What if the Other Driver’s Insurance Company Denies My Accident Claim?

You have options if the other driver’s insurance company denies your claim. With the support of strong legal counsel, you could push the insurer to reconsider their denial. When that does not work, you can pursue legal action. State law requires every driver in Florida to carry liability insurance. It is designed to cover the damage an at-fault driver causes in an accident. Therefore, if another driver’s negligence harmed you, their policy should pay for the damages. However, it is not uncommon for the at-fault driver’s insurance company to deny a claim.

When this happens, a Florida car accident lawyer at Kogan & DiSalvo could pursue the compensation you deserve. We leverage decades of experience representing personal injury victims throughout Southeast Florida. Contact us for a free consultation. We’d be happy to answer your questions about insurance issues in a car accident with an at-fault driver.

Common reasons for denied claims

Insurance companies, for the most part, are primarily concerned with their bottom line instead of your well-being. Unfortunately, this approach to profit over everything else can lead to an unreasonable claim denial. Sometimes, they are avoiding a viable insurance claim against their driver.

Reasons the other driver’s insurance company might reject your claim include the following:

• Lack of coverage. The most common reason for a denied claim is the lack of coverage. This can happen when the other driver’s insurance policy lapses. In these situations, the insurance company has no obligation to cover your damages.  
• Damages exceed coverage. Every insurance policy has limits, and the liability policy held by the other driver is no exception. Even when the insurance company acknowledges that their driver was at fault, they will refuse to pay any damages above the policy limit.
• Disputed liability. The most common reason for the other driver’s insurance company to deny your claim is a dispute over liability. Often, insurers will take the word of their driver. This can result in a refusal to pay your claim even when you are sure they are at fault.

How to handle a denied claim

As noted, you can pursue legal action against the at-fault party if their insurance company refuses to pay your claim. The most crucial step is to hire an attorney. Dealing with insurance on your own is complex, and mistakes could cost you your claim. An attorney can give you the best chance at securing a favorable outcome.

Often, they can negotiate with the insurance company and push them to reconsider–using evidence that proves it was wrongly rejected.

When you are not at fault, and your insurance company refuses to pay according to the policy terms, you could have a bad faith claim against the carrier. We could advise you on your options and help you plan a path forward.

Contact us at Kogan & DiSalvo for a free consultation

The denial of an insurance claim can be frustrating. Thankfully, it is not the final word. You have legal options that can give you a chance at the compensation you deserve. These include negotiating with the carrier or even pursuing a lawsuit. We are ready to help you maximize your recovery. Reach out today for your free consultation. We work on a contingency basis, so there are no upfront legal fees.