Why Are Some Wrongful Death Claims Denied by Insurance Companies?
Insurance companies deny wrongful death claims in Roseville for several common reasons, including disputed liability, allegations that the deceased caused the accident, arguments that the accident didn’t cause the death, coverage disputes, challenges to who filed the claim, missed deadlines, insufficient evidence, and disagreements over damages. Understanding more about why claims get denied is the first step toward challenging one.
Insurance Companies May Dispute Liability
The insurer may simply argue that its policyholder didn’t cause the fatal accident. Liability disputes are especially common when multiple people or entities may have contributed to what happened, and the insurer can point to conflicting witness statements, unclear accident reports, or limited physical evidence.
The Insurer May Blame the Deceased
Insurance companies may argue that the deceased caused or contributed to their own death, for example by speeding, unsafe driving, ignoring warnings, or failing to use reasonable care. If supported by evidence, these arguments reduce the value of the claim.
The Insurance Company May Argue the Death Was Not Caused by the Accident
Sometimes an insurer accepts that an accident happened but disputes that it actually caused the death. This argument often arises when the deceased had serious preexisting medical conditions or survived for a period of time after the incident. Medical records, autopsy findings, treating physicians, and expert testimony are often critical to establishing causation.
The Claim May Be Denied Because of a Coverage Dispute
An insurer may argue the policy didn’t cover the person, vehicle, property, or event involved. Common coverage disputes include policy exclusions, lapsed or canceled coverage, disagreements over who qualified as an insured, commercial versus personal use, and whether the accident occurred during a covered activity.
The Insurer May Claim the Wrong Person Filed the Claim
California law limits who may bring a wrongful death action. Eligible claimants generally include the surviving spouse, domestic partner, children, and certain other family members depending on the circumstances. An insurer may challenge a claim if the person seeking compensation lacks legal standing to file it.
The Claim May Have Been Filed Too Late
Wrongful death claims are subject to strict statutes of limitations. In most California cases, the deadline is two years from the date of death. Claims involving a government entity can have additional and much shorter requirements, including a requirement to present a government claim within six months in many cases. Missing an applicable deadline can jeopardize the family’s right to recover.
The Insurance Company May Say There Is Not Enough Evidence
A wrongful death claim requires proof of a legally wrongful act, causation, damages, and the claimant’s legal right to recover. Insurers may deny claims when they believe any of these elements is weak. Missing records, lost video, unavailable witnesses, or incomplete medical documentation can all make a claim harder to prove.
The Insurer May Dispute the Amount of Damages
Sometimes the insurer doesn’t deny liability outright but disputes what the family should receive. These disputes often involve lost financial support, lost household services, funeral and burial expenses, and loss of companionship. Insurers commonly argue that future financial losses are speculative or unsupported.
A denied claim isn’t always the end. If your family’s wrongful death claim was denied, call our firm today for a free consultation and let us review the denial and explain what options may still be available.