Common Defenses Insurance Companies Use Against Injury Claims in Florida
Introduction
When you file a personal injury claim, the insurance company’s primary goal is to pay as little as possible. Adjusters and defense attorneys often use various tactics to reduce or deny claims, even when the injury victim has strong evidence.
Understanding these common defenses can help accident victims prepare for negotiations and protect their right to full compensation.
Common Defenses Used by Insurance Companies
The Injury Was Pre-Existing
One of the most common tactics insurance companies use is claiming that the victim’s injuries were not caused by the accident but instead stem from a pre-existing medical condition.
How to protect your claim:
- Provide medical records showing that the injury did not exist before the accident.
- Obtain a doctor’s opinion linking the injury directly to the accident.
- Avoid signing broad medical release forms that allow the insurer to review unrelated past medical history.
The Victim Was Partially at Fault
Florida follows a modified comparative negligence system, meaning that if an injured person is more than 50 percent at fault, they cannot recover damages. Insurance adjusters often try to shift blame to the victim to reduce or eliminate their payout.
How to fight back:
- Gather evidence such as photos, witness statements, and police reports to prove the other party’s fault.
- Avoid making statements to the insurance company that suggest partial responsibility.
- Work with an attorney to challenge unfair fault assessments.
The Injury Is Not as Severe as Claimed
Insurance companies frequently argue that a victim’s injuries are exaggerated or that they do not require long-term medical care.
How to protect your claim:
- Seek medical attention immediately and follow all treatment plans.
- Keep detailed medical records and documentation of pain levels and activity restrictions.
- Obtain testimony from medical professionals to support the severity of the injury.
The Accident Was Unavoidable or an “Act of God”
Some insurers claim that an accident was caused by an unavoidable event, such as bad weather, rather than negligence.
How to challenge this defense:
- Show that the accident could have been prevented with reasonable care, such as by reducing speed in poor conditions.
- Prove that the at-fault party failed to take necessary precautions.
The Claim Was Filed Too Late
Florida law imposes time limits on personal injury claims. If a claim is filed after the statute of limitations expires, the insurance company will argue that the victim no longer has a legal right to compensation.
How to avoid missing deadlines:
- File the claim as soon as possible after the accident.
- Keep track of all legal deadlines and work with an attorney to ensure compliance.
The Victim Failed to Seek Medical Treatment Quickly
If an accident victim delays medical care, the insurance company may argue that the injury was not serious or was unrelated to the accident.
How to counter this argument:
- Get medical treatment immediately, even if injuries seem minor.
- Follow all doctor’s recommendations and attend follow-up appointments.
- Keep records of all medical visits and prescribed treatments.
There Is No Proof of Liability
In some cases, insurance companies claim that there is not enough evidence to prove their policyholder was responsible for the accident.
How to establish liability:
- Collect strong evidence, including accident scene photos, surveillance footage, and expert testimony.
- Obtain a police report detailing the cause of the accident.
- Work with a personal injury attorney to build a compelling case.
How to Protect Yourself Against Insurance Company Tactics
Limit Communication with the Insurance Company
Insurance adjusters often try to get victims to make statements that could be used to weaken their claim. It is best to let an attorney handle all communication.
Do Not Accept the First Settlement Offer
Insurance companies often offer low initial settlements to close the case quickly. Victims should consult an attorney before accepting any offer to ensure it covers all damages.
Keep Detailed Records of Expenses and Losses
Maintaining thorough documentation of medical bills, lost wages, and other expenses can strengthen a claim and prevent the insurance company from undervaluing damages.
Consult a Personal Injury Attorney
An experienced attorney can handle negotiations, gather evidence, and counter unfair insurance company tactics.
How a Personal Injury Attorney Can Help
Insurance companies use these defenses to reduce or deny payouts, but a skilled personal injury attorney can:
- Challenge false claims about fault or pre-existing conditions.
- Gather medical and accident evidence to support the case.
- Negotiate with insurance adjusters for fair compensation.
- File a lawsuit if the insurance company refuses to settle fairly.
At Bonderud Law, we have extensive experience handling personal injury claims and fighting back against insurance company tactics. If your claim has been denied or undervalued, contact us today for a free consultation.
Conclusion
Insurance companies often try to avoid paying full compensation by using various legal defenses. Understanding these tactics and preparing strong evidence can help accident victims protect their right to recovery.
If an insurance company is trying to reduce your claim unfairly, consulting an experienced personal injury attorney can help ensure that you receive the compensation you deserve.
