When the At-Fault Driver’s Insurance Denies Your Claim in Florida

What to Do When the At-Fault Driver’s Insurance Won’t Pay Your Claim

When you’re involved in a car accident caused by another driver, you expect their insurance to cover your damages. However, it’s common for the at-fault driver’s insurance company to deny or delay your claim, leaving you frustrated and financially burdened. This detailed guide explores why insurance companies deny claims, the steps you can take to fight back, and how to protect your rights to ensure fair compensation. Whether dealing with property damage, medical bills, or lost wages, this article will empower you to navigate the complex claims process effectively.

Understanding Florida’s Modified Comparative Negligence System (2023 Update)

As of March 24, 2023, Florida operates under a modified comparative negligence system. This means:

If you are more than 50% at fault, you cannot recover damages.
If you are 50% or less at fault, your compensation is reduced by your percentage of fault.

This legal shift makes it more crucial than ever to establish the other driver’s fault clearly and to challenge any attempt by insurers to shift blame onto you.

Reasons the At-Fault Driver’s Insurance May Deny Your Claim

1. Liability Dispute

One of the most common reasons insurance companies refuse to pay is a dispute over fault. Even in seemingly clear-cut cases, insurers will try to shift blame or argue comparative negligence to reduce their financial responsibility.

They may claim you caused or contributed to the accident.
They may question the credibility of your version of events
They may cite a lack of evidence or inconsistent witness statements

2. Policy Limits Are Too Low

Florida drivers are only required to carry a minimal amount of insurance under the law. If the at-fault driver only has the minimum policy and your injuries are serious, their coverage may not be enough to pay for your full damages.

Florida’s minimum bodily injury coverage is not mandatory for all drivers
Most carry Property Damage Liability (PDL) and Personal Injury Protection (PIP), but not enough to fully compensate for serious injuries

3. Insurance Company Acting in Bad Faith

In some cases, the refusal to pay has nothing to do with the facts of the accident. Instead, it may be a case of insurance bad faith, where the insurer:

Delays the investigation
Ignores key evidence
Refuses to communicate
Makes lowball offers intentionally

This is especially common when claimants don’t have legal representation.

What If the At-Fault Driver Has No Insurance?

Despite mandatory insurance laws, many Florida drivers remain uninsured or underinsured.

If you’re hit by one of them, here’s what to do:

Check your policy for UM/UIM coverage
Explore whether any third-party liability (e.g., employer of driver, vehicle owner) could be involved.

Can I Sue the At-Fault Driver Personally?

Yes, especially if they are uninsured or underinsured. However, collecting a judgment may be difficult unless the debtor has assets or income.

Step-by-Step Guide: What to Do Next

1. Understand Florida’s No-Fault Insurance Rules

Florida is a no-fault insurance state, meaning your Personal Injury Protection (PIP) insurance pays for initial medical expenses and lost wages, up to $10,000, regardless of who caused the accident. But suppose your injuries are severe (e.g., permanent injury, significant scarring, or loss of bodily function). In that case, you can step outside the no-fault system and pursue compensation from the at-fault driver’s insurance.

2. Gather Strong Evidence

Insurance companies are more likely to pay when you present solid evidence that proves their insured party was at fault.

Make sure you collect:

The police report
Medical records and bills
Photos of the accident scene and damage
Witness statements
Traffic camera or dashcam footage (if available)

3. Don’t Give a Recorded Statement Without Legal Advice

The insurer may request a recorded statement from you recorded statement. Be cautious. What you say can be used against you. It is wise to speak with a Florida car accident attorney before making any statements on the record.

4. File a Claim Through Your Insurance (If needed)

If the at-fault driver’s insurance refuses to pay and you have collision coverage or uninsured/underinsured motorist (UM/UIM) coverage, your insurer may step in and pay for the following:

Vehicle repairs or replacement
Medical bills beyond PIP limits
Lost wages
Pain and suffering (with UM/UIM)

You can then pursue subrogation, where your insurance company seeks reimbursement from the at-fault party.

5. Consult an Expert Florida Personal Injury Insurance Claim Lawyer

At Williams Law, P.A., our personal injury lawyers can help you:

Investigate and prove liability
Communicate with the insurance company.
Demand full compensation
File a personal injury lawsuit if needed
Navigate Florida’s modified comparative negligence laws

What Damages Can You Recover from the At-Fault Driver?

If successful, you may be entitled to compensation for:

Medical bills
Future medical care
Lost wages and reduced earning ability
Pain and suffering
Vehicle repair or replacement
Emotional distress

Why Hire Williams Law, P.A. Personal Injury Lawyers?

At Williams Law, P.A., we understand the frustration and anxiety that come with dealing with an uncooperative insurance company. Our team of experienced accident lawyers is dedicated to helping you fight for the compensation you deserve. Here’s why you should consider hiring us:

Over 30 years of Experience in Insurance Litigation: We specialize in personal injury and car accident claims, bringing knowledge and experience to every case. We understand the tactics insurance companies use to avoid paying claims and know how to counter them effectively.
Personalized Attention: At Williams Law, P.A., we believe in providing personalized legal services. We take the time to understand your unique situation and tailor our approach to meet your specific needs. You are not just another case number to us; you are a person who deserves justice.
Aggressive Advocacy: We are committed to fighting for your rights. Our expert insurance litigation lawyers are skilled negotiators and, when necessary, fearless litigators. We won’t back down from taking your case to court if that’s what it takes to get you the compensation you deserve.
No Upfront Fees: We work on a contingency fee basis, meaning you don’t pay us unless we win your case. This allows you to pursue justice without worrying about upfront legal costs.
Proven Track Record: We have a proven track record of securing favorable client settlements and verdicts. Our success is built on our dedication to achieving the best possible outcomes for those we represent.

More Personal Injury Resources from Williams Law, P.A:

Conclusion: Don’t Let the Insurance Company Intimidate You

If the at-fault driver’s insurance won’t pay, you still have powerful options. Whether the issue is a denied claim, an unfair settlement, or a stalled negotiation, you deserve a full recovery for what you’ve lost. Don’t settle for less.

If you’re getting the runaround from an insurance company, we’re here to help. Our experienced Florida car accident attorneys will review your case, help you gather evidence, negotiate with the insurance company, and, if necessary, file a lawsuit to ensure you receive the compensation you deserve. Call us at 1-800-451-6786 or fill out our online contact form.