Unfortunately, insurance companies sometimes deny Fort Lauderdale car accident lawsuits, and they do so for various reasons.
If you receive a denial letter from your insurance carrier, you should:
- Talk to your attorney about filing an appeal – if an insurer denies your claim, we can appeal its decision and provide the insurer with additional evidence to consider.
- Could you determine why the insurer denied the claim and use the reasoning to file your appeal?
Call us at 1-800-747-3733 for assistance if your insurance company denies your claim. The attorneys at Anidjar & Levine are happy to discuss your case and let you know your options.
Why Did My Insurance Company Deny My Claim?
Insurance companies are for-profit businesses that look for ways to cut costs whenever possible. One way is to reduce payouts or deny car insurance claims altogether. This means the insurance company always seeks reasons to reject your claim.
The reasons for denial will vary depending on the type of coverage.
- Unfortunately, your policies do not cover the accident in question. Many accidents fall under different forms of coverage, including liability coverage or collision coverage, which Florida law does not require. As a result, insurance companies deny many people’s claims because they do not have the coverage they need. However, whether your accident falls under your policy is a judgment call, so you have every right to dispute the insurer’s decision.
- The other driver had no insurance, and you do not have Uninsured Motorist (UM) coverage. Similar to the previous reason for denial, the insurer may deny your claim if you do not have the appropriate coverage.
- You drove under the influence at the time of the accident, or you otherwise intentionally caused it. Insurers award no-fault benefits regardless of fault. However, there are exceptions. If the insurer believes that you purposely caused the crash or were under the influence at the time, it may deny your claim for Personal Injury Protection (PIP) benefits.
- You were driving without a driver’s license or not driving in a car you own at the time of the accident. Your insurer can reject your claim if you operate a vehicle without a driver’s license. Please make sure the vehicle is in your name and that you are the owner.
- You modified your vehicle, and your insurer did not approve the changes. An insurer can reject your claim if it learns that you altered your vehicle to look or perform differently from its original design. An Such changes may require specialized coverage or more coverage than you had at the time of the accident. Examples of vehicle modifications include engine changes that boost a vehicle’s acceleration or speed, brakes and suspension that affect vehicle performance, wheel changes, body and paintwork that changes the vehicle’s appearance, and changes to the inside of the vehicle, such as changes to its seats, steering wheel, brake pedals, and stereo system, among others. Changes like these can boost rates because insurers see altered vehicles as having higher risks for accidents and thefts.
- Your damages exceed your policy limits. If your injuries and damages are too costly, you may recover much less from your insurer than you deserve. Many Florida drivers only have $10,000 in PIP coverage, which is all that the government requires. However, more is needed to cover all the injuries and damages in an accident.
- You missed deadlines. Insurance companies have strict reporting guidelines that require reporting your claim within a certain number of days after an accident. Missing that deadline or other deadlines can result in a claim denial, so make sure to file your paperwork in a timely fashion.
- You made false or misleading statements. Insurers may accuse you of falsely stating how the accident occurred and the severity of your injuries. For example, an insurer may claim that your back injury constituted a pre-existing condition and had nothing to do with the accident in question. In such cases, we will need to provide additional information (e.g., medical records, etc.) to prove that the accident caused your injury.
- You failed to pay your insurance premiums. Your insurer may claim that you failed to pay your premiums and therefore had no coverage at the time of the accident. It is our job to establish that the policy had not lapsed at the time of the crash.
Delaying Medical Care After an Accident Can Hurt Your Claim
Insurance companies can reject your accident claim if they think you did not promptly seek medical treatment after your accident. Delaying medical treatment leaves the door open for an insurer to say your injuries were not serious enough for you to be reimbursed for medical treatment. It may even say you were not hurt at all.
Insurers can also deny claims if they think you had a pre-existing injury. They will argue that the accident did not cause your injury, even though it is possible that a crash could aggravate your condition.
Working With an Attorney Could Help Your Amended Claim
It can be disappointing when an insurance company rejects your claim. You may still have options, so you should be encouraged when this happens. You can work with an attorney to help you gather evidence to prove your claim’s validity. You should have a copy of the accident police report and proof of your injuries. This proof can include X-rays, medical records, medications, lab test results, and other evidence of your medical treatment. You can also include witness statements to support your claim.
An attorney can document witness testimony and help you find other ways to build a strong case for your claim. If you have a written explanation or questions from the insurer, your amended claim should address these in full. Your attorney can answer your questions and concerns. They also can ensure you stay on track and submit your amended claim on time.
Your attorney can also look over your rejected claim and let me know if your situation has reached the point of legal action. Securing legal representation could be a smart move for your situation. Lawyers know how to deal with insurance companies and have experience and insight that can help you better navigate those waters.
Call Us Today
If your insurance company denied your claim, do not lose hope. Our attorneys can help you file an appeal, and if the insurer still does not make you a reasonable offer or denies your claim altogether, we may file a lawsuit if your injuries qualify as serious under state law. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 today for more information and a free consultation.
