Common Disputes With Insurance Companies After a Florida Car Accident
After being involved in a car accident, many people usually expect that their insurance company or the at-fault driver’s insurance company will process the claim and pay what they are supposed to pay without any objections or delays. Disputes are quite common during the insurance claims process, which can delay or reduce the plaintiff’s compensation. Some disputes can even result in a claim being denied altogether.
If you have been involved in a Florida car accident, it is vital to understand the common disputes that arise with insurance companies and how you can handle them. Below, a skilled attorney discusses the disputes to look out for and how you can protect your rights.
- Disputes Over Fault
Among the most common disputes that arise after a car accident are disputes regarding who is to blame for the accident. While Florida is a no-fault state when it comes to car accidents, meaning drivers initially rely on their own Personal Injury Protection (PIP) coverage after a collision, in some cases, drivers may be eligible to step out of the no-fault system and file a claim against the at-fault party. In such a case, the insurance company may argue about liability. The other driver’s insurance company might claim that you are partially at fault. Under Florida Statutes Section 768.81, partial liability on the part of the claimant leads to a reduction of compensation in proportion to their percentage of fault.
- Disputes Over the Severity of the Injury
In Florida, if you suffer a serious injury, as defined under Florida Statutes section 627.737, in a car accident, you are allowed to step out of the no-fault system. Unfortunately, insurance companies often dispute the seriousness of accident injuries. The insurance company may argue that your injury is minor or exaggerated. Such disputes are especially common in cases involving injuries with symptoms that may not clearly show up on tests, like brain injuries, whiplash, and soft tissue damage.
- Disputes Over Medical Treatment
Insurance companies often challenge medical expenses by using several arguments, including the following;
- The treatment was unnecessary or unreasonable
- The injury was pre-existing
The insurance company may also argue that you are not entitled to compensation for medical expenses since you delayed seeking treatment. In Florida, you are required to seek treatment within 14 days of your accident to recover PIP benefits.
- Disputes Over Coverage
Another common cause of conflict occurs when the insurance company claims that the policy does not cover certain damages. For instance, they might claim that the accident falls under an exclusion, damages exceed policy limits, or certain benefits like uninsured motorist coverage are unavailable.
How To Protect Your Rights
Dealing with insurance companies after an accident can be stressful, especially when disputes arise. These disputes can cause delays, reduce compensation, or even result in denied claims. Understanding the conflicts that can arise with insurers is the first step towards protecting your legal rights.
Other steps to take to protect yourself include;
- Seeking prompt medical care
- Gathering extensive evidence
- Consulting an attorney
Contact Us for Legal Help
Our Fort Myers car accident attorneys at The Pendas Law Firm can help you fight against unfair insurance companies and recover the compensation you deserve for your injuries and damages. Contact us today to schedule a consultation.
The Pendas Law Firm can also represent clients in the Fort Lauderdale, Ocala, Orlando, Miami, Daytona Beach, Bradenton, West Palm Beach, Tampa, Jacksonville, Naples, and Melbourne areas.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.81.html