State law requires every driver in Florida to carry liability insurance. It is designed to cover the damage an at-fault driver causes in an accident. Therefore, if another driver’s negligence harmed you, their policy should pay for the damages. However, it is typical for the at-fault driver’s insurance company to deny a claim.
You weren’t at fault in this accident, and the last thing you would ever imagine happening is the other driver’s insurance company denying liability. Unfortunately, it does happen, and we are here to help you know what to do if this does happen.
Insurance companies, for the most part, are primarily concerned with their bottom line instead of your well-being. Unfortunately, this profit-over-policyholders approach can lead to unreasonable claim denial.
Reasons The Other Driver’s Insurance Company Might Deny Your Claim in Florida
Lack of Coverage
In these situations, the insurance company has no obligation to cover your damages. If the other party failed to pay premiums, thus allowing their policy to lapse, the insurer may claim there was no insurance coverage at the time of the accident. In this case, you must rely on uninsured motorist coverage for compensation.
Damages Exceed Coverage
Every insurance policy has limits, and the liability policy held by the other driver is no exception. Even when the insurance company acknowledges that their driver was at fault, they will refuse to pay any damages above the policy limit.
Disputed Liability
The most common reason for the other driver’s insurance company to deny your claim is a dispute over liability. Often, insurers will take the word of their driver. This can result in a refusal to pay your claim even when you are sure they are at fault.
Pre-Existing Conditions
If the insurer believes your injuries were pre-existing or unrelated to the accident, they may deny your claim. This can be a complex issue; you may need medical documentation to prove the connection.
Fraud: Insurance companies treat all claims as potentially fraudulent until proven otherwise. They may opt to deny your claim if they uncover anything that raises suspicion of potential fraud.
What Should I Do if The Other Driver’s Insurance Company Denies my Claim After a Car Accident?
If the at-fault driver's insurance company denies your claim, hiring a lawyer will be crucial in seeking the compensation you deserve.
Review Denial Reasons
Our lawyers will carefully review the denial letter and assess the reasons provided by the insurance company for denying your claim. Understanding the specific grounds for denial is essential for building a case.
Engage in Communication
Personal injury lawyers are skilled in negotiating with insurance companies. We work and communicate on your behalf, presenting a well-documented case and arguing for the validity of your claim. Legal professionals who specialize in insurance disputes understand the tactics insurers use and can navigate through them effectively.
Gather Evidence
We will work with you to gather all relevant evidence related to the accident, including photographs, eyewitness statements, police reports, medical records, and any other documentation that supports your claim. This evidence will strengthen your case and address the insurance company's concerns.
File an Appeal
Filing an official dispute with the at-fault driver's insurance company involves submitting additional evidence, explanations, or legal arguments to contest the denial.
Calculating Damages
We have handled many car accident claims and will assign an accurate value to help you estimate the damages you are entitled to, including medical expenses, property damage, lost wages, pain, suffering, and more.
Negotiate a Settlement
As insurance lawyers, we are experienced in negotiating settlements. We will leverage our knowledge of personal injury law and insurance company practices to ensure you are adequately compensated for your damages.
Explore Alternative Dispute Resolution
If negotiations with the insurance company are unsuccessful, we may suggest alternative dispute resolution methods such as mediation or arbitration. These processes can be more practical and cost-effective than going to court.
File a Lawsuit
Our personal injury lawyers can file a lawsuit against the at-fault driver if all else fails. This legal action may be necessary to compel the insurance company to fulfill its obligations. Your attorney will guide you through the litigation process, ensuring your rights are protected.
Advice on Uninsured/Underinsured Motorist Coverage
If the at-fault driver's insurance cannot cover the damage, we will advise you on the potential use of your own uninsured/underinsured motorist coverage.
The Importance of Legal Representation After a Car Accident
When faced with a denied insurance claim after a car accident in Florida, hiring a lawyer is not just a strategic move – it's a critical step towards securing the compensation you rightfully deserve. Remember that each case is unique, and the appropriate course of action may vary based on the specifics of your situation.
Have You Been Injured In A Florida Car Accident? Williams Law, P.A. Is Here To Help
If you or a loved one has been hurt in car accident, you should speak with an experienced Florida car accident lawyer as soon as possible. Please get in touch with us online or call our Florida law office at 800.451.6786 to schedule your free consultation. We help Florida residents like you who have been injured in a motor vehicle accident, slip and fall, or other accident resulting in an injury. Remember, we work on a contingent basis, meaning you don't pay us anything until we win your case.
