Being involved in a car accident is stressful enough—but when the insurance company denies your claim, that stress can quickly turn into frustration and financial anxiety. Suddenly, you’re facing mounting medical bills, costly vehicle repairs, and lost wages without the support you expected.
Unfortunately, insurance companies don’t always prioritize their policyholders’ best interests. But here’s the good news: a denied claim isn’t the end of the road. With the right steps—and the help of an experienced car accident attorney in Omaha—you can fight back and pursue the compensation you deserve.
In this guide, we’ll walk you through why claims get denied, what you can do about it, and how a skilled legal team can help you turn things around.
Insurance companies use a variety of tactics to minimize or outright deny claims. Understanding why your claim was rejected is the first step toward successfully challenging the decision.
Here are the most common reasons claims are denied:
1. Lack of Sufficient Evidence
Insurers often claim there’s not enough proof to support your case, pointing to issues like:
Delayed accident reporting
2. Disputed Liability
If the insurance company argues that their policyholder wasn’t at fault—or that you share fault—they might deny your claim. This is particularly common in:
Rear-end collisions
Multi-vehicle accidents
3. Policy Exclusions or Lapses
Your claim might be denied if:
The policy was inactive at the time of the accident
The driver wasn’t listed on the policy
The accident involved an excluded situation (like racing or DUI)
4. Pre-Existing Injuries
Insurance adjusters often argue that your injuries existed before the accident. Detailed medical records and expert opinions are crucial to counter this tactic.
5. Missed Deadlines
Every insurance policy has specific timelines for filing claims. Missing these deadlines can lead to an automatic denial.
6. Lowball Settlement Offers
Sometimes insurers offer quick, lowball settlements in hopes you’ll accept before realizing the full extent of your damages. Once you sign, you can’t seek additional compensation later.
If you’re facing any of these obstacles, don’t lose hope—an experienced accident attorney near you can help level the playing field.
Getting a denial letter doesn’t mean you have to accept it. Here’s how to respond strategically:
1. Review the Denial Letter Carefully
Start by carefully reading the insurer’s explanation. Look for:
The specific reason for the denial
Policy clauses they reference
Instructions for filing an appeal
Understanding their reasoning will shape your next move.
2. Gather Additional Evidence
Strengthen your case by collecting:
Complete police reports
Medical records clearly linking injuries to the accident
Witness statements
Expert opinions (like accident reconstruction specialists)
3. File an Internal Appeal
Most insurance companies offer an internal appeals process. Submit:
A formal appeal letter
Additional supporting evidence
Documentation of medical expenses, lost wages, and repair costs
Be sure to follow all deadlines closely.
4. Explore a Bad Faith Insurance Claim
If the insurance company denied your claim without a valid reason, you may have grounds for a bad faith lawsuit. A skilled auto accident attorney in Omaha can review your case and advise you on your options.
5. Consult a Car Accident Lawyer
An experienced car accident lawyer in Omaha can:
Represent you in court if needed
Ensure all legal deadlines are met
Being injured in a car accident can be overwhelming—especially when medical bills pile up, you’re missing work, and the insurance company seems more interested in protecting their bottom line than paying your claim. That’s where an Omaha car accident attorney steps in. Their job is to level the playing field, protect your rights, and help you recover the compensation you deserve.
Here’s exactly how an experienced car accident attorney in Omaha can help you:
Free Initial Consultation and Case Evaluation
Most reputable Omaha accident lawyers offer a free consultation to review the facts of your case. During this meeting, the attorney will:
Listen to your account of the accident
Review any documents you have (e.g., police reports, medical records)
Assess the strength of your claim
Explain your legal rights and options
Advise you on next steps without any upfront cost or obligation
Why it matters: It gives you expert insight into your case without risking any money.
Investigating the Accident
A skilled car accident attorney doesn’t rely solely on the insurance company’s version of events. They conduct their own thorough investigation, which may include:
Visiting the accident scene
Gathering physical evidence (photos, skid marks, debris)
Obtaining and analyzing police reports
Interviewing witnesses
Working with accident reconstruction specialists if necessary
Why it matters: A strong investigation builds a strong case—and prevents insurance companies from unfairly blaming you.
Handling All Communications With Insurance Companies
Insurance adjusters are trained to protect their company’s interests—not yours. Your attorney will:
Communicate directly with the insurance company on your behalf
Shield you from manipulative tactics
Prevent you from making statements that could be twisted to hurt your claim
Handle all paperwork, calls, and negotiations
Why it matters: It protects you from common traps and ensures that your rights stay protected.
Proving Liability and Building a Strong Case
To win a settlement or verdict, you must prove that the other party was at fault and that you suffered damages. Your lawyer will:
Gather evidence of negligence (e.g., texting while driving, running a red light)
Collect medical records and expert opinions to show the extent of your injuries
Work with financial experts to document your economic losses (lost wages, medical bills)
Why it matters: Proving fault and damages is critical to securing full compensation.
Calculating the True Value of Your Claim
Many accident victims underestimate what they are entitled to. A qualified attorney will accurately calculate both economic and non-economic damages, such as:
Lost wages and loss of earning capacity
Property damage
Loss of enjoyment of life
Punitive damages (in extreme cases)
Why it matters: Knowing the full value of your claim prevents you from accepting a lowball settlement.
Negotiating Aggressively With Insurers
Insurance companies often offer low settlements hoping victims will accept quickly. Your attorney will:
Present a compelling case backed by evidence
Refuse unfair settlement offers
Engage in tough, strategic negotiations
Only recommend settling when the offer truly covers your damages
Why it matters: You maximize your payout rather than settling for less.
Filing a Lawsuit and Representing You in Court (If Needed)
If negotiations fail, your Omaha car accident attorney can file a lawsuit and take your case to trial. They will:
Draft and file court documents
Cross-examine witnesses and present evidence
Argue your case persuasively before a judge or jury
Why it matters: The threat (or reality) of going to court often motivates insurers to offer better settlements.
Advising You Every Step of the Way
Legal processes can be confusing and stressful. A trusted attorney:
Keeps you informed
Answers your questions
Advises you on the pros and cons of different options
Helps you make informed decisions, not emotional ones
Why it matters: It gives you peace of mind during a difficult time.
Handling Special Situations
An Omaha car accident lawyer can also assist if your case involves:
Uninsured/underinsured drivers: Helping you make a claim against your own insurance if necessary
Handling Special Situations Hit-and-run accidents: Navigating complex investigations
Wrongful death claims: Assisting families after fatal accidents
Bad faith insurance claims: Suing if the insurer refuses to act fairly
Why it matters: Specialized knowledge ensures no important detail is overlooked.
You should seriously consider hiring an attorney if:
Your claim is denied without clear justification
You suffered serious injuries (such as head trauma from a car accident)
The insurance company disputes who was at fault
You suspect the insurer is acting in bad faith
Many firms, including ours, offer free consultations, so there’s no risk in getting legal advice early.
Protect your rights by avoiding these critical mistakes:
If an internal appeal doesn’t resolve the issue, you still have options:
1. Filing a Lawsuit
You can take legal action to demand the compensation you deserve. Nebraska’s statute of limitations is:
4 years for personal injury claims
2 years for wrongful death claims
2. Mediation or Arbitration
Alternative dispute resolution methods can sometimes lead to faster, less costly outcomes.
3. Bad Faith Insurance Claims
If your insurer violated Nebraska’s insurance laws, you may be entitled to additional damages.
At Inkelaar Law, we understand how devastating a denied insurance claim can be. Our Omaha personal injury attorneys have extensive experience helping accident victims secure the compensation they deserve.
We have a proven track record of success in:
When you work with us, you’re not just hiring a lawyer—you’re gaining an advocate who will fight tirelessly on your behalf.
We offer free consultations to evaluate your case and explain your best path forward.
If your car accident claim was unfairly denied, don’t give up. Get the support you need to fight back and protect your future.
Contact Inkelaar Law today for a free case review—and let’s take the first step toward justice together.
Book an Appointment with Our Team
A denied car accident claim can feel like a setback—but with the right strategy and strong legal support, you can still pursue the compensation you deserve.
By understanding the reasons for denial, acting quickly, and partnering with an experienced car accident attorney in Omaha, you can turn the situation around and move forward with confidence.
Don’t wait—your recovery and your future are too important.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
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