You may not expect any roadblocks to obtaining insurance benefits for an accident or injury in West Virginia. Filing an insurance claim and following the agent’s directions should lead to a positive outcome. Unfortunately, insurance companies primarily want to save money. This can mean finding any reason to deny an insurance claim. Learn the most common reasons for claim denials in West Virginia to determine if yours is valid or in bad faith. 

Liability Dispute 

If the insurance company does not believe it should be liable, or legally responsible, for your damages, it will deny the claim. The insurance company will look to your state’s liability laws for answers. After a car accident, for example, the company will look at your state’s fault law. West Virginia is a fault state, meaning the party liable for an auto accident will be the person who at fault for causing the wreck. If the company does not believe its policyholder is to blame, it will deny benefits.

Comparative Negligence

In some cases, the insurance company may allege your own comparative negligence for the accident or injury. This defense states that you are partially to blame for the accident. If the insurance company finds proof that you contributed to the accident, it may deny full liability. It may reduce the amount it awards you for your medical bills by your percent of fault or deny the claim altogether. If you wish to argue against the comparative negligence defense, you may do so by requesting an internal or external claim review. 

Lack of Medical Care or Evidence

One of the main types of evidence an insurance company will look for when analyzing a claim is a medical evaluation. It is critical to go to a doctor or hospital immediately after an accident in West Virginia. If you wait days or weeks after your accident to see a medical professional, this shows an insurance company your injuries were not serious, or that they may not be from the accident. With an immediate medical evaluation, on the other hand, it can be easier to prove your injuries resulted from the accident. Obtain copies of all relevant medical records to submit with your insurance claim as evidence. 

Missed Deadline

You will have a deadline for bringing an insurance claim after an accident in West Virginia. Although each company is unique, most require initial claim submissions within one to three days of the accident. If you wait too long to file, the company may deny your claim based on a missed deadline. Act quickly to seek benefits after an accident to avoid this issue. 

Insurance Form Errors

An insurance claim denial may be reversible if the company based its decision on missing information or an error on the insurance form. You may be able to fix the administrative error and resubmit your claim for a different outcome. If you wish to strengthen your claim and avoid this problem from the start, hire a West Virginia injury attorney to fill out and submit the paperwork for you. 

No Coverage Available

Some claim denials occur simply because no coverage is available on the policy. If you are seeking damages from a defendant who does not have insurance or not enough insurance, for instance, the company will deny your claim. Review the terms of the policy you are using before you submit a claim. 

Was Your Insurance Claim Denial in Bad Faith?

An insurance company must give a reason if it decides to deny a claim to benefits. If the reason does not match the details of your case, you may be the victim of insurance bad faith. Bad faith is an intentional wrongdoing by an insurance company to save its investors money. Denying a claim without a valid reason is an example of insurance bad faith. If you suspect bad faith, contact a lawyer for a free consultation. You may be able to bring an insurance bad faith claim.

Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.


  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.


  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!


  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!


  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!


  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.


  • Great lawyers. They helped me with a West Virginia case.


  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!


  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.


  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.


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