Pointing the Finger: How the Insurance Companies Try to Avoid Paying for Auto Accidents in Florida

When you get injured in an auto accident, seeking compensation for your repair bills, medical bills, and other losses generally means dealing with the insurance companies. Unfortunately, this is usually much more difficult than it should be. The insurance companies put their interests first, and they use a variety of tactics to avoid paying accident victims the financial compensation they deserve. This is one of many reasons why it is important for accident victims to have an experienced Florida auto accident attorney on their side.

One way insurance companies try to avoid paying accident victims is by pointing fingers. They will point the finger at a variety of different parties—including accident victims in many cases. While this is unfortunate, it has become part of the process, and accident victims need to be prepared to fight for the financial compensation they deserve.  

5 Ways Insurance Companies Try to Avoid Liability for Auto Accidents

Were you injured in an auto accident in Florida? If so, here are five ways the insurance companies might try to avoid covering your losses:

1. Accusing Other Drivers of Being At Fault in the Crash

One of the most common ways that insurance companies try to avoid liability is by accusing other drivers of being at fault in the crash. If the insurance companies can use any evidence (or any lack of evidence) to argue that their policyholders weren’t at fault, they will not hesitate to try to pass the blame to their competitors.

2. Accusing Accident Victims of Being Responsible for Their Own Injuries

Another common way that insurance companies try to avoid liability is by blaming victims for their own injuries. Previously, Florida law provided that if an accident victim was partially at fault in the accident, the victim was still entitled to recover a percentage of his or her losses—even if the victim was primarily at fault.

Today, however, this is no longer the case. Under Florida’s new contributory fault law, if an auto accident victim is found primarily at fault for his or her injuries, the victim is not entitled to any financial compensation. As a result, today, the insurance companies have even more of an incentive to try to blame victims for what happened.

3. Blaming Accidents on Vehicle Defects

Auto insurance companies also try to avoid liability for victims’ injuries by blaming accidents on vehicle defects. If a vehicle defect causes an accident (or causes an accident victim’s injuries), the manufacturer is legally responsible under Florida law. But proving that a vehicle was defective requires a comprehensive investigation, and vehicle defects are far less common than mistakes behind the wheel.

4. Blaming Accidents on Inadequate Vehicle Maintenance

Along with blaming vehicle defects, insurance companies will also try to blame auto accidents on inadequate vehicle maintenance in some cases. If a driver’s tires were bald, if a driver’s brake pads were worn, or if there is evidence of any other maintenance-related issue, this can lead to an insurance claim denial as well.

5. Blaming Accidents on Issues with the Road

In addition to blaming vehicle-related issues, the insurance companies will also blame road-related issues whenever possible. If the insurance companies can blame a pothole, a dangerous construction zone or any other road-related issue for an auto accident, they will not hesitate to do so in an effort to protect themselves against liability.

How Can You Prove that You Are Entitled to Insurance Coverage?

With these tactics in mind, if you were injured in a collision, how can you prove that you are entitled to insurance coverage? Some of the keys to securing insurance coverage after an auto accident in Florida include:

• Filing a No-Fault Insurance Claim – Regardless of the cause of your auto accident, you should be able to file a no-fault claim under your insurance policy. No-fault coverage is mandatory in Florida. While no-fault insurance does not cover all of the costs associated with accident-related injuries, you should be able to secure coverage for at least a portion of your medical bills and lost wages.
• Hiring an Attorney to Conduct an Investigation – Due to the issues discussed above, if you have an insurance claim, you do not want to rely on the insurance companies’ investigation. Instead, you should hire an attorney to investigate with your best interests in mind. After investigating your auto accident, your attorney will be able to deal with the insurance companies on your behalf.
• Relying on Your Attorney to Establish Liability – After an auto accident, conducting an on-scene investigation is just the first step toward establishing liability. From obtaining the other driver’s phone records to obtaining evidence from your vehicle’s manufacturer, your attorney may need to take a variety of other steps to prove your legal rights. Going forward, you should rely on your attorney to prove your legal rights and fight for the compensation you deserve.

It is also important to keep in mind that filing an auto insurance claim might not be your only option. While accidents involving vehicle defects, maintenance issues and road hazards are relatively rare, they do happen. In some cases, drivers’ employers and rideshare companies can be held liable for auto accidents as well. Once you hire an experienced Florida auto accident attorney to represent you, your attorney will be able to evaluate all potential claims and take all necessary steps to seek just compensation on your behalf.

Do You Have a Claim? Find Out from an Experienced Florida Auto Accident Attorney for Free

At Searcy Denney, we have decades of experience helping auto accident victims in Florida fight for the financial compensation they deserve. If you would like help dealing with the insurance companies, we encourage you to contact us promptly for a free, no-obligation consultation. To speak with an experienced Florida auto accident attorney in confidence as soon as possible, call 800-780-8607 or tell us how we can contact you online today.