Miami Accident Lawyer Blog
When you are hurt in a Miami auto collision, your first step in seeking compensation for your losses is to file a claim with the responsible driver’s insurance company. Like many victims, you might expect the process to be clear and simple — complete the necessary forms, send them to the insurer, and wait to receive payment. You may be shocked and dismayed when the response is an outright rejection of what you believe is a valid, legitimate claim.
Though it may provide seemingly valid reasons for a denial, the primary motivation of the insurance company is to look out for its own interests. Your claim is a threat to profits, so the insurer will seek any possible reason to reject or make a low counteroffer to resolve your claim. Do not put your rights at risk by accepting anything less than what is fair and reasonable to compensate you for your losses. With help from a Miami car accident attorney, you can recover the highest amount of compensation allowed by law – even when the insurance company responds to with any of these excuses.
- You Delayed Filing Your Claim: It is true that Florida has a four-year statute of limitations on motor vehicle crashes based upon negligence, but this time period refers to filing a lawsuit in civil court. You should file a claim with the responsible driver’s insurance company as soon as possible after an accident. When you wait, key evidence may be unavailable and your recollection about the collision will become foggy.
- You Failed to Prove the Other Motorist was at Fault: Car accidents are typically a “he said/she said” scenario where the responsible driver will attempt to put the blame on you. You need solid evidence of fault, such as pictures, video, and witness statements. Otherwise, the claims adjuster will likely side with its own policyholder.
- You Waited Too Long to Get Medical Treatment: If you delay treatment, you are essentially telling the insurance company that your injuries are not severe – otherwise you would have sought medical care right away. The rule of thumb to avoid a denial is to head to the ER or urgent care center the same day of the accident, and then follow up with your primary care provider.
- Your Claim Exceeds the Insurance Policy Coverage: Under Florida law, drivers must carry at least $10,000 in bodily injury coverage to pay for the losses of victims like you. Unfortunately, the insurer is only obligated to cover up to these limits, making this a potentially legitimate reason for refusing to pay a higher amount.
Reach Out to a Miami Car Accidents Lawyer Regarding Insurance Claim Denials
There are many legitimate reasons that an insurance company may deny your rightful claim, but it is cause of concern when the grounds for rejection are suspicious. If you do not know the law, you could put your legal rights at risk. Instead of trying to represent yourself, discuss your car accident claim with our skilled attorneys at Gerson & Schwartz, PA. Please contact our offices in Miami, Fort Lauderdale, or West Palm Beach today to schedule your free case evaluation.
(image courtesy of Kai Pilger)