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Florida, Georgia, Washington & Puerto Rico Injury Lawyers / Blog / Car Accidents / 5 Signs Your Florida Car Accident Claim May Be Denied

5 Signs Your Florida Car Accident Claim May Be Denied

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After a car accident, most people expect their insurance claim to go smoothly. But in Florida, things rarely happen that easily. Insurance companies carefully examine every claim and are quick to find reasons to cut payments or deny cases. Knowing what to watch for up front can help you protect your rights and avoid expensive mistakes.

Let’s look at five warning signs your Florida car accident claim may be denied.

1.    You Didn’t See a Doctor Right Away

If you wait to get medical treatment after an accident, it can adversely affect your claim. For instance, Florida law states that you must seek medical treatment within 14 days if you want Personal Injury Protection (PIP) benefits. If you let too much time pass, the insurance company will argue your injuries had nothing to do with the crash. Even if you feel fine at first, symptoms sometimes show up later, so seeing a doctor as soon as possible is crucial.

2.    There’s Not Enough Clear Evidence

Insurance companies rely heavily on evidence. If you don’t have photos, witness statements, or a police report, the insurer may claim your story doesn’t add up. Conflicting stories about how the accident happened only make matters worse. When the insurance company can’t clearly determine who’s at fault, they’ll either deny your claim or reduce its value.

3.    You Provided Conflicting Statements

If your accounts of the accident change over time, insurance companies might doubt your claim. Even minor discrepancies can be used to undermine your claim. Adjusters often scrutinize your reports, medical records, and statements, and any inconsistencies could lead them to deny or lower your compensation.

4.    You Were Mostly at Fault

Florida follows the modified comparative negligence rule. Under this rule, if you’re found mostly at fault (over 50%), you get nothing. If you’re only partly at fault, you’ll recover compensation, but your payout will be reduced. If the adjuster determines that you are mostly to blame for the accident, you can almost expect a denial.

5.    Insurers Blame Your Old Injuries

Pre-existing conditions can lead to insurers arguing that your current symptoms are unrelated to the accident. Without strong medical records connecting your injuries to the accident, your claim might get denied or undervalued.

Protecting Your Claim

If you want your claim to succeed, get checked out by a doctor as soon as possible and do what they tell you. Keep all your paperwork organized. Take clear photos at the scene, get the names and numbers of anyone who witnessed what happened, and ask for a copy of the police report. And whatever you do, don’t agree to any recorded statements until you’ve spoken to a lawyer.

A denied claim can be frustrating, especially if you’re severely injured and facing financial bills and lost wages. By recognizing the red flags early, you can put yourself in a much better position to protect your rights and improve your chances of succeeding.

Contact Us for Legal Help

If you’re facing challenges with your car accident claim, our skilled West Palm Beach car accident lawyers at The Pendas Law Firm can help protect your rights and pursue the compensation you deserve. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Bradenton, Daytona Beach, Jacksonville, Fort Myers, Fort Lauderdale, Miami, Naples, and Melbourne areas.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=display_Statute&URL=0600-0699/0627/Sections/0627.736.html