Common Defenses Insurance Companies Use Against Injury Claims in Florida
Introduction
When you file a personal injury claim in Florida, insurance companies will often try to minimize or deny your compensation. Adjusters and legal teams use various tactics to reduce payouts, even when a claim is valid.
Understanding the common defenses insurance companies use can help injury victims protect their rights and avoid costly mistakes that could hurt their case.
1. The Injury Was Pre-Existing
One of the most common defenses insurers use is claiming that the victim’s injury was not caused by the accident but was instead a pre-existing condition.
How to fight back:
- Provide medical records showing that the injury did not exist before the accident.
- Obtain doctor’s testimony linking the injury to the accident.
- Avoid signing broad medical release forms that allow the insurer to dig through unrelated medical history.
2. The Victim Was Partially at Fault
Florida follows a modified comparative negligence rule, meaning that if an injured person is more than 50% at fault, they cannot recover damages. Insurance companies will often try to increase the victim’s percentage of fault to reduce or eliminate compensation.
How to fight back:
- Gather surveillance footage, witness statements, and accident reports to establish the true cause of the injury.
- Avoid making statements to the insurance company that could suggest partial fault.
- Work with an attorney who can challenge unfair fault assignments.
3. The Injury Is Not as Serious as Claimed
Insurance companies frequently argue that the victim is exaggerating injuries or that they do not require long-term treatment.
How to fight back:
- Seek immediate medical attention after the accident.
- Follow all medical treatment plans and attend follow-up appointments.
- Obtain medical expert testimony to support claims of long-term pain or disability.
4. The Accident Was Unavoidable or Due to an Act of God
In some cases, insurers may claim that the accident was unavoidable due to weather conditions or other external factors. This defense is used to argue that no one was at fault, so the company should not have to pay.
How to fight back:
- Show evidence of negligence, such as failure to maintain property or reckless driving.
- Demonstrate that the accident could have been prevented with proper care.
5. The Victim Delayed Medical Treatment
If a victim waits days or weeks to seek medical attention, insurance companies may argue that:
- The injuries were not serious.
- The injuries were caused by something other than the accident.
How to fight back:
- Seek medical care immediately after the accident, even if symptoms seem minor.
- Follow up with doctors and specialists to document the full extent of injuries.
6. The Victim Assumed the Risk
If an injury occurred during an activity with known dangers (such as extreme sports or construction work), insurers may claim that the victim assumed the risk and waived their right to compensation.
How to fight back:
- Prove that negligence played a role, such as defective equipment or lack of safety measures.
- Show that the risk was greater than what was reasonably expected.
7. There Is No Proof of Liability
In cases where fault is unclear, insurers may argue that there is not enough evidence to prove their client was responsible.
How to fight back:
- Collect witness statements, accident reports, photos, and video footage.
- Work with experts to reconstruct the accident and determine who was at fault.
8. The Claim Was Not Filed on Time
Florida has a two-year statute of limitations for personal injury cases. If a claim is filed late, insurers will argue that the victim no longer has a right to compensation.
How to fight back:
- File the claim as soon as possible after the accident.
- Keep track of all deadlines and legal requirements.
9. The Victim’s Statements Contradict the Evidence
Insurance companies will closely review all statements made by the victim. If there are inconsistencies in medical records, police reports, or witness accounts, they may argue that the claim is not credible.
How to fight back:
- Avoid making inconsistent or offhand statements to adjusters.
- Let an attorney handle communications with the insurance company.
10. The Claim Exceeds Policy Limits
Even if an accident claim is valid, an insurance company may argue that the damages exceed the policy limits, meaning they can only pay a certain amount.
How to fight back:
- Check if the defendant has umbrella policies or additional coverage.
- Explore filing a personal injury lawsuit against the at-fault party for excess damages.
How a Personal Injury Attorney Can Help
Insurance companies use these tactics to reduce or deny claims, but an experienced personal injury attorney can:
- Identify bad faith insurance tactics and challenge unfair denials.
- Negotiate for maximum compensation based on medical records and expert testimony.
- Handle all communication to prevent claimants from saying anything that could be used against them.
- File a lawsuit if the insurance company refuses to offer a fair settlement.
At Bonderud Law, we fight for injury victims and ensure they are not taken advantage of by insurance companies. If your claim has been delayed, denied, or undervalued, contact us today for a free consultation.
Conclusion
Insurance companies often use delaying tactics, fault disputes, and lowball settlements to minimize payouts in personal injury claims. Understanding these strategies can help injury victims avoid common pitfalls and protect their right to full compensation.
If you are dealing with an insurance company that is refusing to pay what you deserve, consulting a personal injury attorney can help you fight back and secure the compensation you need for recovery.
