An insurance denial after a car accident in Florida does not mean your case is over. It means the insurance company has decided that paying you is not in their financial interest. That decision can be challenged, reversed, or overridden through the legal process.

If your car accident claim has been denied, you have options. At Bozanic Law, we represent accident victims who have been wrongfully denied coverage and help them recover the compensation they’re owed.

Why Do Insurance Companies Deny Car Accident Claims in Florida?

Insurance companies deny claims for a wide range of reasons. Some are legitimate. Many are not.

The most common reasons include:

• Disputed liability. The insurer claims you were at fault or shares blame for the accident. Under Florida’s modified comparative negligence system (Florida Statute § 768.81), if you are found more than 50% at fault, you cannot recover damages.
• Lapsed or insufficient coverage. The insurer argues your policy was not active at the time of the accident or that the type of loss is not covered under your policy terms.
• Failure to seek timely medical treatment. Florida’s PIP (Personal Injury Protection) statute requires you to seek medical treatment within 14 days of the accident to qualify for full PIP benefits under § 627.736. Missing this window can limit or eliminate your PIP coverage.
• Pre-existing conditions. The insurer claims your injuries existed before the accident. This is one of the most commonly used denial tactics, even when the accident clearly worsened a prior condition.
• Recorded statements used against you. If you gave a recorded statement to the insurance adjuster shortly after the accident, your own words may have been used to justify the denial.
• Insufficient documentation. The insurer claims you did not provide enough evidence to support your claim for damages.

What Steps Should You Take After a Claim Denial?

1. Get the Denial in Writing

Florida law requires insurers to provide written explanations for claim denials. If you received a verbal denial, request a written denial letter specifying the exact reasons your claim was rejected. This letter becomes the foundation for your appeal or legal action.

2. Review Your Insurance Policy

Your policy is a contract. The insurer is bound by its terms. Review your declarations page, coverage limits, and exclusions. Many denials are based on policy interpretations that do not hold up under scrutiny.

3. Do Not Accept the First “No”

Insurance companies count on claimants giving up after the initial denial. The denial letter is often the starting point of the real negotiation, not the end. Many denied claims are reversed after attorneys get involved and present additional evidence or legal arguments the insurer cannot ignore.

4. Gather and Preserve Evidence

Build the strongest possible record of your accident and injuries:

• Police accident report
• Medical records and bills from all treating providers
• Photographs of vehicle damage and injuries
• Witness contact information and statements
• Documentation of lost wages and out-of-pocket expenses

5. Consult a Personal Injury Attorney

An experienced attorney can evaluate whether the denial was legally justified or whether the insurer is acting in bad faith. In many cases, a demand letter from an attorney is enough to reopen a denied claim.

Can You Sue an Insurance Company for Denying Your Claim in Florida?

Yes. Florida provides two legal paths for challenging an insurance denial:

Breach of Contract

Your insurance policy is a binding contract. If the insurer fails to pay covered losses as outlined in the policy, you can sue for breach of contract and recover the benefits owed, plus interest.

Bad Faith Under Florida Statute § 624.155

Florida Statute § 624.155 allows you to bring a civil action against an insurer that fails to act in good faith when handling your claim. Bad faith conduct includes:

• Failing to investigate your claim promptly and thoroughly
• Denying claims without a reasonable basis
• Failing to communicate the status of your claim
• Offering unreasonably low settlements
• Ignoring or misrepresenting policy provisions

Before filing a bad faith lawsuit, you must submit a Civil Remedy Notice to the Florida Department of Financial Services and give the insurer 60 days to resolve the issue. If the insurer fails to cure the violation within that window, you can proceed with litigation.

Successful bad faith claims can result in damages beyond the original policy limits, including consequential damages and, in some cases, attorney’s fees.

What About the At-Fault Driver’s Insurance?

If you’re pursuing a claim against the other driver’s insurance and it’s been denied, your options include:

• Filing a lawsuit directly against the at-fault driver. The two-year statute of limitations under Florida Statute § 95.11 applies to personal injury claims arising from accidents on or after March 24, 2023.
• Utilizing your own uninsured/underinsured motorist (UM/UIM) coverage under § 627.727 if the at-fault driver’s coverage is insufficient or nonexistent.
• Pursuing a claim through Florida’s Financial Responsibility Law (§ 324.021) against uninsured drivers.

How Long Do You Have to Challenge a Denied Claim?

Time is not on your side. Florida’s two-year statute of limitations for personal injury claims means the clock is running from the date of the accident, regardless of the status of your insurance claim. Filing an insurance claim does not pause or extend this deadline.

If the insurer drags out the process and you miss the two-year window, you lose the right to file a lawsuit entirely. This is one of the primary reasons to consult an attorney early in the process, well before any filing deadline approaches.

How Can a Personal Injury Attorney Help After a Claim Denial?

An attorney can:

• Identify the true reason for the denial and whether it has legal merit
• Gather additional evidence to strengthen your claim
• Draft a demand letter that puts the insurer on notice
• File a Civil Remedy Notice under § 624.155 when bad faith is suspected
• Negotiate directly with the insurer’s legal team
• File a lawsuit and litigate the claim if the insurer refuses to pay

At Bozanic Law, we handle car accident insurance disputes throughout Broward County, Miami-Dade County, and Palm Beach County. We have the litigation experience to take on insurance companies that deny valid claims.

Contact Bozanic Law to discuss your options in a confidential consultation.

No Panic, Call Bozanic!