10 Reasons Insurance Companies Deny Car Accident Claims (And What You Can Do About It)

"Your claim has been denied."

Six weeks after her accident on I-66, my client read that sentence in a letter from the insurance company. She'd been rear-ended at a red light. Clear liability. She went to the ER the same day. She followed up with her doctor. She provided everything they asked for.

They denied it anyway. Their reason? "Insufficient evidence of causation."

We fought it. We won. But it took four months and a litigation threat to get them to pay what they should have paid from the beginning.

After handling car accident cases across Virginia, DC, and Maryland for over a decade, I've seen insurance companies deny legitimate claims for every reason imaginable.

Here are the 10 most common reasons—and what you can actually do about each one.

1. Treatment Delays or Gaps

The Claim

"If you were really injured, you would have seen a doctor immediately. The delay proves the injury came from something else."

Real Example

Client T-boned in Arlington. Went to the ER that night—cleared and sent home. Three days later, neck pain worsened. She saw her doctor. Insurance argued the three-day gap meant the injury happened after the accident.

What You Can Do

Get medical attention within 24-48 hours. Even if you feel fine. Adrenaline masks pain. Whiplash, concussions, soft tissue injuries often don't show symptoms immediately.

If you already have a gap: Have your doctor document that delayed symptoms are consistent with the type of injury and accident mechanics.

Bottom line: Early treatment = clear causation. Gaps = ammunition for denial.

2. Pre-Existing Conditions

The Claim

"You had back pain before. Your current complaints are from that pre-existing condition, not this crash."

Real Example

Client had herniated disc from rear-end collision on Route 7. Insurance pulled records showing she'd seen a chiropractor eight years earlier for minor back stiffness. They denied the claim, arguing the herniated disc was pre-existing—despite zero evidence of disc problems before the crash.

What You Can Do

Don't sign broad medical authorization forms. Have your attorney limit authorizations to records directly related to the accident.

Get your doctor to differentiate. Medical records should clearly state that current injury is acute trauma from the accident, distinct from any prior unrelated complaints.

Bottom line: Pre-existing conditions don't eliminate claims. Medical experts who distinguish old injuries from new trauma are critical.

3. Contributory Negligence (Virginia & Maryland)

The Claim

"You contributed to the accident. Under contributory negligence, you can't recover anything."

Real Example

Client T-boned by someone who ran a red light in Fairfax. Clear liability. But my client admitted at the scene he "might have been going a little fast." Insurance used that statement to argue contributory negligence. That one phrase made the case exponentially harder.

What You Can Do

Never admit fault at the scene. Don't say "I'm sorry." Don't speculate about speed.

In Virginia and Maryland: Even 1% fault eliminates your entire claim. What you say in the first 48 hours can destroy a legitimate case.

In DC: Modified contributory negligence applies—you can recover if you're less than 50% at fault, but you still need strong evidence.

Challenge with evidence: Photos, witnesses, police reports, accident reconstruction. Prove the other driver was 100% at fault.

Bottom line: Contributory negligence in Virginia and Maryland is insurance companies' favorite weapon.

4. Insufficient Evidence of Fault

The Claim

"Our investigation shows fault is unclear. Claim denied based on disputed liability."

Real Example

Intersection collision in Silver Spring. Both drivers claimed green light. No witnesses. Police report noted "both drivers claim right of way." Insurance denied based on disputed liability.

We found traffic camera footage showing the other driver ran the red light. Claim approved. Without that footage, we'd have been in litigation.

What You Can Do

Gather evidence immediately:

• Photos of positioning, damage, road conditions

• Witness contact information

• Dashcam footage

• Traffic/surveillance camera footage

Don't rely solely on police reports. They're important but not the only evidence.

Get expert analysis. Accident reconstruction can establish fault when initial evidence is weak.

Bottom line: Clear evidence protects against denial. Gather it while it still exists.

5. Disputing Injury Severity

The Claim

"Your injuries are minor. The crash wasn't severe enough to cause serious harm."

Real Example

Client rear-ended at stoplight in DC. Low-speed collision. Minor bumper damage. But she had severe whiplash and herniated disc requiring surgery.

Insurance offered $8,000, arguing the crash wasn't severe enough. We brought in medical experts explaining low-speed rear-end collisions commonly cause significant neck injuries. Settled for $125,000.

What You Can Do

Document symptoms from day one. Detailed records of pain, limitations, daily impact.

Get diagnostic tests. MRIs, CT scans provide objective evidence.

Medical experts explain causation. Have doctors document that injuries are consistent with accident type regardless of vehicle damage.

Follow treatment completely. Gaps give insurance ammunition.

Bottom line: Vehicle damage doesn't determine injury severity. Medical evidence does.

6. Your Own Statements

The Claim

"You said you were fine. That proves you weren't seriously injured."

Real Example

Client rear-ended on Route 50. She told the officer she was "fine"—classic adrenaline response. Two days later, severe neck pain. Three months of physical therapy.

Insurance offered $5,000, quoting the police report: "Driver stated she was fine at scene." We spent months explaining delayed injury onset and adrenaline to get fair settlement.

What You Can Do

At the scene: Never say "I'm fine." Say "I need to be evaluated by a doctor."

To adjusters: Don't give recorded statements without legal advice. Politely decline: "I'll provide information through my attorney."

Bottom line: What you say in the first 48 hours can be used forever. Say less. Document more.

7. Social Media Evidence

The Claim

"Your Facebook shows you smiling at a party. You can't be that injured if you're doing these activities."

Real Example

Client with herniated discs posted photo at baseball game. She was sitting the entire time, couldn't stand for national anthem due to pain, left after three innings.

Insurance used that photo: "She claims she can't sit for extended periods, but here she is at a baseball game." We explained full context and medical records showing increased pain afterward.

What You Can Do

Don't post anything about the accident, injuries, or activities while your claim is active.

Set social media to private (but understand accounts can be subpoenaed).

Don't delete posts. Deleting content can be seen as destroying evidence.

Bottom line: One photo can deny your entire claim. Stay off social media.

8. Policy Exclusions or Coverage Limits

The Claim

"This isn't covered under the policy" or "Policy limits have been reached."

Real Example

Client hit by someone with minimum coverage ($25,000). Medical bills were $40,000. She thought the case was over.

We reviewed her own policy. She had $100,000 in underinsured motorist coverage she didn't know existed. We made a UM claim. She ultimately recovered $85,000 total instead of $25,000.

Her own insurance never told her that coverage existed.

What You Can Do

Get copies of all relevant policies:

• At-fault driver's policy

• Your own auto policy

• Any umbrella policies

• Commercial policies if driver was working

Have an attorney review coverage. Policies are confusing. Lawyers identify what coverage actually exists.

Check your UM/UIM coverage. If the at-fault driver's insurance is insufficient, your own underinsured coverage might fill the gap.

Bottom line: Don't assume the insurance company is telling you everything about available coverage.

9. Failure to Cooperate

The Claim

"You failed to provide requested documentation. Claim denied for non-cooperation."

Real Example

Insurance requested "all medical records from any provider for the past 10 years." Client didn't have records from a doctor she saw once seven years ago. Insurance denied for "incomplete medical records."

We explained the request was overly broad and irrelevant. They withdrew the denial. Many people would have given up.

What You Can Do

Respond to all requests in writing. Keep copies of everything.

If a request seems unreasonable: Push back. "I cannot provide records from Dr. Smith as I have no contact information. Please clarify what specific records you need and why they're relevant."

Have an attorney handle communication. Your lawyer determines what requests are legitimate.

Bottom line: Respond to reasonable requests promptly. Push back on unreasonable ones. Document everything.

10. Statute of Limitations Expired

The Claim

"You waited too long. The statute of limitations expired. Your claim is barred."

Real Example

Client negotiated with insurance for 20 months. They kept saying "we're close to agreement." At 22 months, they made a final lowball offer: take it or leave it.

Client came to me at 23 months. We had 30 days to investigate and file lawsuit. We did it, but it was unnecessarily stressful.

Deadlines in the DMV

• Virginia: 2 years from accident date

• DC: 3 years from accident date

• Maryland: 3 years from accident date (generally)

What You Can Do

Know your deadline. Mark the exact date on your calendar.

Don't wait until the last minute. If you're at 18 months and still negotiating, get legal help.

Don't trust insurance assurances. "We're close to settling" doesn't stop the clock.

File suit if needed. Filing doesn't mean you can't still settle. It protects your rights.

Bottom line: Time limits are absolute. Miss them and your claim is gone forever.

What All These Denials Have in Common

Insurance companies deny claims because denying costs them nothing to try.

Best case (for them): You give up and they pay nothing.

Worst case (for them): You hire a lawyer, they reverse the denial, and pay what they should have from the start.

They're betting you'll:

• Not know your rights

• Not understand insurance law

• Not have resources to fight

• Accept the denial as final

Most denials aren't legitimate. They're strategic.

When Your Claim Is Denied

1. Get the denial in writing. Understand exactly why.

2. Don't accept it as final. Most denials can be challenged.

3. Talk to an attorney immediately. Many denials reverse once a lawyer gets involved.

4. Act quickly. Statutes of limitations still apply even after denial.

5. Document everything. Letters, emails, calls. This becomes evidence.

How to Prevent Denials

• Get medical attention within 24-48 hours

• Follow all treatment recommendations

• Don't give recorded statements without legal advice

• Never admit fault

• Stay off social media

• Don't sign broad medical authorizations

• Gather strong evidence immediately

• Hire an attorney early

• Know your deadlines

• Document every interaction

Bottom Line

Insurance companies deny legitimate claims every day because most people don't fight back.

You don't have to accept a denial.

With proper evidence, legal arguments, and experienced representation, most denials can be challenged and reversed.

You were injured by someone else's negligence. You're entitled to compensation.

Don't let insurance companies use technicalities or strategic denials to avoid paying what they owe.

Next Steps

If your car accident claim has been denied, or if you're worried about protecting your claim from denial, we can help.

At Valor Injury Law, we've represented car accident victims throughout Virginia, DC, and Maryland for over a decade. We've challenged hundreds of insurance denials and recovered millions for clients whose claims were initially denied.

📞 Call (703) 828-0051 for a free consultation

We'll review:

• Why your claim was denied

• Whether the denial is legitimate or strategic

• What evidence exists to challenge it

• What your options are

No pressure. No legal jargon. Just honest answers about what you're dealing with.

Valor Injury Law represents car accident victims throughout Northern Virginia, DC, and Maryland. Tara Umbrino has over 13 years of experience handling personal injury cases exclusively, with hundreds of car accident claims resolved across the DMV area.

Disclaimer: This post is for general information only and does not constitute legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Past results do not guarantee future outcomes.