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If you are injured in a car accident in a no-fault state like Florida, you first rely on your own car insurance for damages, even if you are the victim. Your own insurance carrier might deny your claim as fast as a negligent driver’s, and you need to be prepared to respond so you ultimately get the compensation you deserve.
If your insurance company denied your personal injury protection (PIP) claim after an accident, you may be able to sue for breach of contract or bad faith. You may also be able to file another, potentially more lucrative, lawsuit against the negligent driver, provided you have sustained a serious enough injury. If you sue the negligent driver, you might get more damages than what PIP can provide, specifically non-economic damages.
You can call (305) 614-2767 for a free case review from the Miami car accident lawyers of the Graves Injury Law Firm.
When Do You Have to Worry About Your Own Insurance Denying Your Claim?
Florida is a no-fault state for car accidents. Because of this, even if you are hit by a negligent driver, your personal injury protection insurance is your first source of compensation, not the negligent driver’s insurance. Even though you are filing a claim with your own insurance, your claim could be denied.
Can You Sue Your Insurance Company for Denying Your Claim?
You might be able to sue your insurance company after it denies your claim, unless the claim was denied for a legitimate reason, such as a lapsed policy.
Reasons You Can Sue Your Insurance Company for Denying Your Claim
We can help determine whether your insurance claim was wrongly denied and whether you can file a lawsuit.
Breach of Contract
You may sue your insurance company for breach of contract if it denied your perfectly valid claim and refused to pay the damages provided under your policy.
Bad Faith
You may also sue your insurance company for acting in bad faith and denying your claim just for the sake of it. We can help you identify bad-faith tactics from insurers so that you know whether they played a part in your claim denial.
How Long Do You Have to Sue Your Insurance Company for Denying Your Claim in Florida?
Plaintiffs generally have 5 years to sue an insurance company for breach of contract and wrongful denial of a claim, which is notably longer than the 2-year statute of limitations for personal injury lawsuits in Florida.
Do You Have to Sue Your Insurance Company if it Denies Your Claim?
Suing your insurance company may not be your only route to recovery if it denies your PIP claim in Florida; you also might be able to sue the negligent driver who hit you, provided your injuries are severe enough.
What Are the Main Reasons Why Insurance Companies Deny Claims in Florida?
Our attorneys are familiar with the main reasons why insurance companies deny claims and can use this to your advantage when pursuing compensation after a car accident.
Missing the 14-Day Treatment Deadline
To get PIP damages, car accident victims must seek medical treatment within 14 days of an accident. Failure to do so could lead to a legitimate claim denial.
No Emergency Medical Condition
To receive the full amount available to you under your PIP policy, you must have sustained an “Emergency Medical Condition,” which might be any injury that, if not treated, could cause serious health problems, impairment to bodily functions, or organ or body part dysfunction.
Gaps in Medical Care
Pauses in medical care can exacerbate car accident injuries, and insurance companies routinely deny claims when there are large gaps in medical records and questions about a claimant’s commitment to their physical recovery.
How Do You Find Out Your Insurance Denied Your Claim?
You will find out whether your insurance company denied your claim by receiving a written letter in the mail from your provider.
What Should You Do if Your Insurance Denied Your Claim in Florida?
How you respond to a denial from your insurer could make all the difference for your future recovery.
Review Reason for Denial
The first thing a lawyer can do if your insurance denied your claim is review the reasons for the denial. This will tell us how to proceed and what to argue in a lawsuit.
Send a Demand Letter
Before filing a lawsuit, you can write and send a demand letter with our help, demanding that the insurance company pay you the benefits you deserve before you move forward with filing a claim in court.
Can Having a Lawyer Stop Your Insurance from Denying Your Claim?
Having a lawyer to help you navigate personal injury protection claims is important. Our Florida car accident lawyers can stop you from accepting partial fault for an accident, ensure you follow the 14-day treatment rule, and communicate with your insurer on your behalf.
Should You Keep Getting Medical Treatment if Insurance Denied Your Claim?
You should still keep getting medical treatment, even if your insurance denied your claim. If you file a lawsuit, you will need medical evidence of your injuries, so don’t stop going to the doctor.
What Damages Can You Get from an Insurance Company if You Sue in Florida?
If you successfully sue an insurance company for wrongfully denying your claim, you can recover the full value of the policy in a lawsuit, which may be 80% of your medical damages and 60% of your lost wages, up to $10,000, and up to $5,000 in death benefits for a fatal accident.
How Can You Get More Compensation After Your Insurance Company Pays Your Claim?
Even if your insurance company pays out your claim in its entirety, it may not be nearly enough to cover all of your damages.
Call Our Lawyers for Help Getting Compensation for Your Injuries in Florida
Call the Graves Injury Law Firm at (305) 614-2767 for a free case discussion with our Hollywood, FL personal injury lawyers.