What to Do When the At-Fault Driver’s Insurance Won’t Pay Your Claim
When you’re involved in a car accident caused by another driver, you expect their insurance to cover your damages. However, it’s common for the at-fault driver’s insurance company to deny or delay your claim, leaving you frustrated and financially burdened. This detailed guide explores why insurance companies deny claims, the steps you can take to fight back, and how to protect your rights to ensure fair compensation. Whether dealing with property damage, medical bills, or lost wages, this article will empower you to navigate the complex claims process effectively.
Reasons the At-Fault Driver’s Insurance May Deny Your Claim
Insurance companies are in the business of minimizing payouts. Here’s why they might refuse to pay:
- Disputing liability – They claim their insured wasn’t at fault.
- Insufficient documentation – Missing medical records, photos, or repair estimates.
- Policy exclusions – The driver’s insurance may not cover the specific incident.
- Claiming shared fault – Under Florida’s modified comparative negligence rule, you may recover nothing if you’re found more than 50% at fault.
- Lapsed or canceled policy – The at-fault driver’s coverage may have been inactive during the crash.
- Uninsured or underinsured motorist – The driver had no valid insurance or minimal coverage.
Step-by-Step Guide: What to Do Next
1. Understand Florida’s No-Fault Insurance Rules
Florida is a no-fault insurance state, meaning your Personal Injury Protection (PIP) insurance pays for initial medical expenses and lost wages, up to $10,000, regardless of who caused the accident. But suppose your injuries are severe (e.g., permanent injury, significant scarring, or loss of bodily function). In that case, you can step outside the no-fault system and pursue compensation from the at-fault driver’s insurance.
2. Gather Strong Evidence
Insurance companies are more likely to pay when you present solid evidence that proves their insured party was at fault. Make sure you collect:
- The police report
- Medical records and bills
- Photos of the accident scene and damage
- Witness statements
- Traffic camera or dashcam footage (if available)
3. Don’t Give a Recorded Statement Without Legal Advice
The insurer may ask you for a recorded statement. Be cautious. What you say can be used against you. It is wise to speak with a Florida car accident attorney before making any statements on the record.
4. File a Claim Through Your Insurance (If needed)
If the at-fault driver’s insurance refuses to pay and you have collision coverage or uninsured/underinsured motorist (UM/UIM) coverage, your insurer may step in and pay for the following:
- Vehicle repairs or replacement
- Medical bills beyond PIP limits
- Lost wages
- Pain and suffering (with UM/UIM)
You can then pursue subrogation, where your insurance company seeks reimbursement from the at-fault party.
5. Consult an Expert Florida Personal Injury Insurance Claim Lawyer
At Williams Law, P.A., our personal injury lawyers can help you:
- Investigate and prove liability
- Communicate with the insurance company.
- Demand full compensation
- File a personal injury lawsuit if needed
- Navigate Florida’s modified comparative negligence laws
Important: As of March 2023, Florida law limits your ability to recover damages if you are found more than 50% at fault. That’s why having an attorney who can fight against unfair blame tactics is critical.
What Damages Can You Recover from the At-Fault Driver?
If successful, you may be entitled to compensation for:
- Medical bills
- Future medical care
- Lost wages and reduced earning ability
- Pain and suffering
- Vehicle repair or replacement
- Emotional distress
Real Life Example
A distracted driver slams into your car. He apologizes, the police blame him, but his insurer says you swerved into his lane. They won’t pay. You dug up traffic cam footage showing he ran a red light, filed a claim with your insurance, and threatened to escalate. Suddenly, they’re willing to talk. Evidence and persistence can turn the tide.
- Protect Yourself Moving Forward: Add uninsured/underinsured motorist coverage to your policy—it’s a safety net for situations like this. A dashcam can also be a game-changer, proving what happened.
Why Hire Williams Law, P.A. Personal Injury Lawyers?
At Williams Law, P.A., we understand the frustration and anxiety of dealing with an uncooperative insurance company. Our team of experienced accident lawyers is dedicated to helping you fight for the compensation you deserve. Here’s why you should consider hiring us:
- Over 30 years of Experience in Insurance Litigation: We specialize in personal injury and car accident claims, bringing knowledge and experience to every case. We understand insurance companies’ tactics to avoid paying claims and know how to counter them effectively.
- Personalized Attention: At Williams Law, P.A., we believe in providing personalized legal services. We take the time to understand your unique situation and tailor our approach to meet your specific needs. You are not just another case number to us; you are a person who deserves justice.
- Aggressive Advocacy: We are committed to fighting for your rights. Our expert insurance litigation lawyers are skilled negotiators and, when necessary, fearless litigators. We won’t back down from taking your case to court if that’s what it takes to get you the compensation you deserve.
- No Upfront Fees: We work on a contingency fee basis, meaning you don’t pay us unless we win your case. This allows you to pursue justice without worrying about upfront legal costs.
- Proven Track Record: We have a proven track record of securing favorable client settlements and verdicts. Our success is built on our dedication to achieving the best possible outcomes for those we represent.
More Personal Injury Resources from Williams Law, P.A:
Conclusion: Don’t Let the Insurance Company Intimidate You
You still have powerful options if the at-fault driver’s insurance won’t pay. Whether the issue is a denied claim, an unfair settlement, or a stalled negotiation, you deserve a full recovery for what you’ve lost. Don’t settle for less.
If you’re getting the runaround from an insurance company, we’re here to help. Our experienced Florida car accident attorneys will review your case, help you gather evidence, negotiate with the insurance company, and, if necessary, file a lawsuit to ensure you receive the compensation you deserve. Call us at 1-800-451-6786 or fill out our online contact form.
