Strategies for Dealing With a Denied Car Accident Claim
After suffering severe injuries in a Florida car accident due to the negligence of another party, you have the right to file a car accident claim and seek compensation. However, filing a car accident claim does not guarantee you will recover compensation. Car accident claim denials are common. Insurance companies deny car accident claims for various reasons. While a car accident claim denial can be frustrating, you don’t have to assume you have no chance of recovering compensation for your injuries and damages. There are steps you can take after a car accident claim denial that can help you recover the compensation you deserve. This article discusses the strategies for dealing with a denied car accident claim.
- Understand the Reason for Denial
The first crucial step is to understand the reason behind your car accident claim denial. Insurance companies deny car accident claims for various reasons. After your claim is denied, the insurance company must provide you with a written explanation for the decision. The following are some of the most common car accident claim denial explanations;
- Lack of evidence
- Policy exclusion
- Pre-existing condition
- Disputed liability
- You share responsibility
After your car accident claim is denied, carefully review the denial letter to understand the basis of the denial.
- Gather Additional Evidence
If your Florida car accident claim was denied due to insufficient evidence or disputed liability, gather additional evidence. This can include police reports, medical reports, eyewitness statements, expert testimonies, and accident photos. Additional evidence will strengthen your case.
- Seek Legal Advice
After your car accident claim is denied, it is advisable to seek legal guidance. A qualified car accident attorney can provide valuable guidance on how to proceed. They can represent you in legal actions if necessary.
- Appeal the Denial
After a car accident denial, you have a couple of legal options. Most insurance companies have a process for appeals. You can submit a written appeal along with the additional evidence you have gathered. When you appeal, state why you believe the denial was unjustified and provide any new information supporting your claim. A skilled attorney can help you with your appeal. They can help ensure you follow all the guidelines, including meeting the appeal deadline.
- Consider Alternative Dispute Resolution (ADR) Methods
Consider ADR methods like mediation or arbitration to resolve your claim. These alternatives involve working with a neutral third party who facilitates negotiation (mediation) or makes a binding decision (arbitration). Mediation and arbitration can be less costly and time-consuming compared to going to court.
- File a Complaint With Regulatory Authorities
If you believe the insurance company has acted in bad faith, consider filing a complaint with the Florida Office of Insurance Regulation (OIR). This agency is responsible for monitoring and investigating insurance issues. Submitting a complaint may cause the review of your case.
Contact Us for Legal Help
Has your Florida car accident claim been denied? Contact our Fort Lauderdale personal injury attorneys at The Pendas Law Firm for legal help. We understand how frustrating a claim denial can be and are committed to helping our clients approach such a situation strategically to increase their chances of recovering the compensation they deserve.
The Pendas Law Firm also represents clients in the West Palm Beach, Fort Myers, Miami, Ocala, Orlando, Daytona Beach, Bradenton, Tampa, Jacksonville, Naples, and Melbourne areas.
Source:
flhsmv.gov/traffic-crash-reports/crash-dashboard/
