Getting into a car accident is stressful enough. Finding out the at-fault driver has no insurance makes it worse. But having your own insurance company deny your bodily injury claim after you paid your premiums can feel like a complete betrayal. When this happens, finding a Maine attorney for denied uninsured motorist bodily injury claims becomes necessary to protect your right to compensation. Insurance companies are businesses, and they often look for reasons to minimize payouts or reject claims entirely, even when the policyholder clearly followed the rules.
Why would my own insurance company deny my injury claim?
In Maine, your uninsured motorist (UM) coverage steps in when an at-fault driver lacks insurance. You expect this coverage to pay for your medical bills and pain and suffering. However, claim denials happen frequently. Adjusters might argue that your injuries were pre-existing and not caused by the crash. They may claim your medical treatment was excessive or unrelated to the accident. Sometimes, they deny the claim based on technicalities, such as a missed filing deadline or a dispute over who was actually at fault. Under Maine law, minimum uninsured motorist coverage is required, but having the coverage does not guarantee an automatic payout.
What happens when an adjuster disputes my medical treatment?
One of the most common reasons for denial is a dispute over medical necessity. The insurance company might hire their own doctor to review your records and conclude that you did not need physical therapy or surgery. They might also argue that you had a prior back or neck injury, making it difficult to prove the recent crash caused your current pain. When you look at average uninsured motorist settlement amounts in Maine, the figures vary widely because adjusters constantly challenge the severity of the injuries to lower the final payout.
Can I just sue the uninsured driver directly?
You have the right to take legal action against the person who hit you. The problem is that drivers without insurance rarely have the money or assets to pay a judgment. Even if you win in court, collecting the money can be impossible. Focusing on your own UM policy is usually the more practical route. If you are struggling to cover missed time at work, you might look into the rules for suing an uninsured at-fault driver for lost wages in Maine, but your best source of actual funds remains your own insurance policy.
What mistakes should I avoid after receiving a denial letter?
The worst thing you can do is accept the denial as final and walk away. Insurance companies count on policyholders giving up. Avoid making these common errors:
- Giving another recorded statement: The adjuster may call to "clarify" your claim. This is often a tactic to get you to say something that justifies the denial.
- Signing a medical release: Do not sign broad authorizations that allow the insurer to dig through your entire medical history looking for excuses to deny your claim.
- Missing the statute of limitations: Maine has strict time limits for filing lawsuits against your own insurer for breach of contract or bad faith. Waiting too long eliminates your legal options entirely.
How does legal representation change the outcome?
When an insurer acts in bad faith, they are violating the contract you have with them. By partnering with legal counsel who handles rejected UM claims, you shift the balance of power. A lawyer will request your complete claim file to see exactly why the adjuster made their decision. They will gather strong evidence, including detailed statements from your treating physicians, to prove the crash caused your injuries. If the insurance company refuses to negotiate fairly, your legal team can file a lawsuit or demand arbitration to force them to honor the policy.
Next steps to take after your claim is denied
If you are dealing with a rejected injury claim, take immediate action to preserve your rights and build your case.
- Request a written explanation of the denial from your insurance adjuster.
- Collect all medical records, accident reports, and photos of the vehicle damage.
- Stop communicating directly with the insurance company to avoid accidental admissions.
- Consult an attorney who understands Maine insurance bad faith laws and UM coverage disputes.
- Continue your prescribed medical treatment so the insurer cannot claim you abandoned your recovery.
Average Uninsured Motorist Settlement Amounts in Maine
Suing an Uninsured at-Fault Driver for Lost Wages in Maine
Maximize Uninsured Driver Injury Compensation in Maine
Maine Hit and Run Property Damage Settlements
Contingent Fees for Maine Uninsured Motorist Lawsuits
Statute of Limitations to Sue Uninsured Motorist in Maine