If you have suffered injuries or property damage in a Boca Raton car accident, you may receive compensatory damages with help from a Boca Raton car accident lawyer. In most cases, the damages are recovered from your own insurance company. This is because Florida is a no-fault state.
However, your insurer may not be willing or ready to accept your claim for damages in the wake of a crash. Here are some common reasons why your claim may be denied.
You Contributed to the Crash
When you file a Boca Raton car crash claim, the insurance company may argue that you caused the crash or contributed to it. The company may use this as a pretext to deny your damages claim. An insurer can cite this reason when the crash involves your negligence. For instance, if you were texting or driving under the influence at the time, the insurer may claim that accident was avoidable.
Even when your claim is accepted, the insurance may cite your negligence as an excuse to reduce your amount of damages. This is because Florida’s pure comparative fault law allows you to recover compensation when you were at fault but stipulates that the compensation must be reduced proportionate to your percentage of fault.
You Didn’t Seek Treatment After Crash
One of the most important things you must do after a Boca Raton car crash is to see a doctor and undergo treatment. Many crash victims tend to think they have no injuries right after the accident, only to later realize that they actually do have internal injuries. If you delay treatment, the insurer may argue that your injuries were not related to the crash itself. You can avoid this objection by ensuring that you immediately seek medical treatment and have documentation to prove this.
You Don’t Have Documentation to Prove Injuries
Even if you sought treatment right after an accident but don’t have the documentation to show it, the insurance company can claim that you had no injuries at all. This is why it is critically important to have the documentation to prove your injuries. Such documentation can include medical records from the hospital or facility that treated you, records from your physician, as well as other notes from the treating doctor.
You Have a Pre-Existing Condition
When you cite your crash-related injuries to seek compensation in lieu of medical costs, an insurance company can object to it. The most common defense from insurers is that you had pre-existing medical conditions. For instance, if you experience pain in your neck after an accident, the insurer may argue that you already had the neck pain before the accident. The insurance companies follow this line of argument to show that no connection exists between your injury and the crash. However, it is easy to counter this objection with the help of a good lawyer.
The Insurance Policy Doesn’t Apply
When you file a car crash claim, the insurer may deny it saying that the policy doesn’t cover your claim. This is particularly the case when a person other than you was driving the vehicle when the accident occurred. The company may also state that your policy has lapsed. These and similar other objections are often unfounded, indicating a bad faith on the part of the company.
Countering Objections Raised by Insurance Companies
The reasons above are some of the objections that insurance companies use to reject your claim. Even when a company accepts your claim, it will use arguments like these to trim down the actual amount of damages. On your own, it can be quite hard to deal with insurance adjusters or the lawyers of an insurance company.
This is why you will need sound legal help on your side when dealing with insurers. A good lawyer will negotiate with the insurers on your behalf, counter their objections, prove your losses, and make sure you get paid a fair amount of damages. If need be, your lawyer will also deal with the insurance company’s lawyers and take your case to the court if required.
Hiring a Boca Raton Car Accident Lawyer
Here at Englander Peebles Attorney at Law, our lawyers specialize in auto insurance laws of Florida. With our extensive experience, we fully understand the way insurance companies operate and their common tactics. We work with you to safeguard your rights when dealing with insurers in the wake of a car crash. Contact us today to discuss your car crash case and see how we can help you in getting a fair settlement.