[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/drtedinjurylaw.com\/blog\/car-accident-lawyer-appeal-claim\/#BlogPosting","mainEntityOfPage":"https:\/\/drtedinjurylaw.com\/blog\/car-accident-lawyer-appeal-claim\/","headline":"Car Accident Lawyer: Do You Have to Appeal a Claim Before You File Suit?","name":"Car Accident Lawyer: Do You Have to Appeal a Claim Before You File Suit?","description":"Some people pride themselves on being the kind of person who would never sue anybody. They trust that, if they get into a car accident, their insurance carrier will take care of them. And, if the other driver was at fault, they assume the other person\u2019s insurance company will cover their injuries. So, when your […]","datePublished":"2022-11-02","dateModified":"2026-02-14","author":{"@type":"Person","@id":"https:\/\/drtedinjurylaw.com\/blog\/author\/drtedinjurylaw\/#Person","name":"Dr. Ted Injury Law","url":"https:\/\/drtedinjurylaw.com\/blog\/author\/drtedinjurylaw\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/14f7cc800041734c3aca325e17ea63d0c49748e9d8d5747966292ce2be53081c?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/14f7cc800041734c3aca325e17ea63d0c49748e9d8d5747966292ce2be53081c?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Dr. Ted Injury Law","logo":{"@type":"ImageObject","@id":"https:\/\/drtedinjurylaw.com\/wp-content\/uploads\/2025\/08\/Dr-ted-injury-law-logo-header-red.png","url":"https:\/\/drtedinjurylaw.com\/wp-content\/uploads\/2025\/08\/Dr-ted-injury-law-logo-header-red.png","width":210,"height":111}},"image":{"@type":"ImageObject","@id":"https:\/\/drtedinjurylaw.com\/wp-content\/uploads\/2026\/02\/car-accident-lawyer-claim.jpg","url":"https:\/\/drtedinjurylaw.com\/wp-content\/uploads\/2026\/02\/car-accident-lawyer-claim.jpg","height":334,"width":500},"url":"https:\/\/drtedinjurylaw.com\/blog\/car-accident-lawyer-appeal-claim\/","about":["Car Accidents"],"wordCount":1015,"articleBody":"Some people pride themselves on being the kind of person who would never sue anybody. They trust that, if they get into a car accident, their insurance carrier will take care of them. And, if the other driver was at fault, they assume the other person\u2019s insurance company will cover their injuries. So, when your insurance claim is denied, you don\u2019t know what to do. Part of you wants to call an\u00a0Augusta car accident lawyer.Another part of you wants to just walk away and chalk it up to a very unhappy learning experience. The truth is that you didn\u2019t do anything wrong. If you truly believe the other driver caused the crash, they should be held accountable. This is something your Georgia injury attorney can do. They\u2019ll fight to make sure you get the compensation you deserve. They don\u2019t care who pays you or why. They just want to make sure you\u2019re not the one holding the bag if it wasn\u2019t your fault.Why Do You Need to Call an Experienced Augusta Car Accident Lawyer?If you\u2019ve recently been injured in a car crash but insurance won\u2019t pay your claim, you have options. You can walk away, being forced to pay for everything yourself. Or you can appeal your claim hoping that the insurance adjuster will change their mind. However, if the same person handling the appeal is the one who denied your claim in the first place, the outcome will probably not be good.At least if you have an Augusta car accident lawyer there with you, the insurance adjuster will take you seriously. They know that you\u2019re not going to sit back and take it. With an attorney by your side, they won\u2019t be allowed to take advantage of you.Give the Insurance Adjuster a Chance to Do the Right ThingWhen you first file your auto insurance claim, the expectation is that it will be paid. If the other driver was at fault, you can\u2019t imagine why your claim wouldn\u2019t be paid. You always paid your premiums. You\u2019ve never been in a car accident before. So why is it you receive a letter in the mail saying that your claim has been denied?You see that you have the option of appealing your claim. You don\u2019t think you can handle this on your own. You finally break down and contact a Georgia injury attorney. One of the first things your attorney will tell you is that the insurance company is not in the business of paying every claim that comes across their desk. In fact, they normally deny a certain percentage of claims anyway. Your claim may just have been one of the lucky few.If it Makes Sense, Your Georgian Injury Attorney Will File an AppealThere are times when it makes perfect sense to file an appeal with the insurance company. For example, if your claim was denied because the insurance company doesn\u2019t think you were hurt, Your Augusta car accident lawyer can demonstrate that this wasn\u2019t the case. All they\u2019ll have to do is prove that the other party was\u00a0negligent.In order to collect damages on behalf of your client, your Georgia injury attorney must show the following four things:The defendant owed you a duty of care \u2013 This shouldn\u2019t be hard to prove in a car accident case. All drivers owe a duty of care to other motorists.They breached this duty of care \u2013 You will have to show that the defendant did something to breach this duty. An example of this could be when the other driver was arrested for DUI at the accident scene.You suffered some sort of injury \u2013 This is why we tell our clients to go to the emergency room immediately after their accident. This way, the defendant\u2019s lawyer can\u2019t blame your injuries on something else.Your injuries were directly caused by the defendant\u2019s breach \u2013 This is similar to proving your injuries. If the defense attorney can argue that something intervened between the time of the crash and the moment you\u2019re treated for your injuries, you could have a problem.Once you\u2019re able to demonstrate these four elements of negligence, you can move on to the discussion of damages.You\u2019re Better Off Letting Your Augusta Car Accident Lawyer Handle ThingsThere\u2019s nothing wrong with trying to handle your car accident claim on your own. It\u2019s not like the law requires you to hire an Augusta car accident lawyer. However, it\u2019s probably in your best interest to have someone by your side who knows the law. For all you know, the insurance company may deny your claim. Or they may only be willing to pay part of your claim.Either way, you\u2019re angry and have no idea what you\u2019re supposed to do next. Thankfully, your Georgia injury attorney knows what options you have available to you.We suggest that you contact our office as soon as possible after your crash. Sit down with one of our August car accident lawyers and let them review your information. In order for them to properly assess your case, make sure to bring the following with you to your free, initial consultation:A copy of the police reportAny correspondence you\u2019ve received from the insurance company or the other driver\u2019s attorneyA copy of your medical records highlighting your injuriesCopies of any bills you\u2019ve received (such as mechanic\u2019s bills, doctor\u2019s co-pays, etc.)Pictures of the damage to your vehicleIf possible, you can even forward this information to your Georgia injury attorney ahead of time. This will give them a chance to review them prior to your initial consultation. You can bet the other driver will have a team of lawyers representing them. The last thing you want to do is go up against them all by yourself. Since your first consultation is free, you have nothing to lose."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/drtedinjurylaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Car Accident Lawyer: Do You Have to Appeal a Claim Before You File Suit?","item":"https:\/\/drtedinjurylaw.com\/blog\/car-accident-lawyer-appeal-claim\/#breadcrumbitem"}]}]