Common Reasons UM/UIM Claims Are Denied in Florida
Uninsured motorist (UM) and underinsured motorist (UIM) coverage can provide valuable financial protection after a car accident in Florida. If the other driver doesn’t have enough insurance or doesn’t have any at all, this coverage helps pay for your medical bills, lost wages, and other damages. However, a lot of people are shocked when their UM or UIM claims get delayed, disputed, or outright denied.
While each case is different, there are some common reasons insurance companies deny UM/UIM claims. Below are some of the most common reasons UM/UIM claims are denied in Florida.
Delayed Medical Care
Delaying seeing a doctor after the accident is one of the most common reasons for denial. Some people think their injuries are minor or will just get better on their own, so they don’t get checked out right away.
Insurers often claim a delay in seeking medical care means your injuries weren’t actually caused by the crash, or they’re not as serious as you say. Getting medical attention as soon as possible isn’t just important for your health; it creates a record linking your injuries directly to the accident.
Lack of Evidence
Insurers rely heavily on evidence. If you don’t have important evidence such as police reports, photos of the accident, medical records, witness statements, or camera footage, they might dispute the whole claim or fight you over how much you’re owed. The more proof you have, the tougher it is for them to deny your claim.
Disputes Over Fault
Florida follows a modified comparative negligence system, which means your compensation gets reduced if you’re found partly at fault. Sometimes insurers argue the other driver wasn’t responsible, that you caused the accident, or that you share most of the blame. Even a simple comment made at the scene or on a recorded call can be used to challenge your claim. So, be careful when you’re talking to insurance representatives.
Policy Exclusions and Coverage Problems
You’d be surprised how many people don’t really understand what their UM/UIM coverage covers until after they’ve been in an accident. Insurance policies are full of exclusions, limits, and technical requirements.
A claim can get denied because of things like;
- Coverage limits
- Lapsed policy
- Excluded driver/vehicle
Even when you think you’re covered, the wording in your policy can cause disputes.
Missing Deadlines
Insurers require quick notice after an accident. Waiting too long can cause complications. Florida law also gives you a deadline to file a claim. If you miss it, that can give the company another reason to deny coverage altogether.
Pre-Existing Injury Arguments
If you had neck, back, or other issues before the crash, your insurance company may claim that you’re just dealing with old injuries. But, under the eggshell skull rule, if the accident worsened an existing condition, you can still get compensated. Solid medical records and expert opinions are crucial in such cases.
UM/UIM claims can get complicated quickly. It’s best to work with an attorney. A skilled Florida car accident lawyer can review your policy, gather evidence, negotiate with the insurer, and help protect your rights.
Disclaimer: This article is for informational purposes only. It is not legal advice. Each Florida UM/UIM claim is different, so it’s best to speak to an attorney.
Contact Us for Legal Help
If your UM/UIM claim was denied or delayed after a Florida car accident, don’t handle the situation alone. Contact an experienced Orlando car accident lawyer at Orlando Accident Attorneys today to review your case and protect your right to compensation.