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Steven G. Lavely Steven G. Lavely
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How Insurance Companies Deny or Downplay Your Claim

Claims2

In the aftermath of a car accident, getting the amount you are entitled to in a claim plays a key role in recovering from your injuries. In addition to compensating you for any current medical expenses and lost wages you suffer, it should also cover any future costs you are likely to incur. Remember, before signing any agreements or accepting any decisions the insurance company makes in your case, you have only one chance to get the compensation you need to recover. Protect yourself by being aware of how insurers often deny or downplay claims.

How Claims Adjusters Downplay Claims

Insurance companies are in business to make money, and one of the ways they do this is by denying or downplaying your claim. Dispel any myths you hold about the insurer looking out for your interests. Everyone you deal with, from the claims representative to the adjuster, is an employee of the company and their job depends on increasing overall  profits.

This is not to say an insurer may not offer a fair settlement eventually-it just means it is likely to not come easy. Under the Florida Statutes, the insurance company can be held liable for acting in ‘bad faith’, meaning they cannot refuse to settle a claim for a reasonable amount when the circumstances warrant it. Tactics they may take in undervaluing your claim while still upholding the law include:

  • Downplaying the extent of your injuries or claiming them as a pre-existing condition;
  • Downplaying property damages to your vehicle or items inside;
  • Not factoring in future medical expenses, such as ongoing doctor visits and physical therapy;
  • Not factoring in potential lingering disabilities and the impact this could have on future earnings.

Reasons Your Claim May Be Denied

Even if you were partly responsible for your car accident or the injuries you suffer you may still be entitled to compensation, though it would be for a reduced amount. Insurers often attempt to shift blame to avoid making payouts which is why you need to speak with an experienced car accident attorney before making any statements. According to Fox Business News, there are certain situations in which the insurance company may be entitled to make a complete denial:

  • In cases of fraud, where you attempted to exaggerate the accident, your injuries, or your damages;
  • In cases where a policy lapsed or contained only certain types of coverage;
  • In cases where policy exclusions rule out certain types of accidents, such as those where another driver was behind the wheel;
  • In cases where you were clearly to blame for the car accident or the extent of the injuries you suffered.

Let Us Help You Today

Before making any statements which could jeopardize your ability to collect compensation in an insurance claim, reach out and contact the Law Office of Steven G. Lavely first. We can arrange a no obligation consultation with our Bradenton car accident attorney, who can advise you on your rights and the best course of action in your case.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html

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