What If Your Insurance Denies Your Car Accident Claim in Florida?
Dealing with a car accident is stressful enough, but having your insurance claim denied can make the situation even more frustrating. If your insurer refuses to cover your damages, it is important to understand why the denial happened and what steps you can take to challenge it. Florida law provides options for policyholders to dispute unfair claim denials and seek compensation.
At High Stack Law, our dedicated Florida motor vehicle accident attorneys can help you with insurance denials. We know the tactics insurance companies use and how to hold the driver financially responsible for their actions.
Common Reasons Insurance Companies Deny Car Accident Claims
Insurance companies may deny claims for several reasons, including:
- Liability Disputes: If the insurer believes you were at fault or partially responsible for the accident, they may deny your claim.
- Policy Exclusions: Some policies have exclusions that prevent coverage for certain types of accidents.
- Lapsed Coverage: If your policy was inactive at the time of the accident, your claim will be denied. There may be exceptions that can save your claim.
- Failure to Report the Accident on Time: Florida law requires drivers to report accidents promptly. Delayed reporting can lead to claim denial.
- Insufficient Evidence: If you do not provide enough documentation, such as photos, witness statements, or police reports, the insurer may reject your claim. This may often be resolved by complying with additional requests for documentation.
- Pre-existing Damage: If the insurer suspects that the damage existed before the accident, they may refuse to pay. Claims of preexisting damage are often a tactic to attempt to deny coverage.
Just because a company gives you a reason to deny your claim does not mean they are correct. Many “reasons” are simply tactics to save money for the insurer.
Steps to Take If Your Car Accident Claim Is Denied
If your insurance company denies your claim, do not panic. You have options to challenge their decision:
1. Review the Denial Letter
Your insurer must provide a written explanation for the denial. Carefully review the letter to understand their reasoning. An attorney can also provide a critical analysis that can determine the next best steps.
2. Gather Evidence
Collect all relevant documents, including:
- Photos of the accident scene
- Witness statements
- Police reports
- Medical records (if applicable)
3. Contact Your Insurance Company
Reach out to your insurer to clarify the denial. Sometimes, claims are denied due to missing paperwork or misunderstandings. Provide additional documents if they are requested.
4. File an Appeal
Most insurance companies have an appeal process. Submit additional evidence and request a reconsideration of your claim.
5. Consult an Attorney
If your appeal is unsuccessful, consider hiring a Florida car accident attorney. They can negotiate with the insurer or file a lawsuit if necessary.
6. File a Complaint with Florida’s Department of Financial Services
If you believe your insurer is acting unfairly, you can file a complaint with the Florida Department of Financial Services.
Can You Sue Your Insurance Company for Denying a Claim?
Yes, if your insurer wrongfully denies your claim, you may have grounds for a bad faith insurance lawsuit. Florida law requires insurance companies to handle claims fairly. If they fail to do so, you can seek compensation through legal action.
Speak to a Florida Car Accident Insurance Attorney for Assistance
A denied car accident claim does not mean you are out of options. By understanding the reasons for denial and taking the right steps, you can challenge the decision and fight for the compensation you deserve. If you need legal assistance, consulting an experienced Florida car accident attorney can help you navigate the process.
Consult a Florida car accident lawyer at High Stack Law for help. Contact us today for a consultation of your case.