What Can I Do if the Insurance Company Denies My Car Accident Claim?

You’ve been injured in a car accident. You’ve filed the insurance claim, submitted your documentation, and waited for a response—only to receive a letter saying your claim was denied.

If this happens, don’t panic—and don’t give up. Insurance companies deny valid auto accident claims all the time. That doesn’t mean you’re out of options. At Hess Injury Law, we help people throughout Oregon challenge wrongful denials and fight for the compensation they’re owed after a car crash.

If your auto insurance claim was denied, here’s what you need to know—and why hiring a lawyer early can make all the difference.

Why Do Car Insurance Companies Deny Claims?

Car insurance companies are businesses. The less they pay out in claims, the more profit they keep. Some denials are valid. Many are not. Here are common reasons auto insurers deny injury claims:

1. They Say You Caused the Crash

One of the most common tactics is to blame you for the collision. Oregon follows a modified comparative fault rule, which means you can still recover damages as long as you were less than 51% at fault. But insurers often overstate your role to avoid paying altogether.

2. They Claim There’s No Coverage

Sometimes the insurer claims the driver wasn’t listed on the policy, the policy lapsed, or the vehicle wasn’t covered for the type of use involved. This can happen in accidents involving borrowed vehicles, commercial use, or rideshare situations.

3. They Dispute the Severity of Your Injuries

Even if they accept liability, the insurance company may argue that your injuries weren’t serious or were unrelated to the crash. This is common in cases involving soft tissue injuries like whiplash, back strain, or delayed symptoms.

4. They Claim You Waited Too Long

Insurance adjusters may say that you waited too long to seek medical care or that you delayed reporting the crash—then use that delay to justify denying your claim. Even if your injuries didn’t show up right away, they may try to use that against you.

5. They Use Bad Faith Tactics

Some denials are simply dishonest. The company may fail to investigate properly, ignore evidence, or delay communication without reason. These bad faith tactics aren’t just frustrating—they’re grounds for legal action.

What to Do if Your Car Accident Claim Is Denied

1. Don’t Assume They’re Right

A denial letter is not the final word. It’s often the start of negotiation. Many injury claims are initially denied but later paid after an appeal or lawsuit. Do not walk away without legal review.

2. Request a Detailed Denial Explanation

Ask the insurance company to provide a written explanation for why your auto injury claim was denied. This will help your attorney identify weaknesses in their reasoning and begin building your response.

3. Gather Your Documentation

Preserve everything related to the crash, including:

  • The police report
  • Medical records and bills
  • Photos of the scene and vehicles
  • Witness information
  • Vehicle repair or damage estimates
  • Communications with the insurance company

4. Contact a Car Accident Lawyer Immediately

This is the most important step. Having a lawyer on your side after a denial changes everything. Insurers treat unrepresented claimants very differently than they treat attorneys who are prepared to file suit.

How a Lawyer Can Help With a Denied Car Accident Claim

At Hess Injury Law, we focus on representing people hurt in car crashes—and we know the tactics insurers use to deny claims. Here’s how we help:

We Review the Denial and Insurance Policy

We examine the denial letter, crash details, and all relevant policy language to determine whether the insurer acted within the law—or whether they’re just hoping you’ll give up.

We Handle All Further Communication

You don’t have to talk to the adjuster again. We step in, deal directly with the insurance company, and make sure everything is documented properly.

We Appeal or File a Lawsuit

If negotiations fail, we’re ready to file a personal injury lawsuit and take the case to court. We know how to gather the evidence and expert testimony needed to prove both liability and the full extent of your damages.

We Explore Additional Coverage Options

We check for other coverage that may apply—such as underinsured or uninsured motorist benefits on your own policy. Many clients don’t realize these benefits exist until a lawyer uncovers them.

What Compensation Can You Recover After a Car Accident?

If your denied claim is reversed or your case is successfully litigated, you may be entitled to compensation for:

  • Medical bills (current and future)
  • Lost wages and diminished earning ability
  • Pain and suffering
  • Emotional distress
  • Property damage (vehicle repair or total loss)
  • Disability, scarring, or loss of quality of life
  • Wrongful death benefits, if you lost a loved one in the crash

We don’t accept lowball offers. We prepare every case with the assumption it may go to trial—because that’s how you get real value in negotiations.

How Long Do You Have to Fight a Denied Auto Insurance Claim in Oregon?

The statute of limitations for most car accident injury claims in Oregon is two years from the date of the crash. However, if you’re dealing with uninsured/underinsured motorist coverage, your policy might impose contractual deadlines that are much shorter.

You should never wait. The sooner a lawyer steps in, the more likely you are to recover full compensation—and avoid procedural pitfalls.

Don’t Let an Insurance Company Decide What Your Injuries Are Worth

When an insurance company denies your car accident claim, it’s not the end. It’s a strategy. At Hess Injury Law, we help crash victims challenge denials, cut through insurance red tape, and recover the compensation they’re entitled to under Oregon law.

If your car accident claim was denied, contact us through our website today to schedule your free consultation. You don’t pay unless we win.

Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.

Author Bio

Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.

Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.

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