What to Do When Your Insurer Denies Your Car Accident Claim

Even though you’ve faithfully paid your insurance premiums, it doesn’t always mean that your insurer will pay out claims when you need them. In many cases, no-fault insurance policies don’t cover nearly as much as accident victims need to handle medical expenses, lost wages, etc. 

That’s especially true for individuals who have their no-fault insurance claims denied. 

Although Florida no-fault insurance laws require insurers to make expeditious payments for claims (no matter whose fault the accident is), it doesn’t always work that way. Insurance companies are notorious for issuing a denial of claim letters and making low-ball offers. 

With that in mind, if you’ve received a claim denial letter or a subpar offer, it’s in your best interest to consult a Florida car accident lawyer as soon as possible. Our attorneys at Schrier Law Group have helped countless people recover maximum compensation. 

We’re confident that we can obtain the best possible outcome for you as well. Contact us today for your free initial case evaluation

Continue reading to learn more about what to do when your insurer denies your car accident claim in Florida. 

Understanding No-Fault Insurance in Florida

Every driver in Florida must carry no-fault PIP insurance coverage of at least $10,000. Generally, PIP insurance pays insurance claims (up to the amount covered) regardless of who’s at fault in an accident. 

In most cases, PIP insurance covers up to 80% of the reasonably necessary medical care for driver accident injuries. Further, it can also reimburse you for up to 60% of lost wages. 

If you suffer from severe injuries in the accident, you can also pursue a personal injury claim (to cover damages above PIP insurance coverage) against the at-fault driver. Potentially recoverable damages can include: 

  • Medical expenses
  • Cost of rehabilitation
  • Lost income 
  • Pain and suffering 
  • Property damages 

However, if the injuries you sustain don’t reach the PIP insurance threshold, you are typically limited to personal injury protection benefits. 

Reasons You May See a Denial for Your Personal Injury Protection Claim 

Unfortunately, insurance companies are not in the business of helping people recover from devastating injuries. Like most companies, their interests lie with the bottom line. 

That means that they can and will deny your claim for a multitude of reasons, including but not limited to: 

  • Neglecting to seek adequate medical care within two weeks of the accident 
  • Receiving medical care deemed unnecessary for the injuries sustained by the collision
  • Injuries unrelated to the collision 
  • Driving while under the influence 
  • An injury resulting from or exacerbated by pre-existing conditions 
  • You intentionally caused the crash, or the car was stolen
  • You were committing a felony offense at the time of the accident 
  • Your Personal injury Protection policy doesn’t cover the collision or injuries 

Although insurers have the right to deny claims, you shouldn’t always take PIP insurance claim denials at face value. Your auto accident lawyer can help you file an insurance claim denials appeal in many cases. Learn more below. 

How to Appeal PIP Claim Denials 

If you receive a PIP claim denial letter, it will include instructions for submitting an appeal. However, it’s important to note that you are usually required to submit your appeal within a specific time. Otherwise, it will not be effective. 

In many cases, insurers use bad faith practices to underpay or outright deny otherwise viable claims. Sometimes, the insurer just needs additional information. However, if you receive a denial from your appeal, it may be time to consult an auto accident lawyer.

Working with an experienced auto accident lawyer in Florida can drastically increase your odds of recovering maximum compensation for your damages. Depending on the circumstances of your case, your auto accident lawyer may be able to recover compensation for losses incurred due to the wrongful denial of your claim. 

Contact a Florida Auto Accident Lawyer Today

Suppose you had injuries from a car accident, but your insurance company refuses to pay PIP benefits. In that case, a proven auto accident lawyer can help you assert your rights, negotiate with your insurer, and take your case to trial if necessary. 

Further, if your damages exceed your PIP allowances, an attorney can also help you file a personal injury claim against the at-fault party. You don’t have to accept your insurer’s excuses for not compensating you for your injuries.

Instead, work with an attorney who will aggressively fight on your behalf for maximum compensation.  Contact a top-rated auto accident attorney today at Schrier Law Group for your free initial consultation. 

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Florida Report Gives Docs Idea of Which Insurers Settle or Fight Malpractice Claims

Schrier Law Group will be the first to tell you, that when it comes to litigation, it is important to know which entities tend to settle and which tend to fight tooth and nail when it comes to medical malpractice (or any legal lawsuit). And while we fight for our clients the same way, either way, it is good to know what companies tend to do.

Florida’s Office of Insurance Regulation has put out an annual report (for 20 years now) on the condition of the medical malpractice insurance market that provides an inside look at insurers regarding strength, claims responses, and more. The 2020 report, which focuses on the top 20 medical malpractice companies in the state, is especially useful when trying to find out which insurance carriers litigate claims versus how many close their cases with payments.

“What we find most useful is the closed claims data chart, which lets us understand each company’s claims philosophy,” said Matt Gracey, CEO and medical malpractice insurance specialist at Danna-Gracey, the largest independent medical malpractice insurance agency in Florida. “Are they going to fight a claim that’s defensible, or settle everything they can to avoid a big shock loss?”
“Some insurers take the position that it’s a lot better to settle cases because the doctor and the insurance company aren’t exposed if they can get the doctor out for limits of liability or less,” he continued, adding that claims totaling more than $10 million are becoming more frequent. “Others believe in fighting anything that’s defensible, which is what most doctors want so as not to blemish or ruin their reputations.”
The data reflects a company’s confidence in its in-house claims managers, who decide which claims to settle and which to push back on, as well as the outside attorneys they hire. The 2020 report is an interesting mix, with some companies settling numerous cases and others holding the line.
The top two medical malpractice insurers in Florida, The Doctors Company and MedPro, for example, settled 58.4% and 40.1% of their claims with payments; whereas ProAssurance settled 81.5%, MedMal Direct settled 88.6%, and Physicians Insurance Company settled 93% with payments.
The report also reflects a recent change by the Florida Legislature to a longstanding law that kept insurance companies from offering malpractice insurance that allowed doctors to choose whether to consent to a settlement.
“Before, if a doctor was sued and wanted to settle, the insurance companies could still decide to fight the suit. The doctor wasn’t allowed by law to have any voice in the decision,” said Gracey. “Now, if an insurance company wants to give a doctor a say in settling, they can.
According to Gracey, it can be problematic when an insurance company gets a reputation for settling cases.

Call Schrier Law Group Today

The Schrier Law Group handles many medical malpractice cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!