Dealing With a Denied Car Accident Insurance Claim
When an insurance company refuses to pay your car accident claim, it can feel overwhelming and unfair. Unfortunately, claim denials are common—and insurers often hope you will give up and move on. You don’t have to.
If your car accident claim has been denied, you still have options. Taking the right steps after a denial can make all the difference, and an experienced car accident attorney can help you fight back.
Do not walk away from a denied claim. You have rights, and legal help is available.
What to Do After an Insurance Claim Is Denied
Stay Calm and Avoid Emotional Reactions
It’s natural to feel angry or frustrated when an insurance company refuses to pay for your injuries. However, emotional reactions rarely lead to positive results. Insurance adjusters deal with angry phone calls and threats every day, and these responses typically do not change their decisions.
Insurance companies are more likely to take your claim seriously when you take formal legal action. Instead of reacting emotionally, focus on protecting your rights.
The best response to a denial is not anger—it’s action. Speaking with an experienced car accident lawyer sends a clear message that you are prepared to pursue the compensation you deserve.
How a Car Accident Lawyer Can Help
Insurance companies often view claim denials as a “win” when injured victims do not fight back. Adjusters may close your file and wait for the statute of limitations to expire, knowing many people feel overwhelmed by the process.
An experienced personal injury attorney can:
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Review your denial and identify weaknesses in the insurer’s reasoning
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Gather additional evidence to support your claim
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Handle all communication with the insurance company
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Negotiate aggressively or take legal action when necessary
At Applebaum Accident Group, we have successfully helped clients recover compensation—even after an insurance company initially denied their claim.
Why Did the Insurance Company Deny Your Claim?
To challenge a denial, you first need to understand why the insurance company refused to pay. Insurers are required to provide a written explanation outlining the reasons for the denial.
If you did not receive a denial letter—or misplaced it—request a copy immediately. These letters often contain complex legal and insurance terminology, which is why reviewing them with a personal injury attorney is critical.
Insurance companies are required to follow specific claim-handling rules, including:
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Conducting a reasonable investigation
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Not denying claims without supporting evidence
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Responding to communications promptly
If the insurer failed to follow these rules or relied on incomplete information, your attorney can challenge the denial.
Even When the Other Driver Is at Fault, PIP Comes First
Florida is a no-fault state, which means your own Personal Injury Protection (PIP) coverage typically pays first—regardless of who caused the accident.
PIP coverage generally includes:
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Up to 80% of medical expenses
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Up to 60% of lost wages
However, you may pursue a liability claim against the at-fault driver if your injuries meet Florida’s “serious injury” threshold, such as:
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Permanent injury
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Significant and permanent loss of bodily function
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Significant scarring or disfigurement
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Death
If you meet these requirements and the insurer still refuses to pay, an attorney can help present the necessary medical documentation and legal arguments.
Coverage Issues With the At-Fault Driver
Sometimes, an insurance company denies a claim due to coverage problems with the at-fault driver’s policy. This can happen when:
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The policy lapsed due to nonpayment
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The driver was excluded from coverage
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The accident occurred during an excluded activity (such as rideshare use)
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The insurer alleges fraud or lack of cooperation
If coverage is denied, you may still have options, including:
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Filing an uninsured/underinsured motorist (UM) claim with your own insurer
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Investigating rideshare insurance coverage if Uber or Lyft was involved
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Exploring other liable parties
An attorney can determine the best path forward based on your specific situation.
Disputes Over Fault and Liability
Insurance companies often deny or reduce claims by disputing who caused the accident. In Florida, liability is based on comparative negligence, meaning more than one party can share fault.
Even if the insurer claims you were partially responsible, you may still recover compensation based on the other driver’s percentage of fault.
In some cases, insurers raise liability disputes as a negotiation tactic to pressure victims into accepting low settlements. A skilled attorney can push back by presenting strong evidence and, if necessary, taking the case to court.
When the Insurance Company Questions Your Injuries
Insurers frequently challenge the severity or legitimacy of injuries—especially soft tissue injuries like whiplash or back pain. They may rely on surveillance, social media activity, or prior injury records to minimize or deny your claim.
If you have pre-existing injuries, that does not eliminate your right to compensation. Florida law allows recovery when an accident worsens a prior condition.
Your attorney can work with medical experts to prove the full extent of your injuries and counter the insurer’s arguments.
Insurance Fraud Allegations
If an insurance company suspects fraud, it may deny your claim outright. Investigators are trained to look for red flags, even when a claim is legitimate.
Allegations of fraud are serious and should never be handled alone. An experienced personal injury lawyer can intervene, protect your rights, and help clear up any misunderstandings.
Get Help From an Experienced Car Accident Lawyer
If your car accident claim has been denied, the most important step you can take is speaking with a knowledgeable car accident attorney. Insurance companies have teams of lawyers working to protect their interests—you deserve someone protecting yours.
At Applebaum Accident Group, we fight to hold insurance companies accountable and pursue the full compensation our clients deserve. We handle cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Contact Applebaum Accident Group Today
Insurance claim denials are often complex and stressful, but you do not have to face them alone. Our legal team has the experience and resources to challenge unfair denials and protect your rights.
📞 Call Applebaum Accident Group today for a consultation(855-Call-Paul)
💻 Or contact us online to learn how we can help with your denied car accident claim.
