Steven A. Bagen | April 3, 2025 | Car Accidents

If an insurance company denies your car accident claim, the first thing you should do is hire an attorney. You should hire a car accident lawyer even if an insurance company has yet to receive or issue a decision on your claim. You may need to appeal the denied claim, and you may need to sue if the insurance company does not alter its initial decision.

Let a lawyer lead the way if you are facing an appeal or simply want to present the most effective claim possible. Gainesville car accident attorneys regularly deal with insurance companies (and their claim denials), so a lawyer will be well-positioned to respond to any denial you have received.

 

Have You Received a Claim Denial Letter? What to Do Next?

Insurance coverage—and the company that provides it—is there for you in the event of a car accident. Or so you thought.

Countless car accident survivors have filed a claim, assuming the insurance company would provide the settlement they are obligated to provide. Rather than receiving a fair settlement offer, too many of these claimants receive a denial letter. If this is you, then your next steps should be to:

Contact a Car Accident Attorney as Soon as Possible

A claim denial requires immediate action, even if you have a few months to appeal the decision. Before you file the appeal, you will likely need to:

  • Evaluate the reason why the auto insurance provider denied the claim
  • Gather any information, evidence, and documentation that can compel the insurer to change its decision
  • Ensure that the appeal will be as strong as possible (which means including all evidence and information that may enact a change)

Your attorney will then need to formally file the appeal and ensure the insurance company receives it. The sooner you hire your lawyer, the more likely they can take all these steps while meeting appeal-related deadlines.

Hire the Most Qualified Attorney You Can Find

You don’t just want to hire a car accident attorney. You should intend to hire the most capable, client-focused attorney serving your area, and you may find them by:

  • Conducting an online search and asking friends and family for recommendations
  • Researching each firm you are considering for your case
  • Evaluating each prospective firm’s reviews and results as you determine which is most qualified
  • Completing free consultations, which are an essential step in your attorney search

You don’t have to settle for any attorney. There are surely several highly qualified candidates ready to fight your claim denial. Find the right firm for you, and don’t wait a moment longer.

Let Your Lawyer Deal with the Claim Denial (and Fight for the Settlement You Deserve)

Once you’ve hired an attorney, your case (and any necessary appeal) is in their hands. Trust that your legal team will fight tenaciously, present a compelling case, and do right by you.

Once you have hired your lawyer, you can simply:

  • Focus on your recovery
  • Heed your lawyer’s advice (it’s meant to protect you and your case)
  • Wait for your lawyer to update you
  • Refrain from doing anything that might compromise your physical or mental health

If insurance representatives, an at-fault driver’s attorney, or anyone else contacts you about your case, refer them to your lawyer.

Reasons an Auto Insurance Might Give for Denying Your Claim

First, know that auto insurance providers are known to engage in bad faith. Many insurance providers prioritize their own financial interests over claimants’, which leads them to unfairly deny claims. The point is that the explanation you receive for a denied claim may not be honest, fair, or good.

Some of the reasons for denial you might get from an auto insurance provider are:

The Policy Is No Longer Active

Insurance policies sometimes lapse. If you’re notified that your policy or an at-fault driver’s policy has lapsed, it may be because:

  • There was an administrative error at the insurance company
  • The policy has actually lapsed (perhaps due to non-payment of premiums)
  • The insurance company canceled the policy

Your attorney will investigate and determine if applicable policies are no longer active or whether an error has led to this conclusion.

Lack of Applicable Coverage

Different insurance policies contain different coverage types. If a claimant is seeking compensation for losses that would only be covered by a type of coverage they do not have, this can prompt a denial.

Losses Beyond Your Coverage Limits

Most states, including Florida, require motorists to purchase a minimum amount of certain auto insurance coverages. To show how these coverage limits come into play after a car accident, consider an example:

  • An at-fault driver has $10,000 in coverage for others’ medical expenses.
  • You file a claim that includes $20,000 in medical costs.
  • The liable insurance company may agree to pay you up to the $10,000 coverage limit but deny your request for an additional $10,000.

In such a case, you may choose to file a lawsuit in pursuit of compensation beyond a policy’s coverage limits.

Incorrect Details Within the Claim

Insurance companies expect claims to be accurate. If an insurer denies your claim based on an erroneous detail in the initial claim, your lawyer can correct such an error when they resubmit the claim.

Blaming You for the Accident

The Florida Motor Vehicle No-Fault Law requires each driver’s insurance company to share some of the financial burden of an accident. However, the at-fault driver’s insurer is generally responsible for some of the victim’s damages.

If you file a claim with the at-fault driver’s insurance company, but that insurer blames you for the accident, it may deny your claim.

Your Attorney Will Lead the Appeals Process for You

If you received a claim denial letter, an appeal is likely next. Your attorney will handle the entire appeals process for you and any litigation that follows.

While your attorney will detail a personalized approach to fit your unique circumstances, they will likely:

Review the Denial Letter

It’s important to evaluate the denial letter to:

  • Identify the reason for the insurance company denying your claim.
  • Determine if there is any legitimacy to the reason for the denial.
  • Begin forming a response to the denial.
  • Gauge whether or not the insurance company is handling your claim in good faith or whether it is looking for a reason to deny your claim.

Because car accident lawyers regularly deal with denial letters and other insurance correspondence, they are qualified to evaluate your denial letter.

Gather Evidence and Documentation to Rectify the Reason for Denial

Once your attorney has read the denial letter and identified the insurer’s reason for denying your claim, they can then:

  • Determine the steps necessary to appeal the insurance company’s denial
  • Secure any information, evidence, and documentation that will be an effective remedy to the insurance company’s denial
  • Organize all the evidence and documentation in the most logical, compelling way

Your lawyer’s approach will be based on the insurance company’s stated reason for denying your claim. If the insurance company says there’s not sufficient evidence of your injuries, for example, your lawyer will likely gather medical records proving you suffered an injury in the car accident.

Send the Appeal Letter with All Relevant Evidence and Documentation

Your lawyer will send the insurance company the resubmitted claim as soon as it’s ready. Because there are typically deadlines for appealing claim decisions, your lawyer will urgently compose and submit their appeal.

As They Appeal, Your Attorney Will Present the Strongest Case They Can

If the insurance company denies your initial claim, you may be on your last opportunity to secure a fair settlement. You should hire your lawyer to take full advantage of the second opportunity.

Your car accident lawyer will maximize the effect of the appeal by:

Proving Who Injured You (and How They Did It)

A liable insurance company may have denied your claim due to a dispute about who caused the crash. Your lawyer may prove fault for the accident by:

  • Compiling all relevant witness accounts of the collision
  • Having experts testify about who is at fault for your accident
  • Photographing damage to your vehicle
  • Obtaining video from traffic cameras and other sources (which can include video showing the collision)

If fault for the accident was in question, your lawyer will work to remove any doubt that another motorist caused your accident.

Documenting All of Your Covered Losses

Insurance companies often deny claims due to disagreements about the claimant’s covered losses. Your lawyer will be prepared to:

  • Document each of your covered losses
  • Have experts testify about how you suffered injuries (confirming the link between the collision and your injuries)
  • Explain why you are entitled to compensation for the losses they have documented

Medical records, bills from healthcare providers, expert testimony, and financial statements may help prove your accident-related losses.

Citing All Relevant Details of the Insurance Policy

Insurance companies may present or interpret details of insurance policies inaccurately. For instance, an insurer might tell you that certain losses are not covered. A close reading of the policy may prove that those losses are, in fact, covered.

Your attorney will examine coverage conditions, coverage limits, and other relevant policy details and present those relevant details in their appeal.

Couching the Appeal in a Detailed, Precise Argument

Attorneys are strong arguers and writers. These skills will be important when you are trying to convince an insurance company to change its decision on your claim. Your lawyer will couch any evidence, information, and documentation they submit in the necessary context and arguments.

What Losses Should a Car Accident Settlement Cover?

Your lawyer will aim to secure compensation covering all of your accident-related losses. Part of their process will be to speak with you, hear your account of the accident’s effects, and create a detailed accounting of those losses.

Your settlement from liable insurance companies may need to cover the following:

Medical Expenses

Car accident survivors often need:

  • Ambulance transport from the accident scene to a medical facility
  • Emergency medical services
  • Emergency surgery (and non-emergency surgery)
  • A stay in a medical facility
  • Medical imaging
  • Rehabilitation

You may be involved in the medical system for the foreseeable future, and your lawyer will fight for compensation covering all your accident-related healthcare.

Vehicle Damage

Insurance should cover the cost of repairing or replacing your vehicle, especially if another person caused your accident. You might also deserve compensation for temporary transportation after the wreck.

Lost Earnings

If you lose earnings, earn less because of injuries or trauma, lose bonus and promotion opportunities, or suffer other professional damages because of the at-fault party, you should receive compensation covering those losses.

Pain and Suffering

Accident-related pain and suffering can include:

  • Emotional anguish
  • Psychological distress
  • Lost quality of life
  • Post-traumatic stress disorder (PTSD)
  • Depression
  • Anxiety

Your lawyer will document your pain and suffering—which may include losses for which you’re not even aware you can get compensation.

Can I Sue If the Auto Insurance Company Does Not Offer a Fair Settlement?

If the liable insurance company denies your claim for a second time or does not agree to an acceptable resolution, your lawyer will explain your options. Filing a lawsuit may be the primary option your lawyer presents to you.

Hiring an attorney places all options on the table. Whether you secure fair compensation from the insurance company (perhaps through an appeal) or choose to file a lawsuit, your lawyer will be responsible for your case’s success.

Do Not Wait to Hire Your Car Accident Lawyer (Whether or Not You’ve Had Your Claim Denied)

Car accidents resulting in injury are expensive. Allow a seasoned car accident attorney to build your case and demand compensation for all your accident-related losses. They have the knowledge and experience to challenge the insurance company’s denial or any other challenges presented, and negotiate on your behalf for a fair settlement.

There may not be time to wait. Most car accident lawsuits have filing deadlines, and your claim appeal may have an even shorter deadline. Find and hire your car accident attorney today.