What Difficulties Exist in Handling Insurance Companies in Auto
Accident Claims?
There can be quite a few challenges when dealing with the insurance company after a car crash. From understanding what your policy covers to dealing with denials, it often feels like the car insurance provider has a different set of priorities than your healthy recovery. There is a bit of truth to that. Though they must act in good faith and honor their contractual agreements with their policyholders, their priority is protecting themselves, and that means protecting their profits.
If you have suffered injuries in a car accident and are dealing with the challenges of seeking compensation from your insurance company, a car accident attorney could be a beneficial asset. They understand personal injury law and help injury victims deal with insurance companies.
Understanding Your Car Insurance Policy Coverage
One of the first challenges you will face is understanding what is in your car insurance policy. You will need to review the terms, but here are some basics to get you started.
Florida is a no-fault state, meaning that for any accident you get into, you would file an accident claim with your insurance first. Florida Statute § 627.736 requires all drivers to carry personal injury protection (PIP) and property damage liability (PDL). The minimum value you must carry is:
- PIP: $10,000
- PDL: $10,000
Your PIP will cover 80% of your necessary medical expenses and 60% of lost wages up to the policy limit.
After that, you could have several other policies. For example, though not mandatory, the insurance company you purchased your policy through must offer you uninsured and underinsured motorist coverage. This protects you in case the at-fault driver is uninsured or has insufficient insurance.
For most people, they may have never been in a car accident or ever had to file a claim before. The process and forms may be alien and unfamiliar. That, plus the fact that they are dealing with the injuries they suffered, makes it probable that they could make a mistake.
Frequently, claims are denied for such claim processing issues as:
- Incorrect details of the accident or clerical errors
- Policy exclusions
- Questioning whether your injuries were pre-existing
- Treatment considered medically unnecessary
- Missing insurance filing deadlines
A personal injury lawyer can review your policy and handle the claims process. They can deal with the insurance companies challenges on your behalf.
Disputing Who Is at Fault in Your Car Accident
One particular reason for an insurance company to deny a claim is questions of fault. The insurance company may try to say you were at fault for the accident or place a greater percentage of fault on you for it.
Florida Statutes § 768.81 states that anyone who was 50% or greater at fault in the accident can not recover damages.
To protect yourself, you will need to present evidence of the cause and the party responsible. An auto accident attorney has the resources to investigate and gather the evidence in your case.
Assessing Settlement Offers
Like any company, an insurance company wants to maintain their profits, so they will often offer a lowball settlement agreement to car accident victims. Without knowing all your losses, this offer may seem generous, but you could be leaving behind funds that you are entitled to receive. Your settlement offer should cover your past healthcare and future medical treatments as well as any lost wages while you were recovering.
A Florida auto injury lawyer knows how to assess fort lauderdale car accidents lawyer and determine what a fair settlement offer would be in your case.
Delaying Tactics and the Statute of LImitations
A questionable tactic that some insurance adjusters use is delaying a response. There are various laws that stipulate response times, but insurance companies may be taking their time hoping you will accept a lower settlement value because of your financial and medical situation.
One particular deadline in personal injury claims is the statute of limitations. The statute of limitations is the legal deadline to file a lawsuit against the liable party in your car accident. It is generally two years, per Florida Statutes § 95.11. If you or the insurance company delay too long, and this deadline expires, you may be unable to file a lawsuit at all. The ability to file a lawsuit is often used as leverage during negotiations.
Your fort lauderdale car accident attorney will know the statutes of limitations and the exceptions that affect your car accident case.
Our Car Accident Attorneys Can Negotiate on Your Behalf
The Miami car accident attorneys with the Law Offices of Wolf & Pravato can handle the challenges of dealing with the insurance company in your car accident case. We will investigate the accident, gather evidence of negligence, determine your actual damages, and negotiate with insurers for a fair settlement. We will protect you from questionable insurance tactics, saying anything that could hurt your claim, and make sure to meet all deadlines. Call (954) 633-8270 today or complete our online form for a free case review. Our fort lauderdale auto accident lawyers work on contingency, which means there is no financial risk to you. You pay us nothing unless we recover compensation.
