Why Insurance Companies Deny Florida Accident Claims
You were involved in a car crash as a result of another driver’s negligence. Then why is their auto insurer denying your claim for property damage and medical expenses? Most likely, because the insurance company is disputing who was actually at fault in the accident, whether your injuries were really caused by the accident, or whether your requested damages are excessive.
One of the greatest frustrations that victims injured in Florida auto accidents face is when an insurance company delays or denies payment of costs related to a collision caused by their insured. There are several reasons why an insurance company would elect to pay or deny an accident claim. A primary reason is because they believe their insured may not have caused the accident or been completely at fault.
Florida is a “comparative fault” state, which means that the amount of compensation recovered by the injured party—in this case, you—will be reduced by the percentage you are found to be at fault for a crash.
Another reason for denial of an auto claim is that the insurance company may not believe your injuries are causally related to the accident or might argue that you are seeking excessive damages. For example, if the company believes that your injury or ailment predated the accident, it will likely deny your claim. Similarly, if it deems your medical costs to be unreasonable or unnecessary, payment may be denied.
An insurance company also may deny your claim if you do not follow your policy’s stated procedures for reporting claims, or if you have made false or misleading statements regarding your policy. Insurers regularly deny claims if they were not promptly notified of the accident or if you made a false statement—even inadvertently—at the time you obtained the policy, if the statement is material to the insurer’s assumed risk.
Finally, an insurance company may deny a claim because the insured party does not have adequate coverage to pay for the damages. Florida’s minimum liability coverage requirements may not be enough to fully cover the damages incurred in an auto accident.
A Qualified Florida Accident Lawyer Can Help You Get the Compensation You Deserve
At Pawlowski//Mastrilli Law Group, our vast experience handling Florida car accident cases has provided us with unique insight into how auto insurance companies operate. Insurers typically try to find ways to reject claims, including using an injured party’s past medical history as a basis to resist settling the case. This is why it is important to discuss with your attorney how much and what kind of information you should turn over to the insurance company. It is especially important to never sign a medical authorization form, which releases all of your medical history to the insurance company, without first speaking to your lawyer.
Denial of auto-related insurance claims is fairly common and is not always an indication of the true merits of a case. A skilled accident lawyer can evaluate your case and determine why a claim may have been denied. When a legitimate claim has been denied, a lawsuit may be the best course of action.
If the denial is found to be unreasonable, an insurance company can be held liable for failure to cover a claim, and if it has denied a claim or refused to settle in bad faith, punitive damages may even be possible.
Do You Need Help with a Denied Florida Car Accident Claim?
The Tampa car accident attorneys at The Pawlowski//Mastrilli Law Group represent Floridians who have been seriously injured in auto accidents but have had their claims denied by the insurance carrier for the responsible party. Don’t accept an insurance company’s evaluation of the merits of your case. Call us today so we can help get you on the road to receiving the compensation you deserve.