It’s common knowledge that insurance companies are more worried about their bottom line than about policyholders or claimants. Insurance providers do not stay in business by paying out every claim that comes their way. Instead, they take every possible measure to deny claims, including car accident claims.

An experienced personal injury attorney can sometimes help car accident victims appeal and overturn claims denials. If your Louisiana car accident claim has been denied, you need to consult with an attorney as soon as possible. Until you have the chance, here are the top ten reasons, in no particular order, why car accident claims are denied in Louisiana.

10. Coverage Does Not Apply

Depending on the circumstances of your car accident, your coverage might not apply, causing your carrier to deny the claim. If the other driver is at fault, it’s possible they do not have mandatory liability coverage. Insurance companies will also look for loopholes in their contracts to deny claims. Other times, the language of the contract has exclusions that you might not have been aware of when you accepted the contract. For example, if another person is driving your vehicle when an accident occurs, your insurance provider might deny coverage.

9. Lack of Evidence

Prevailing in a car accident claim with your insurance company or another driver’s insurance company requires ample evidence to prove damages. Witness statements, medical records, crash reports, and other documents support your claim. Insurance companies will not exhaustively investigate an accident to pay out a claim, so they sometimes deny claims for lack of evidence. An experienced car accident attorney helps clients find the proof they need, making it difficult for an insurance company to deny a claim based on a lack of evidence.

8. Failure to Report Your Car Accident to Law Enforcement

From a legal standpoint, you must report a car accident to the police in Louisiana if injury, death, or more than $500 worth of property damage occurs. If you fail to report the car accident, you should not be surprised if an insurance carrier denies your claim. Failure to report a car accident to law enforcement sends a signal to the insurance company that your accident was not that serious.

7. Our Policyholder Is Not at-Fault

If the insurance company investigation finds their policyholder is not at fault for a car accident, they will deny a claim. In fact, they will try to shift liability to another party. This could include shifting blame to you or another driver if you were involved in a multi-car accident. A car accident lawyer can help you investigate the cause of the accident, sometimes with the help of accident reconstruction experts.

6. Preexisting Injuries

If your insurance claim includes injuries, you can expect the carrier to do what they can to avoid liability for them. One common and questionable tactic insurance providers use is to deny claims based on preexisting injuries. Whether you had a previous injury should not factor into the pain you had to endure from a car accident. An attorney can help you prove that a car accident aggravated existing injuries that otherwise would not have given you issues.

5. Administrative Error

Claim denials that emerge from administrative error sometimes cross over into an insurance company acting in bad faith, which is illegal. A carrier might argue you missed a deadline, filled out a form wrong, filled out the wrong form, or use some other dubious excuse to deny your claim on an administrative basis. They hope that frustrated accident victims give up and drop the claim altogether. Do not let insurance companies frustrate you; hiring legal counsel will ensure they take you seriously.

4. You Contributed to the Cause of the Car Accident

If the insurance company has evidence that suggests you partially or wholly caused the accident that led to your injuries, a good chance exists that they will deny your claim. Sometimes this is a legitimate cause for denial. Many insurance policies include clauses that void your coverage if you engaged in certain types of behaviour. For example, if you were drinking and driving or using the vehicle in the commission of a crime, the insurance company could have reason to deny your claim.

3. Failure to Seek Medical Treatment After the Accident

Medical documentation of your injuries is crucial evidence to support your insurance claim. If you did not see a doctor after the car accident, the insurance company might deny your claim on the basis that your injuries are not that serious. Sometimes accident victims do not realize their injuries for a few days after the accident when they start experiencing symptoms of hidden injuries. Even victims who go to the doctor a few days after a car accident risk an insurance company denying their claim.

2. You Have Overvalued Your Claim

Your insurance claim can not exceed the policy limit. Additionally, if insurance companies feel you have included unnecessary medical treatment or you have overvalued your injuries, they often deny the claim. This forces you to fight the insurance company with an attorney and potentially go to court to receive compensation for your injuries.

1. Statute of Limitations Has Run Out

Louisiana is among the states with the shortest statute of limitations for personal injury claims. You only have one year from the date of your car accident to bring a lawsuit against the driver who harmed you and their insurance company. Failure to file the suit within a year often means you have lost the right to seek dames. If you make an insurance claim against the at-fault driver after one year, the insurance carrier will likely deny the claim because you have no recourse. Exceptions do exist, so make sure to contact a lawyer in this situation.

If you have suffered injuries in a Louisiana car accident and the insurance company has denied your claim, an experienced auto accident attorney from Alvendia, Kelly & Demarest can review your case and provide you with your legal options. Contact us online or call 504-200-0000 for a free consultation.

Why get a Car Accident Attorney?

Experience in dealing with this subject matter counts. An Experienced attorney helps navigate the process, avoid loopholes and protect your different interests. It is best to select the right attorney to handle your case to avoid any harms that might happen during the process. 


Looking for an Experienced Car Accident Attorney in Louisiana?

If you have suffered injuries in a Louisiana car accident and the insurance company has denied your claim, an experienced auto accident attorney from Alvendia, Kelly & Demarest can review your case and provide you with your legal options. 

Backed with years of experience, proven case results, and clients who back our work – We can find the right solution for you. Learn more about the work we do at Alvendia, Kelly & Demarest, and check for your potential fit. If you didn’t find what you were looking for, browse through our other practice areas to find the right fit. 

Dealing with insurance companies can often be a complex process, especially when confronted with certain insurance adjuster tactics. It’s essential to be informed about various aspects of insurance claims, including nuances like rideshare accident compensation. Our firm also delves into diverse areas, shedding light on topics such as the true meaning of Labor Day and significant cases like the Dow Chemical leak action.

What are you waiting for? Contact us online or call 504-618-1632 for a free consultation.


In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.

  • They helped me with every need possible. The back issues I had could have been much worse if they didn’t step in and help me. Bart, Megan, and all the people that work for this legal team are amazing. I would recommend them to anyone. Thank you all for helping me each step of the way. I can’t thank these people enough.

    - T. Gibson-Warren

  • I want to thank the whole team for all your help and persistence with my settlement. I truly appreciate.

    - A. Alfortish

  • Great experiences every time I need you guys. I always recommend your firm.

    - W. Young

  • Bart and his team were wonderful to work with. It was clear that their vision and determination to fight for our case, is why we were able to reach a settlement, where my previous attorney was not.

    - C. Perez

  • Bart Kelly and his legal team reevaluated my case after another attorney backed away from a legal challenge, I just want to say Thank You to mr kelly and his team for the hard work and dedication to my case to make it successful . Thank You

    - N. Gex

  • Attorney Kelly is an impeccable attorney. He has represented me extremely well. I was very, very, very pleased with the outcome of my settlement. He’s highly recommended … to give assistance to anyone. I thank him for his services and I’m super elated over the way he handled the case. He is a phenomenal lawyer.

    - S. Spears

  • I’ve learned the importance of having good coverage insurance, thanks to Mr. Kelly explaining everything to me. We do not hope or wait for accidents, but rest assured that I will call Mr. Kelly again if I need his services. Thank you.

    - Ann Zimmer

  • Being represented by Mr. Kelly and his legal team was a very awesome experience. They were very patient and they worked really hard in resolving my case. I would most definitely refer them to all my friends and associates. Thank you very much.

    - Nathaniel Bonney

  • I am very grateful for Mr. Bart’s assistance. He was very professional and fair. I never felt like a client with him. I always felt like a close friend. Also, I would like to thank everyone in the office for being friendly, kind, and for helping me.

    - Glac Mantuso

  • Just want to say thanks a lot because I received way more than I expected. You guys did a wonderful job of getting the max for myself and my family. Everyone I met or spoke to on the phone was really professional and nice. Once again, thanks a lot.

    - Jessica Quinn

  • J. Bart Kelly is the best attorney I have ever met. He is intelligent, caring, understanding, and knows how to protect his clients. I love his strong take-charge attitude to fight for what is right.

    - Teri Haas

  • My lawyer took the time to explain everything in a clear and concise manner. I’ve been treated fairly and with the utmost respect. I am very appreciative of all of the staff at AKD for their services.

    - James Barber

  • I am grateful for the way that my case was handled. Thanks.

    - Darryl Hill

  • Thanks to Bart and Meg. Fantastic group of people and team. Love you guys.

    - Claudine Hope

  • I was involved in a terrible accident and had a lot of serious injuries. I was so happy that Bart (and his team, including his nurse paralegal) was my attorney. The results were much more than expected as far as the settlement. Thanks.

    - Karen Bourgeois

  • I received exceptional service from the law office of Bart Kelly. He is a great attorney who cares about what you are going through, and I am very pleased with the outcome.

    - Melissa Sanchez

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