Car accidents can be terrifying. Beyond the shock and potential injuries, there’s another hurdle many don’t see coming—the refusal of an insurance company to pay your car accident insurance claim. Believe it or not, insurance companies deny claims more often than you might think. A 2023 study revealed that nearly 15% of car accident insurance claims are denied annually in the U.S. This can leave victims feeling overwhelmed, frustrated, and confused.
Why do these companies refuse to pay? What can you do if it happens to you? The truth is, navigating an insurance claim denial requires knowledge, persistence, and often, legal guidance. Let’s dive into the essential information you need to know if your car accident insurance claim is denied.
Minimum Insurance Requirements in Florida
Think of car insurance as a necessary safety net. You hope you never have to use it, but when you do, it should protect you. However, before jumping into what happens when an insurance company refuses to pay, it’s crucial to understand Florida’s minimum insurance requirements. Knowing these can help you grasp your coverage and how it might be utilized in an accident.
In Florida, drivers must carry a minimum amount of auto insurance to operate a vehicle legally:
- $10,000 for Personal Injury Protection (PIP): This coverage helps pay for medical expenses and lost wages, regardless of who was at fault in the accident.
More: Why is my insurance company denying my $10,000.00 in PIP benefits?
- $10,000 for Property Damage Liability (PDL): This coverage pays for damage to someone else’s property if you are at fault.
Florida is a “no-fault” state, which means your own insurance is primarily responsible for covering your injuries and damages up to the policy limit, regardless of who caused the accident. This minimum coverage is intended to reduce disputes over who is at fault. However, it doesn’t always prevent insurance companies from denying your car accident insurance claim.
What Should I Do if the Insurance Company Denies My Car Accident Insurance Claim?
So, what happens when your claim gets denied? The first step is not to panic. There are several actions you can take to try to overturn the decision. Here’s a step-by-step approach.
- Learn the Reason for the Denial
The first thing to do is understand why the claim was denied. The insurance company will send you a denial letter explaining its reasoning. Read this letter carefully. Some common reasons include lack of coverage, filing errors, or disputes over liability. Understanding the specific reason for the denial is crucial because it determines your next steps. If you’re unsure or disagree with the stated reason, consult a car insurance claim lawyer who can help clarify the situation.
- Communicate With the Insurance Company
Now that you know why your claim was denied, the next step is to communicate with the insurance company—but don’t go it alone. Hiring a Florida car accident attorney to handle this communication is often the best choice. These professionals know how insurance companies operate and understand the tactics they may use to avoid paying claims.
Your attorney will review the denial letter, confirm the reason for the denial, and discuss your options. Often, involving a legal expert will make the insurer reconsider their decision. They know you mean business when you bring a lawyer into the conversation.
- Gather Records and Other Evidence of the Car Accident
You’ll need to prove your case with compelling evidence to overturn a denial. Your lawyer will conduct an accident investigation to collect relevant materials like traffic cam footage, the police report, and witness statements. This evidence is essential to establish the at-fault driver’s negligence, making them liable for damages.
Building a solid case begins with a thorough investigation. Your attorney will use every available evidence to justify your claim, demonstrating that you deserve compensation. This is one area where having an experienced lawyer can make a significant difference.
- File an Appeal or Lawsuit
You may need further action if the insurance company remains firm in its denial. An attorney can help you appeal the decision or file a lawsuit if necessary. Most car accident victims in Florida have up to 24 months to file a lawsuit. Your attorney can guide you on whether it’s best to appeal first or file a lawsuit immediately, especially if the filing deadline is approaching.
- Let an Attorney Help Calculate Your Damages
An experienced attorney will help you calculate the total damages you can seek, including economic, non-economic, and sometimes punitive damages. Here’s a breakdown of the potential types of damages:
- Economic damages cover tangible losses like medical bills, lost income, property damage, and transportation expenses.
- Non-economic damages address the pain and suffering caused by the accident, such as anxiety, depression, and loss of quality of life.
- Punitive damages may be awarded in cases involving gross negligence or reckless behavior, such as a driver engaged in illegal street racing at excessive speeds.
Accurately calculating damages requires understanding the full scope of your losses, which is where a car insurance claim lawyer becomes invaluable.
Contact a Car Insurance Claim Lawyer Today!
If your car accident insurance claim has been denied, don’t give up hope! Legal help is available. At Pacin Levine, P.A., our team of experienced car insurance claim lawyers is dedicated to offering steadfast assistance and advocacy to residents of Florida. Contact us at 1-800-24-7-CRASH (2727) to discuss your situation and explore your legal options.
You don’t have to face this battle alone. Whether it’s negotiating with the insurer or fighting for your rights in court, we are here to help you get the compensation you deserve.
