Latest Blogs

When you need to file an insurance claim after an auto accident in Florida, you also need to be very careful to protect yourself. The insurance companies are not on your side, and they will use a variety of tactics to try to avoid liability for your injuries. While you can—and should—hire an experienced Fort Myers car accident lawyer to represent you, it will also be helpful for you to know what you can expect during the claims process.

How Insurance Companies Fight to Deny Auto Accident Victims’ Claims for Proper Compensation

So, what can you expect from the insurance companies after a car accident? Here are 10 tactics the insurance companies try to use to deny accident victims’ claims for proper compensation:

1. Blaming Victims for Their Own Injuries

Insurance companies routinely try to blame car accident victims for their own injuries. Under current Florida law, if you are 50 percent or less at fault in a car accident, the amount you are entitled to recover is reduced based on your percentage of fault. If you are 51 percent or more at fault, you are not entitled to any compensation for your losses. 

As you can see, the insurance companies have a strong financial incentive to blame victims after car accidents in Florida. This makes it critical to work closely with an experienced Fort Myers car accident lawyer who can accurately determine why your car accident happened and who (or what company) is responsible. Often, an experienced Fort Myers car accident attorney can use the evidence and law to show that you were not at fault and /or that the other driver was more than 50 percent at fault.

2. Claiming the Evidence Does Not Prove Liability

Sometimes, rather than blaming victims, the insurance companies will simply argue that the evidence does not prove liability. This is another reason to hire an experienced lawyer who can conduct a comprehensive and unbiased investigation. If the insurance companies claim they don’t have enough evidence to determine who was at fault, you need a lawyer who can effectively present all the available evidence on your behalf.  

3. Requesting Full Access to Victims’ Medical Records

When you have an insurance claim after a car accident, you need to be able to prove that you suffered your injuries in the accident. If the insurance companies can claim that any of your injuries were pre-existing—or even that they might have been pre-existing—they will use this to try to avoid liability.

One way the insurance companies try to raise the issue of pre-existing injuries is by requesting full access to victims’ medical records.  An experienced Fort Myers car accident lawyer will argue that under Florida law, you have a valid claim even if there has been an aggravation of a pre-existing condition. 

4. Not Disclosing the Full Coverage that is Available

The insurance companies may also try to minimize their liability by not disclosing the full coverage that is available. They may even fail to discuss an umbrella or employer’s insurance policy. While the amount you are entitled to recover is ultimately based on the financial and non-financial costs you incur as a result of your car accident, as a practical matter, coverage limits often play a key role in post-accident auto insurance claims.

5. Delaying or Drawing Out the Claims Process Longer Than Necessary

Insurance companies know that going through the claims process can be frustrating, and they recognize that the longer the process drags on, the more likely it is that accident victims will give up on seeking the full compensation they deserve. It is extremely common for the insurance companies to delay or draw out the process longer than necessary—and having a lawyer who is prepared to deal with the process on your behalf can help you avoid closing your claim too soon.

6. Making Lowball Settlement Offers

Making lowball settlement offers is an extremely common insurance defense tactic as well. The insurance companies know that many car accident victims are facing challenging financial circumstances, and they rely on this to try to get victims to quickly accept much less than they deserve.

7. Trying to Settle Claims Before Victims Know How Much They Are Entitled to Recover

In this same vein, insurance companies also frequently try to settle claims before victims know how much they are entitled to recover. When the insurance companies do not have grounds to dispute liability, they will shift their focus to settling for as little as possible. In many cases, this means trying to get victims to settle before they have a clear understanding of their long-term medical expenses, lost earnings, pain and suffering, and other financial and non-financial losses.

8. Telling Victims They Do Not Need Legal Representation

When you have an insurance claim after a serious car accident, you need an experienced lawyer on your side. Unfortunately, the insurance companies will often tell victims that they do not need legal representation.

9. Telling Victims that Hiring a Lawyer Will Delay (or Jeopardize) Their Settlement

Not only that, but in some cases, the insurance companies will also tell victims that hiring a lawyer will delay (or jeopardize) their settlement. This is also untrue, as hiring an experienced lawyer is one of the most important steps you can take to help maximize your take-home recovery.

10. Misrepresenting the Facts or the Law

In the most egregious cases, insurance adjusters will misrepresent the facts or the law (or both) in an attempt to protect their employers from liability. While this is relatively uncommon, it does happen.

This is a clear example of insurance bad faith, and when adjusters make misrepresentations, this can entitle accident victims to additional compensation. If you believe that an insurance adjuster has attempted to mislead you, this is something that you will want to discuss with an experienced Fort Myers car accident lawyer right away.

Discuss Your Claim with an Experienced Fort Myers Car Accident Lawyer for Free

Do you need to file an insurance claim after a car accident in Florida? If so, we invite you to contact Randall L. Spivey at Spivey Law Firm, Personal Injury Attorneys, P.A. for a free consultation. Clients of Spivey Law Firm pay no attorneys’ fees or costs unless our firm obtains a monetary recovery for you. To speak with an experienced Fort Myers car accident lawyer about your claim in confidence, call (239) 337-7483 or toll-free 888-477-4839 or request your free consultation online at Spiveylaw.com today.