Let’s face it. Dealing with the insurance companies after a car accident, whether you are hurt or not, can be a highly stressful experience. Your accident could have been on I-95, during rush hour, involving multiple cars smashing into you, leaving you incapacitated for months, and the insurance companies will still nickel and dime every item on your claim.
It doesn’t have to be this way. In this article, ourFort Lauderdale car accident lawyers explain how you can fight back against a denied car accident claim in Florida. We’ll explain why insurers deny claims, common tactics they employ, and the practical steps you can take as an accident victim to ensure your healthy recovery and protect your rights to fair compensation.
Florida Car Accident Insurance Coverage
Florida follows a no-fault insurance system. Under that system, all drivers are required to carrypersonal injury protection (PIP) coverage. Any accident you are involved in, you first file a claim with your PIP insurance provider.PIP provides coverage of your medical bills (roughly 80% of necessary care) and some of your lost wages (around 60%) up to the policy limit, which must be at a minimum of $10,000.
Under this system, you may not file a lawsuit or seek non-economic damages.
However, you could step outside this coverage and file a lawsuit if your injuries meet theserious injury threshold. Your injuries would have to cause significant scarring, be a permanent injury, or the loss of a bodily function. This would also include the loss of a loved one.
Seems fair, seems reasonable, right? Not in the insurance companies’ eyes.
Common Reasons Insurance Companies Deny Car Accident Claims
Insurance companies are a business, and adjusters will look for every opportunity to save their company money. The following are some of the reasons insurance companies use to justify a denial:
Disputes Over Fault
Number one on our list is a dispute over fault. Insurers will find every way to argue that their policyholder was not at fault. They will even use laws likeFlorida’s comparative negligence law to shift blame onto you or others.
Alleged Lack of Serious Injury
Next up is downplaying the seriousness of your injuries. They will request access to a victim’s medical records and then try to claim an injury was pre-existing. They will compare vehicle damage to your injuries, claiming that if the car wasn’t too badly damaged, how could you be so hurt? They will also push you to see one of their medical experts for a diagnosis.
Missed Deadlines or Paperwork Errors
If you delay in reporting the accident, use the wrong insurance claim form, or do not complete it correctly, the insurance adjusters will use that as another means to slow, delay, or outright deny your claim. And you must be very careful with what you say during phone calls. Simple, innocent comments that they record can be used later to undermine your claim.
Gaps or Issues With Insurance Coverage
Then there is the legalese they will hide behind. If you miss a payment, whether it is your fault or the bank’s, they will cancel the policy swiftly. They will hide exclusions in your policy and argue with you over your coverage limits.
Claims of Exaggerated or Fraudulent Damages
Finally, some insurance companies will go so far as to conduct surveillance and check your social media accounts. They will take your everyday activities, things you do to get by while you are recovering, and twist them around as proof of fraud.
To the insurers, these are perfectly reasonable actions to protect their company’s interests. They’ll ask claimants for unnecessary documentation, send the claim through multiple reviews, and then still send you a low-ball offer, claiming this is the best you can expect, and if you wait, you’ll lose it.
For the average car accident victim who is hurting and has paid into their policy for years, they’re not looking to cheat the system. They just want help.
How to Fight Back After a Car Accident Claim Denial
Before it gets to this point, though, there are things you can do:
Document Everything
Starting right from the accident scene, start documenting everything you can:
- Call 911 and have a police report made.
- See a doctor immediately for your medical records.
- Take photos, videos, and witness statements.
- Collect repair estimates and receipts.
The more information about your accident and injuries you can gather, and the sooner you do it, the stronger your claim will be.
Be Careful When Communicating With Insurers
When you talk to the police or your insurance company, do not make assumptions about the accident. Do not say it was your fault, or even that you are sorry. And do not give a recorded statement to the insurance companies before speaking with apersonal injury lawyer first.
Work With a Fort Lauderdale Car Accident Lawyer
Car accident lawyers know more than just the law. They know the tactics insurers use to deny claims. They have the staff and resources to investigate your accident, gather and preserve evidence before it is lost or destroyed, and determine your full range of damages. They have the skills to negotiate aggressively on your behalf and the compassion to seek a resolution that suits your needs and goals.
Plus, most offer free case consultation and work on contingency, which alleviates the financial burden on you for legal representation.
Don’t Let an Insurance Denial Be the Final Word
You have rights after a car accident to seek the best possible settlement for your injuries and losses. You do not have to accept a claim denial or even a low settlement offer. You can fight back, and the Law Offices of Wolf & Pravato can help.
We have served Fort Lauderdale for over 20 years, recovering more than $200 million for our clients. Call us today at (844) 643-7200 and receive a free case consultation.