What If My Car Was Hit and Their Insurance Won’t Pay?

If another driver caused your Florida car accident but their insurance company refuses to pay, the denial does not necessarily mean your claim is over. The insurer may dispute who caused the crash, whether its policy covers you, the amount of your property damage, whether the collision caused your injuries, or the value of your losses.

Depending on the circumstances, you may be able to provide additional evidence, challenge the insurer’s position, use applicable coverage under your own policy, or pursue a claim against the responsible driver or another liable party.

If you were injured in the collision, a Fort Lauderdale car accident lawyer at Winston Law Firm can investigate the crash, review available insurance coverage, and help determine what options may remain after an insurer refuses to pay.

Why Won’t the Other Driver’s Insurance Pay?

An insurance company’s refusal to pay does not always mean it believes no accident occurred. A claim can be delayed, reduced, or denied for many different reasons.

Common issues include:

• The insurer disputes who caused the collision
• The other driver gives a different account of what happened
• The insurer claims its policy does not cover the accident
• The driver was excluded from the policy
• The insurer disputes the amount of vehicle damage
• The insurer questions whether all claimed damage came from the crash
• The insurer challenges whether your injuries were caused by the accident
• The insurer disputes the extent or value of your losses
• Additional evidence or documentation is still being requested

An adjuster’s initial decision is not necessarily the final word on liability or damages.

What If the Insurance Company Says Its Driver Wasn’t at Fault?

Liability disputes commonly lead to third-party insurance claims being denied or reduced.

The other driver’s insurance company may rely on its insured’s version of the crash, police information, photographs, witness accounts, vehicle damage, or other evidence when deciding whether to accept responsibility.

Evidence that may help establish how a collision occurred can include:

• Crash-scene photographs and video
• Dashcam footage
• Nearby surveillance video
• Witness statements
• Police reports
• Vehicle damage patterns
• Electronic vehicle data when available
• Cellphone or other records in appropriate cases
• Accident reconstruction evidence in serious or disputed crashes

If you haven’t already, Winston Law Firm’s guide on what to do after a car accident that wasn’t your fault explains additional steps to help protect evidence and your claim.

What If Both Drivers Are Blamed for the Crash?

Florida uses a modified comparative-fault system for many negligence claims.

If you are partly responsible for the collision, recoverable damages generally can be reduced according to your percentage of responsibility. In negligence actions covered by Florida’s comparative-fault statute, a claimant found to be more than 50% responsible for his or her own harm generally cannot recover damages.

An insurance company’s percentage-of-fault assessment is not automatically controlling. Evidence about how the collision occurred can affect the ultimate allocation of responsibility.

What If the Other Driver’s Insurance Says There Is No Coverage?

Sometimes the dispute is not primarily about who caused the crash. The insurer may contend that the policy did not provide coverage for the driver or accident.

Coverage disputes can involve questions such as:

• Whether the policy was active on the accident date
• Whether the person driving was insured or excluded
• Whether the vehicle was covered under the policy
• Whether the vehicle was being used for business or another purpose affecting coverage
• Whether another insurance policy may apply

A coverage denial can complicate a claim because determining responsibility and determining whether an insurance policy applies are separate issues.

Depending on the facts, an attorney may investigate additional policies, an employer or business relationship, the vehicle owner, or coverage available under your own policy.

What If Their Insurance Won’t Pay for My Car Damage?

Florida’s no-fault or PIP system does not mean your own PIP insurance pays to repair your vehicle. PIP applies to qualifying bodily injury benefits, not vehicle damage.

If another driver caused the collision, that driver’s property damage liability coverage may cover the repairs.

If the liability insurer disputes the claim or delays payment, you may be able to use your own collision coverage if you purchased it. Your insurer may pay covered repair or total-loss benefits, subject to your policy terms and applicable deductible.

Using your own coverage doesn’t necessarily resolve every issue between insurers or responsible parties, but it may let you address vehicle damage while the liability dispute continues.

What if the Insurance Company Says My Injuries Weren’t Caused by the Accident?

An insurer may accept that its driver caused the crash but still dispute an injury claim.

Common arguments can involve:

• A delay in seeking medical treatment
• Gaps in treatment
• Preexisting medical conditions
• Previous accidents or injuries
• The severity of the collision
• Whether future treatment is medically necessary
• Whether the claimed limitations are supported by medical evidence

Medical records, diagnostic imaging, physician opinions, relevant prior medical records, and evidence showing how your condition changed after the collision can all become important.

A preexisting condition does not automatically mean a crash caused no compensable injury. The specific medical evidence and facts matter.

Does Florida PIP Still Apply if the Other Driver’s Insurance Won’t Pay?

For qualifying bodily injuries, Florida’s Personal Injury Protection system is separate from a liability claim against the other driver.

PIP generally provides certain benefits regardless of who caused the crash, subject to statutory requirements and policy terms.

Florida PIP generally provides:

• 80% of qualifying reasonable and medically necessary covered medical expenses
• 60% of qualifying lost gross income and loss of earning capacity
• Up to the applicable statutory limit for combined medical and disability benefits

Florida law generally requires qualifying initial medical services and care within 14 days after the motor vehicle accident for PIP medical benefits to apply.

PIP does not pay vehicle repair costs, and it may not cover every financial and non-economic loss caused by a serious collision.

Can My Own Insurance Help if the Other Driver’s Insurance Won’t Pay?

Possibly. The answer depends on the coverage you purchased and the reason the other insurer is refusing payment.

Potential sources of coverage may include:

• PIP: for qualifying medical and disability benefits
• Collision coverage: for covered damage to your own vehicle
• Uninsured or underinsured motorist coverage: for qualifying bodily injury losses when an at-fault driver has no applicable bodily injury insurance or insufficient coverage
• Other applicable insurance depending on the vehicles, drivers, businesses, or parties involved

Uninsured and underinsured motorist coverage is particularly important in some serious injury cases. Winston Law Firm explains this coverage in more detail on its Broward County uninsured motorist accident lawyer page.

What If the Other Driver Has No Insurance at All?

An uninsured driver can create a different problem from an insurance company merely disputing a claim.

Your PIP may still provide benefits for qualifying injury-related losses. If you purchased applicable uninsured motorist coverage, it may also apply to bodily injury losses.

There may sometimes be other potentially responsible parties or insurance policies as well. For example, additional coverage questions can arise when a driver was working, operating a company vehicle, driving a vehicle owned by someone else, or involved in another commercial activity.

What Should I Do if the Insurance Company Denies My Claim?

If an insurer refuses to pay, find out exactly why before deciding what to do next.

Useful steps can include:

1. Ask for the reason for the denial or dispute. Determine whether the issue involves fault, coverage, injuries, property damage, documentation, or the amount being claimed.
2. Preserve the insurance correspondence. Keep letters, emails, estimates, claim numbers, adjuster information, and other communications.
3. Preserve accident evidence. Save photographs, video, witness information, medical records, repair estimates, receipts, and other documentation.
4. Report the crash to your own insurer as required by your policy. Your coverage may still apply even if someone else caused the collision.
5. Continue appropriate medical care. If you were injured, follow your providers’ recommendations and keep records related to treatment and expenses.
6. Be cautious about signing releases. A release may affect your ability to pursue additional compensation.
7. Consider legal advice if the dispute involves meaningful injuries, significant damage, disputed fault, or complicated coverage issues.

Should I Accept a Settlement if the Insurance Company Changes Its Mind?

Not automatically.

An offer should be evaluated in light of the losses it is intended to resolve. In an injury claim, that may require understanding your medical condition, treatment needs, lost income, available insurance coverage, and whether additional losses are reasonably expected.

Settlements commonly require a release of claims. Once you settle and release a valid claim, reopening it later can be difficult or impossible.

If you are still receiving medical treatment or don’t understand which rights the release affects, consider getting legal advice before signing.

When Should I Talk to a Car Accident Lawyer?

Not every insurance disagreement requires an attorney. However, legal guidance may be particularly useful when:

• You suffered significant or permanent injuries
• Fault is disputed
• The other driver’s insurer denies coverage
• Your medical expenses exceed available PIP benefits
• You have substantial lost income
• The at-fault driver is uninsured or underinsured
• Multiple vehicles or responsible parties are involved
• The insurer disputes whether the crash caused your injuries
• You are being asked to sign a broad release
• The insurer’s offer does not appear to account for the documented losses

A lawyer can investigate liability, preserve evidence, review insurance policies, document losses, communicate with insurers, and determine which claims or sources of coverage may be available.

Insurance Claim Denial FAQs

Can the other driver’s insurance company simply refuse to pay?

An insurer may dispute liability, coverage, damages, or other parts of a claim. Its denial does not necessarily determine your legal rights or end the claim. The reason for the denial and the available evidence will help determine what options remain.

What if the other driver admitted fault but their insurer still denies the claim?

A driver’s statement can be relevant, but an insurer may conduct its own investigation and reach a different conclusion about fault or coverage. Photographs, video, witness statements, police information, vehicle damage, and other evidence may also affect the liability determination.

Will Florida PIP pay to repair my car?

No. PIP applies to qualifying bodily injury benefits and does not pay for vehicle repair or replacement costs. Other insurance coverage or liability claims address property damage.

Can I use my collision coverage if the other driver’s insurance refuses to pay?

If you purchased applicable collision coverage, you may be able to file a claim with your insurer for covered vehicle damage, subject to your policy terms and deductible.

What if the driver who hit me has no bodily injury insurance?

Depending on your policy and the circumstances, uninsured or underinsured motorist coverage may provide another potential source of compensation for qualifying bodily injury losses. You may also need to investigate other sources of insurance.

Does Florida’s no-fault law mean the other driver never has to pay?

No. Florida’s no-fault system primarily concerns PIP benefits for certain injury-related losses. Fault still matters for property damage and for claims seeking compensation beyond PIP when Florida law allows them.

Can the insurance company blame me for part of the accident?

Yes. An insurer may argue that both drivers contributed to the crash. Under Florida’s modified comparative-fault rules, a claimant’s recoverable damages may be reduced by their percentage of responsibility, and the statute can bar recovery when a claimant is more than 50% responsible for their own harm in a covered negligence action.

Should I sign a release from the other driver’s insurance company?

Read any release carefully before signing it. A release may resolve some or all claims arising from the accident. If you were injured or do not understand the scope of the document, consider obtaining legal advice first.

Talk With a Fort Lauderdale Car Accident Lawyer

An insurance company’s refusal to pay does not necessarily mean you are out of options.

Winston Law Firm has represented injured Floridians since 1989. Our attorneys can review how the crash occurred, the insurer’s reason for refusing payment, applicable PIP benefits, liability coverage, uninsured or underinsured motorist coverage, and other potential sources of compensation.

You can also learn more about Winston Law Firm’s Broward County car accident practice and the insurance issues that can arise after a serious collision.

If you were injured in a Florida car accident and an insurance company is refusing to pay, contact Winston Law Firm or call (954) 475-9666 for a free consultation.