How Insurance Companies Minimize Payouts in Miami Car Accident Claims

As a car accident victim in Miami, you believe you deserve compensation for your injuries, lost wages, and the pain and trauma. However, you would be surprised to know at what lengths car insurance companies would go to ensure they can deny claims or minimize payouts to the victims. It is unfortunate how these insurers use delaying tactics and strategies to avoid paying the victims or minimizing their payouts. Understanding how they operate is the best way to develop a counter strategy that maximizes your insurance claim payout. 

How Insurance Companies Minimize Payouts in Miami Car Accident Claims

The process of filing a car accident insurance claim is straightforward. However, it gets complicated once insurance companies step in to calculate how much to pay the victims. They have one goal in mind: to pay the victims as little as possible. 

How do you ensure that you can get fair compensation? First, you need to be aware of the strategies that car insurance companies use to minimize payouts.

1. Shifting the Blame to the Victim

Florida follows the comparative negligence rule in car accidents. It means that the court will assign a percentage of fault to the drivers involved in a car accident based on how much they contributed to the accident. If a driver is not more than 50% responsible for the accident, they can recover damages.

Therefore, insurance companies can use this comparative fault system to assign blame to other drivers and minimize payouts to victims. Even if one driver is determined to be the primary one at fault, they can reduce how much they pay victims if they somehow contributed to the car accident. Insurance companies can conduct their investigation into the case and will comb through the evidence to determine where they can pin the blame on you.

For example, if they determined that you did not use a turn signal or were not wearing your seatbelt, these are sufficient reasons to shift the blame toward you and increase your percentage of fault. The higher your fault percentage is, the less you will be paid for the accident.

Make sure you work with an experienced car accident lawyer in Miami to analyze the evidence and case reports. They can identify potential loopholes and ways to counter the potential arguments of the insurers. That way, they cannot use those facts against you and make it work in your favor. 

2. Pre-Existing Condition Clauses

Insurance policies exclude pre-existing conditions when determining compensation for a victim. Therefore, it is the most well-known tactic that insurance providers use to deny or minimize payouts in a car accident claim. 

They will cite pre-existing conditions and assert that the car accident did not cause such conditions or injuries. It is part of their effort to reduce their financial liabilities. It’s one reason why insurance companies require policyholders to disclose their pre-existing conditions. However, if a policyholder does not fully disclose this information, they can use that as a reason to forfeit coverage.

The best way to counter this tactic is to obtain a medical examination from a qualified physician, or preferably, your attending physician, if you require medical care after the incident. They can testify that the injuries were sustained from the accident and have no relation to any pre-existing conditions. A qualified Miami car accident lawyer can help you utilize this medical report or document to ensure you can obtain the maximum payout for your injuries.

3. Delaying Tactics

Most insurers employ delaying tactics when they are forced to pay out for a car accident claim. They will do their best to prolong the investigation. In some cases, they may claim to have performed their own independent investigation into the accident details. Even if they use the same evidence and information, the independent investigation is usually just a tactic to prolong the investigation process. In the legal system, justice delayed is often seen as justice denied. Insurance companies bank on this to wear the claimants down.

They will request that the claimants provide more documents, some of which are unnecessary for the investigation. As mentioned, they will attempt to wear the victim down so they are more likely to settle for lower compensation. As victims deal with the stress of recovery, trauma, and having to cover the medical costs of hiring a lawyer to pursue their car accident claim, they hope to inflict fear among victims about the possibility of not being compensated at all. 

It is yet another reason to work with a car accident lawyer in Miami. Negotiating with insurance companies by yourself while you deal with the trauma of the accident is difficult. Therefore, a qualified lawyer can negotiate on your behalf so they cannot employ these tactics, and they won’t walk away until you get the payout you deserve.

4. Searching for Procedural Errors

Insurance companies have handled hundreds to thousands of similar cases like yours. Therefore, they’ve seen every possible scenario and understand the loopholes in the law. They hire experts who will identify procedural errors that could potentially undermine your case and risk you not getting compensated.

The statute of limitations in Florida’s personal injury claims is that you must file a car accident claim no later than two years following a car accident. Without knowing this, you won’t be able to file the necessary documents to pursue compensation from the insurance company to cover your medical bills or lost wages. However, a qualified lawyer knows this statute of limitations and will work to ensure you can submit the necessary reports and documents within the two-year limit.  Otherwise, your case will be dismissed regardless of the weight of the evidence. 

5. Question Victim’s Credibility

If nothing else works, insurance companies will attempt to undermine a victim’s credibility. They will identify inconsistencies in your statements or conduct a personal investigation into your social media or online activities. They will attempt to use any information they can get their hands on about the victim to undermine their case, especially information that will contradict what is included in your personal injury claims. 

If you suspect that you are being watched, you can discuss with your attorney what steps to take. 

No matter which of these situations applies to your case, fear not. An expert Miami car accident lawyer knows how to navigate these common tactics. If insurance companies have seen it all, so has an expert car accident lawyer. They can help formulate a counter-strategy to ensure you receive your maximum payout, which you deserve for the injuries and damages resulting from a car accident.