Were you or a loved one injured by a negligent driver? You likely filed an insurance claim against their policy. But what if insurance denies your car accident claim in Tampa, FL? That’s when a Tampa car accident lawyer can help you explore your options.
For starters, you do not have to accept a denial from the at-fault driver’s insurer as a final resolution of your claim. A lawyer can help you file an appeal and report the insurance company to the appropriate agency if it does not handle your claim in good faith. Most car accident lawyers will represent you on contingency, so it costs nothing out of pocket to fight back against a denied claim.
Find Out Why The Insurance Company Denied Your Tampa Car Accident Claim
If the insurance adjuster denies your injury claim after a car accident, the company must tell you why in writing. This letter provides your Tampa personal injury lawyer with valuable information for filing your claim.
Some common reasons insurers deny auto accident claims include:
- A delay in seeking medical care, which might call the cause and severity of your injuries into question
- The at-fault driver denies financial liability
- The adjuster’s investigation indicates you caused all or part of the accident
Your lawyer can combat these allegations and collect evidence that proves you are entitled to financial recovery.
How A Car Accident Lawyer Builds An Effective Appeal
To help you keep fighting for compensation after a denied car accident claim, your lawyer will take the following steps on your behalf:
- Carefully review your letter of denial
- Examine any previously submitted evidence
- Review the insurance policy for any exclusions
- Handle all case-related communication
Your attorney will also identify any bad faith that played a role in the insurer denying your claim. They will also ask you to describe the accident from your point of view and speak to any witnesses who came forward.
What The Car Accident Appeals Process Looks Like In Tampa, FL
Filing an appeal for a denied car accident claim involves several steps. First, you need to understand the reasons for the denial. From there, you will:
- Review the policy for its appeals filing process
- Notify the insurance company of your intent to appeal
- Submit all required paperwork and supporting evidence
- Consider mediation or arbitration to resolve your claim
- Negotiate to achieve the best financial outcome
This process is not one you have to navigate alone. Most Tampa car accident law firms will offer a free review of your claim. They can help you understand your options for appealing a denial and learn more about what they can offer in assistance.
A Lawyer Can Collect Supplemental Evidence For Your Car Accident Claim
Insurance companies will demand clear and convincing evidence of their policyholder’s negligence before considering a settlement. If they assert that your initial claim did not contain sufficient or persuasive evidence, a lawyer can help you build a comprehensive evidence collection that includes:
- Official Tampa police report
- Medical records and bills
- Photos and video footage
- Eyewitness statements
- Insurance correspondence
- Employment records
- Mechanic notes and bills
- Car replacement estimates
- Employment history records
Your lawyer can also identify and interview car accident reconstruction, medical, and financial experts. Your attorney’s familiarity with cases like yours and insurance company requirements means they know how to build a convincing case file that proves the validity of your claim.
Other Factors That Could Lead To Car Accident Claim Denials In Tampa
Filing a lawsuit in Florida is a time-sensitive legal matter. While it can fluctuate based on several factors, you generally have two years from the accident date to file a personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11(5).
If you fail to file your lawsuit on time, the court could bar you from filing it, or the at-fault driver’s legal or insurance representatives could request its immediate dismissal. That also decreases your leverage with the insurance company to settle your case for its actual value, which could affect your settlement.
However, your car accident lawyer can interpret the statute of limitations and file your lawsuit within the allotted time.
How Allegations Of Comparative Negligence Affect Car Accident Claims
When the driver who caused your accident does not accept liability, they might claim you caused or contributed to it. According to Florida Statutes § 768.81, you can collect damages as long as the jury attributes less than 50% of the accident’s cause to you.
A car accident lawyer can help you prove what caused the crash and any contributing factors, thus establishing your right to financial recovery. They can also challenge allegations that you share blame for the collision with a solid evidence file, taking your fight for compensation to court if necessary to get the compensation you deserve.
How Bad Faith Insurance Tactics Influence Car Accident Claims
Sometimes, insurance companies deny claims for nefarious reasons. According to Florida Statute § 624.155, you could be a victim of bad faith insurance tactics if the insurer:
- Refuses to settle your case without a valid reason
- Refuses to acknowledge or investigate your claim
If the insurer denied your claim in bad faith, a lawyer could help you take legal action against the insurance company.
Contact Our Car Accident Team If An Insurer Denies Your Tampa Insurance Claim
If you or a loved one suffered an injury in a recent car accident, you do not have to give up hope if the at-fault driver’s insurance company denies your claim. The car accident lawyers at the Law Offices of Anidjar & Levine will take on the insurance company and fight hard for the financial compensation you need and deserve.
Explore your financial recovery options if insurance denies your Tampa car accident claim. Contact our consultation team today to start fighting back.
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