
Most Common Reasons Your Car Accident Claim May Be Denied
There are several different ways that an insurance claim can be denied. Some of the most standard reasons include no-fault coverage, claims against a driver who has an expired insurance policy or allowed an excluded driver to operate the car, or simply when the adjuster denies liability for your claim. Regardless of the reason that your claim is denied, make sure to always obtain a written denial letter from the insurance adjuster stating and or explaining the reason for the denial. You should always have a denial letter sent to you in writing from the insurance company. If you later learn the adjuster’s denial was in bad faith, the letter is strong evidence for your case.
No-fault States: If you’re involved in a motor vehicle accident in Florida, you should be aware that Florida is a no-fault state. This means that in most cases, you won’t be able to pursue a personal injury claim against the responsible party until your own insurance benefits are exhausted. In no- fault insurance states like Florida, drivers enjoy protection from minor personal injury claims. The result is that you will have to file a personal injury claim with your own insurance company who is obligated to reimburse you for your medical bills, out-of-pocket expenses, and lost wages, regardless of fault. In states with traditional fault laws in place, drivers can pursue a cause of action against the at-fault driver for damages. If your losses exceed the driver’s insurance policy limits, you are legally entitled to sue the driver personally for the balance.
Expired Policies and Excluded Drivers: In traditional fault states, a legitimate claim can be denied if the driver who is at fault for the accident has an expired insurance policy or the driver is excluded from the policy all together. Sadly, there are many drivers in South Florida who are driving without proper insurance. While it’s technically illegal to drive without insurance coverage, in most cases the only penalty is a stiff fine and/or suspended license. You may not find out the driver’s policy was expired until after you file your claim with his insurance company. Days after filing your claim you may receive a telephone call or letter stating there’s no insurance in effect. Even though an at-fault driver may produce apparently valid insurance information, it’s possible that their coverage was recently canceled. There may have been an overlap between the time the driver failed to pay his policy premiums, the cancellation for non-payment, and what his insurance card shows as the expiration date of coverage. Excluded Drivers A claim can also be denied if the at-fault driver was not covered by the policy. The insurance company may say that although the policy covers most family members, or those explicitly allowed to drive the car by the policyholder, the at-fault driver wasn’t covered because he was excluded from the policy.
Wrongful Denials Based on Insufficient Coverage: In states with traditional fault laws, victims of car accidents can be taken advantage of by unscrupulous insurance adjusters. If damages exceed the policy limits carried by the at-fault driver, the adjuster may deny the claim due to “insufficient coverage.” Insufficient coverage means the at-fault driver doesn’t have enough insurance to cover all of the damages. It does not mean he doesn’t have enough to pay for most, or at least part of them. If your damages exceed the limits of the at-fault party’s insurance coverage, the adjuster should do what is referred to as “tendering policy limits.” That means they give you all the money available under their insured’s policy. You are then usually free to file a lawsuit against the at-fault driver personally to recover the difference.
Contact an Experienced Personal Injury Attorney Today!
There is no replacement for quality legal advice after being involved in a car accident. The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different. The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:
• Distracted Driving Accident Lawyers
•Drunk Driving Accidents
• T-Bone Car Accidents
• Road Rage Car Accidents
• Head-on Collisions
• Rollover Accidents
• Rear-end Car Accidents
• Left Turn Accidents
• Failure to Yield Car Accidents
• Sideswipe Accidents
• Merging Accidents
• Lane Change Accidents
• Construction Zone Car Accidents
• Truck Accidents
• Semi-Truck Accidents
• Bicycle Accidents
• Train Accidents
• Pedestrian Accidents
• Boating Accidents