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When an insurer denies your car accident claim, your first order of business is to understand the reasons for the denial. Your lawyer can review the insurance company’s reasons and challenge them with facts and information that were either ignored or missed. An insurer may reconsider the claim when an experienced lawyer frames it in a way that is not as readily dismissed.
Our car accident attorneys at Kogan & DiSalvo can ensure that your insurance company treats you fairly. We could use our extensive resources and experience to level the playing field to reach a fair settlement. However, if the insurer refuses to settle at a reasonable amount, we will file a lawsuit to recover the total compensation you are due. Contact us for a free consultation, and let us know how we can help you.
What are some common reasons that insurance companies give for denying claims?
Florida is a “no-fault” car insurance state. Drivers are required to carry personal injury protection (PIP) insurance that covers their losses and injuries sustained in accidents. In theory, PIP insurance should reduce disputes with insurers, but in practice, insurers have been known to deny claims because the injured party:
- Did not report the accident within the time limits stated in the underlying PIP policy.
- Failed to seek medical care immediately after an accident.
- Has claims that are higher than the limits stated in a PIP policy.
- Is not an “insured party” under the PIP policy at issue.
- Was driving under the influence of intoxicating substances or violated some other traffic law, and that violation was a substantial cause of the accident.
- Missed a payment of an insurance premium.
Further, an accident victim might inadvertently give their insurance carrier a reason to deny coverage when they first report the accident and are interviewed by an insurance company representative. You can prevent that from happening when you retain a Florida car accident lawyer immediately after your accident. Your lawyer will then handle all interactions with your insurance company to confirm that nothing you report will be used as a basis to deny your claim.
When should an accident victim report a claim to an insurance company?
Your PIP insurance policy will specify how quickly you must notify your insurer about your car accident. Most policies give you only a few days to speak with your insurer and file your claim. If you do not understand your policy, ask your insurance agent or a Florida car accident attorney for clarification.
Remember that the time limit for reporting your accident to your insurance company is set by your insurance contract and is different from the two-year deadline for filing a Florida car accident lawsuit. If you miss the reporting or filing deadline, you may be barred from recovering an insurance settlement and damages from a negligent party. In addition, the insurance company will have a legitimate reason to deny your claim. You can prevent this from happening when you hire a car accident lawyer who can advocate for you.
How else can a car accident lawyer help when your claim has been denied?
As noted above, when an insurer denies your car accident claim, your first order of business is to understand the reasons for the denial. Your lawyer can review the insurance company’s reasons and challenge them with facts and information that were either ignored or missed. If the insurer persists in denying your claim, your lawyer can elevate it through the insurer’s internal appeal processes and address each stated basis for the denial.
If the insurer is improperly denying your claim, your lawyer can also file a lawsuit against the insurer for bad faith. If that lawsuit succeeds, the insurer will be ordered to pay the insurance compensation you are claiming plus additional damages for bad faith denial of a legitimate claim.
Call Kogan & DiSalvo if Your Florida Car Accident Insurance Claim Has Been Denied
We are aggressive advocates for injured Florida motorists in Southeastern Florida. Please call us to speak directly with one of our car accident lawyers if an insurer has denied your claims. If you retain our services and we accept your case, we will immediately contact the insurer that issued the denial and commence the fight to get you the insurance recovery you deserve. We work on a contingency basis, so there are no upfront legal fees.
