After a Florida car accident, you may be able to file a claim with your insurance company or the at-fault driver’s insurer to recover compensation for your injuries and damages. Insurance companies are responsible for covering the costs associated with a car accident, including medical and repair costs. However, in certain situations, an insurance company might reject an auto accident claim, forcing the claimant to cover all accident-related expenses on their own. In Florida, auto accident claims may be denied for various reasons. Understanding these reasons can help you avoid certain mistakes and strengthen your case.
- Not Reporting the Accident on Time
In Florida, you are required to report your car accident to your insurance company within a certain period. The specific timeframe varies based on your policy, but in most cases, policyholders are required to report their accident within 24 to 72 hours. One of the main reasons an auto accident claim may be denied is failure to report the accident to your insurance company on time. If you wait too long to report your accident, it could raise questions about the validity of your claim.
- Claim Falls Outside of the Policy
If your auto accident claim falls outside your policy limits, your claim may be denied. If a portion of your claim falls within the policy limits, the adjuster may accept that portion only and deny the rest. Before filing a claim, it is important to understand what your policy covers.
- Disputes Over Liability
In Florida, you can only file an auto accident claim against another driver if they were at fault (at least partially) for your accident. Florida law follows a modified comparative negligence law that allows you to recover compensation from a defendant as long as you are not more than 50% at fault. The insurance company may deny your claim if the other driver’s fault is unclear or contested. Fortunately, in such a situation, an attorney can help gather evidence and build a strong case to prove the other driver’s fault and protect your right to compensation.
- Pre-Existing Injuries
An insurance company may argue that your injury was not caused by the accident in question. They may argue that you are seeking compensation for a pre-existing injury. While having a pre-existing injury does not automatically bar you from filing a claim, you need strong evidence showing how the accident aggravated your condition. An experienced attorney can help you gather strong evidence to prove your claim.
- Insufficient Evidence
Insurance companies require sufficient evidence to approve claims. Your case may be denied if you lack sufficient evidence to prove liability and/or damages.
- Suspicion of Fraud
Lying to an insurance company, including by exaggerating injuries or providing false documentation, is considered fraud and can result in your claim being denied. Even an honest mistake can be interpreted as fraud, so it is best to work with an attorney who can ensure your claim is accurate and truthful. On top of your claim being denied, you might face criminal charges if the insurance company suspects fraud.
Legal Help Is Available
Our Fort Myers car accident attorneys at The Pendas Law Firm have the knowledge and experience to develop a strong strategy to prevent a claim denial or respond to one. Contact us today to discuss your case.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Miami, Tampa, Jacksonville, Ocala, Orlando, Bradenton, West Palm Beach, Daytona Beach, Naples, and Melbourne areas.
Source:
flhsmv.gov/traffic-crash-reports/crash-dashboard/
