How Insurance Companies Avoid Paying Personal Injury Claims in Miami, Florida
April 24, 2023 | Sagi Shaked | Personal Injury
When you’ve been injured in an accident in Miami, FL, filing a personal injury claim can be a stressful and tedious process. As the victim, you deserve compensation for your medical expenses, lost time at work, and pain and suffering.
Unfortunately, insurance companies will often go to great lengths to avoid paying claims. Whether it’s delay tactics or misrepresenting policy coverage, there are a multitude of ways that insurance companies try to get out of paying personal injury claims.
Some of the most common include:
One of the most common tactics insurance companies use is prolonging the investigation process. They may do this by requesting more and more documents from you or by delaying their response time.
For example, an insurance company might require additional medical records even though it’s not necessary for the claim. This tactic can be used to wear down victims and make them more likely to accept a low settlement offer.
Requesting Unnecessary Documents
Another common tactic is for insurers to request unnecessary documents that are not related to the claim or have already been provided. This can be especially annoying and time-consuming for claimants who are already dealing with the stress of recovering from the accident.
Denying liability is another way that insurers try to avoid paying out on a personal injury claim. They may argue that the claimant was at fault in some way, even if there is no clear evidence of this being true. Claimants should review any denial letter carefully and prepare a strong argument against it in order to fight back against these tactics.
Shifting Blame To the Accident Victim
Insurance companies may also try shifting blame to the victim in order to avoid responsibility for a claim payout. For example, they might suggest that the victim should have taken different actions to prevent the incident.
Citing Pre-Existing Conditions
Insurers may also cite pre-existing conditions as an excuse not to pay a personal injury claim. Claimants should provide evidence showing how the accident resulted in a new injury or worsened their pre-existing injury.
Claiming Policy Exclusions
Insurers may try claiming that certain injuries or damages fall under exclusions listed in their policies in order to deny payment on a personal injury claim (even if those exclusions don’t actually exist).
This can be especially problematic if claimants don’t read through the policies carefully enough beforehand. If this happens, they won’t know what exactly falls under an exclusion and could end up accepting a low offer or receiving nothing when they’re actually entitled to compensation.
Taking Advantage of Financial Pressure
Insurance companies may take advantage of the financial pressure faced by many claimants who are dealing with expensive medical bills or missing work due to their injuries. By exploiting this vulnerability, insurers hope that people will take whatever offers are made rather than standing up for themselves and arguing for more money.
Undermining the Value of Claims
Insurers often try to undermine the value of personal injury claims. They may question the severity of injuries suffered and/or the treatment received or make accusations about fraud, making victims feel powerless. It’s important to dispute these allegations and provide evidence supporting your injuries and losses.
A Miami Personal Injury Lawyer Can Prevent the Insurance Company from Avoiding Liability for Your Claim
Despite these tactics, victims should not give up hope of recovering damages from an insurer who wrongfully denies a claim. Victims should seek legal counsel immediately after being injured in order to ensure that their rights are protected and they receive fair compensation for their losses.