Find A Lawyer Legal Articles Attorney Login

What to Do When the Insurance Company Denies a Car Accident Claim in Florida

Offered by The Law Offices of Casey D. Shomo, P.A.

Steps to take that can help you recover financial compensation

A car accident can leave victims overwhelmed, not only by physical injuries and mounting medical bills but also by the challenges of dealing with insurance companies. When an insurance company denies a claim, the situation becomes even more frustrating and uncertain. In Florida, denials are not uncommon, but they are not always final. Understanding how to respond and challenge a denial can make the difference between financial hardship and securing rightful compensation.

Although the claims process can feel intimidating, there are steps accident victims can take to fight back and improve their chances of success. With the right action and input from an experienced Florida car accident lawyer, a denied claim may be overturned.

Why insurance companies deny car accident claims

Insurance companies are profit-driven businesses, and their priority is to protect their bottom line – not to look out for accident victims. While they may appear cooperative on the surface, insurers often deny claims as a strategy to minimize payouts, especially for high-cost accidents. These denials can leave victims frustrated and overwhelmed, particularly when they feel the decision is unjust. Here are some of the most common – and revealing – reasons why insurance companies deny claims:

  • Expensive claims are fought harder: If a claim involves severe injuries, significant vehicle damage, or long-term costs, insurers often push back harder to avoid paying out large sums. The more money at stake, the more likely they are to scrutinize and dispute the claim.  
  • Disputed fault: Insurers may argue that the victim caused the accident or is partially to blame, reducing or eliminating their liability. They might also use statements or incomplete evidence to build a case against the victim.  
  • Policy loopholes: Adjusters often comb through policy details to find any reason to deny coverage. For example, they might claim the accident is not covered because of specific policy exclusions or technicalities.  
  • Missed deadlines or incomplete documentation: Failing to report an accident promptly or leaving out critical paperwork gives insurers a convenient excuse to deny claims.  
  • Pre-existing conditions: Insurers may allege that injuries were not caused by the accident but stemmed from prior conditions, even if this is not true.

Insurance companies often frame denials in ways that seem final or legally binding, but these explanations are not always accurate or fair. Denial letters frequently use vague language to obscure their true reasoning, which makes it essential for victims to carefully examine the insurer’s arguments.

Understanding these tactics is the first step in fighting back. Victims who know why their claim was denied – and how insurers operate – can take meaningful steps to challenge the decision and pursue the compensation they need. 

Steps to take after a claim denial

A denied claim can feel like an insurmountable setback, but responding quickly and strategically can turn the situation around. Every step matters, and approaching the process with focus and preparation is essential.

  1. Review the denial letter thoroughly: The first step is to carefully review the denial letter to understand the insurer’s reasoning. By comparing the denial with the terms of the policy, victims can identify inconsistencies or inaccuracies in the insurance company’s decision. Pinpointing the exact reason for the denial lays the foundation for any appeal or next steps.
  2. Gather and strengthen evidence: Evidence is key to disputing a denial. If the claim was denied due to insufficient proof, additional documentation can make a strong case. Essential evidence often includes police reports, crash scene photos and videos, medical records, and eyewitness statements.
  3. Contact an attorney: Insurance companies are well-versed in strategies to minimize payouts, and fighting a denial alone can feel overwhelming. Consulting a personal injury attorney early in the process can provide essential guidance. Attorneys understand how insurers operate and can identify weak points in their reasoning, helping victims strengthen their claims. 
  4. File a formal appeal: Most insurance policies include an appeals process for denied claims. Filing an appeal involves submitting evidence and explaining why the denial was incorrect. Victims should pay close attention to deadlines and procedural requirements, as failure to comply can result in a missed opportunity to challenge the denial.

These steps require time and attention to detail, but they are essential to countering an insurer’s arguments. Victims may find that assistance from an experienced car accident lawyer helps ensure no critical evidence or steps are overlooked.

Common mistakes that undermine a denied claim

When challenging a denied claim, avoiding common errors is just as important as taking the right steps. Mistakes can weaken a case or even eliminate the chance of success. Watch out for these common errors:

  • Assuming the denial is final: Many victims mistakenly believe they have no recourse after a denial, but most denials can be appealed.
  • Delaying action: Waiting too long to gather evidence or respond to the insurer can harm the case and reduce the chances of success.
  • Inconsistent or incomplete statements: Insurers will scrutinize every statement made during the claims process. Contradicting oneself or providing incomplete information can damage credibility.
  • Handling the claim alone: Insurers are adept at taking advantage of unrepresented claimants who may not fully understand their rights or options. 

By avoiding these pitfalls, accident victims can significantly improve their chances of success. For those unsure how to proceed, professional guidance can make all the difference.

How a personal injury lawyer can help

Challenging a denied claim often requires extensive knowledge of insurance policies, accident investigation, and negotiation – skills that personal injury lawyers bring to the table. Lawyers know how to counter insurance adjusters’ tactics, present compelling evidence, and strengthen cases with support from experts like accident reconstructionists and medical professionals. If insurers remain uncooperative, attorneys can escalate the case to court, often prompting a fair settlement. With an experienced lawyer, victims stand a much better chance of overturning a denial and securing the full compensation they need.

However, not every claim denial requires immediate legal intervention, but certain circumstances make consulting a lawyer essential:

  • When the insurer disputes liability or claims the victim is at fault.
  • If the insurer questions the severity of injuries or denies medical expenses.
  • When the settlement offer is far below what the victim needs to cover their losses. 

Reaching out to a lawyer early in the process can help victims understand their rights, avoid costly mistakes, and develop a strong strategy for challenging the denial. Many personal injury lawyers offer free consultations, making it easier to explore options without financial risk.

Never let a denied claim derail recovery

A denied car accident claim in Florida is not the end of the road. By reviewing the denial, gathering evidence, and taking deliberate steps to appeal, victims can challenge the insurer’s decision and fight for the compensation they need. The process may be difficult, but with the right support, it does not have to feel impossible. Professional guidance can turn an uphill battle into a manageable process, helping victims secure justice and rebuild their lives.

Never let a denied claim stop you from getting the compensation you deserve. Contact a Florida car accident lawyer to schedule a free consultation and get a clear understanding of your rights and the compensation you are entitled to seek.

Car Accidents Assistance
The Law Offices of Casey D. Shomo, P.A.
Power Profile
About

The Law Offices of Casey D. Shomo, P.A. offers personalized legal services in Palm Beach Gardens, FL, focusing on personal injury and wrongful death cases. Mr. Shomo and his team ...