidence to establish liability, the insurance company may deny the claim.
  3. There isn’t enough information, or information is missing. Insurance companies have very strict procedures that they follow to determine claim eligibility. Part of these procedures includes reviewing specific information and accident documentation. If any piece of information that the insurance company has requested is missing or incomplete, it is justification enough to deny the claim. Always review claim procedures carefully and double-check that you have followed the instructions and provided the requested information to support your claim.
  4. The accident was influenced by a pre-existing condition. This is a common reason for denying medical coverage under an auto policy. The argument goes that the pre-existing condition is causing you pain and suffering, not the accident injuries. Do not let this argument dissuade you from pursuing a claim. If the injury was aggravated or exacerbated by the accident, it is possible to successfully file a claim with help from an attorney who is experienced in dealing with these matters.
  5. The accident was not reported in a timely manner. Accidents must be reported to the insurance company within a certain timeframe. If you miss that deadline, the claim can be denied. Every policy is different, so check your policy soon after the accident to see how long you have to file a claim.
  6. Your insurance policy excludes this type of claim. Some policies list specific exclusions. . If the injury you are trying to obtain coverage for is on this list, the claim may be denied. Check the fine print on your policy or talk to your insurance agent to determine what is and is not covered by the policy.

      Bad Faith Lawsuits

      If the claim is denied and you are unable to obtain more information from the insurance provider, you may be able to pursue a bad-faith lawsuit. Bad faith lawsuits occur when the insurance company does not fulfill its obligations to you as a policyholder. You will need to prove that your claim was mishandled or you were treated unfairly to win this type of lawsuit. Pursuing a bad-faith lawsuit is best handled by a personal injury attorney who specializes in accident or insurance claim lawsuits.

      Speak With An Eisenberg Law Attorney For Help With Your Car Accident Claim

      Do not let a denied claim prevent you from pursuing compensation for a car accident. If you believe you are eligible for coverage under your policy or think there has been a bad faith decision made by the insurance company, contact the Wisconsin accident attorneys at Eisenberg Law Offices.

      We offer free consultations so we can learn about your case and advise you of your options before you commit to anything. Call 608-256-8356 or email to arrange your free consultation today.



      Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.