“My Car Was Hit & Their Insurance Won’t Pay the Full Amount for My Injuries!”

September 18, 2024

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“My car was hit and their insurance won’t pay the full amount for my injuries!” is something we hear far too often. While car accident victims are trying to recover and get back to their lives, the last thing they need to be worrying about is who is going to pay for their medical bills and lost wages.

In Florida, the question of who pays for accident damages can, unfortunately, be a complicated matter. Generally, if there are severe injuries, multiple insurance companies may be involved. While this can create more opportunities to recover much-needed compensation, you will also deal with multiple adjusters whose primary job is to pay out as little compensation as possible.

As such, if you are facing an insurance company that is refusing to pay what you believe you deserve, it can be difficult to know what to do next. Can you recover the compensation you need to cover your bills and other damages?

At Colling Gilbert Wright, we are here to help you when you say “my car is hit and their insurance company won’t pay the full amount for my injuries.” Our accomplished car accident attorneys have experience defending accident victims’ rights with integrity, empathy, and a commitment to justice.

If you’re struggling to secure the compensation you need beyond your PIP limits, and the other driver’s insurance won’t pay the full amount, call us at (407) 712-7300 for a FREE case evaluation. We will establish whether you have a viable claim and, if so, pursue the compensation you deserve. Our attorneys are honored to represent our neighbors in Orlando and throughout Florida.

How Do Florida’s Car Insurance Laws Work?

There are two primary ways that liability for car accident injury damages is determined:

In “at-fault” states, the party responsible for the accident is held liable for car accident injury damages
In “no-fault” states, each driver’s own insurance is responsible for car accident injury damages

No-fault laws aim to simplify claims and reduce the number of lawsuits filed. However, it can be a confusing process, especially when insurance companies pay only part of a claim, or refuse to pay altogether.

Florida is a no-fault state, which is why all drivers are required to purchase at least $10,000 in Personal Injury Protection (PIP) insurance. This insurance initially covers a portion of your medical bills and lost wages, no matter who is at fault for the accident. However, PIP only covers up to $10,000. For severe injuries, you may find that amount is quickly exhausted, leaving you with medical bills and lost income.

If that is the case, you may be able to seek additional compensation from the at-fault driver’s insurance through a liability claim. However, you may find that the other driver’s insurance won’t cover the full amount of your remaining medical bills, rehabilitation costs, or lost wages.

What If My Car Was Hit & Their Insurance Won’t Pay the Full Amount?

If the other party’s insurance company refuses to pay the full amount of your medical bills and lost wages, it could be for a couple of reasons, including:

Policy limits: If the at-fault driver’s policy only covers the minimum required limits, it may not be enough to cover your full damages, especially for serious injuries.
Disputed liability: If the other driver’s insurance company disputes who caused the accident, they may refuse to pay for the full amount of your claim.

While this can be a difficult roadblock, you may still have options for recovering additional compensation, including your uninsured/underinsured motorist coverage or filing a personal injury lawsuit. We recommend working with an experienced car accident lawyer who can review the details of your claim and the options available to you.

Why Won’t the At-Fault Driver’s Insurance Pay for Everything?

“My car was hit and their insurance won’t pay the full amount for my injuries! Why?”

If the at-fault driver’s insurance company won’t pay for everything, they may argue that your injuries don’t meet the threshold for serious injury. To meet the serious injury threshold, at least one of the following must apply:

A significant and lasting loss of a key bodily function
A permanent injury “within a reasonable degree of medical probability”
Permanent and substantial scarring or disfigurement
Death

In addition, the insurance company may only offer a partial settlement based on the policy limits should their liability policy or umbrella coverage be insufficient.

The failure of the insurance company to pay the full amount could also be due to Florida’s “pure comparative fault” rule, which states that liability can be shared for an accident. This may affect how much compensation you are eligible to recover.

For example, if another driver pulled out in front of you, but you were speeding at the time, it may be determined that you were 25% at fault for the accident. This would mean that you would only be eligible for 75% of your total damages, which could explain why the insurance company is refusing to pay for everything.

What Are My Options When Their Insurance Won’t Pay?

If either your PIP coverage or the other driver’s liability coverage refuses to pay or will not pay the full amount, you have a few options:

Negotiate with the insurance company: Your lawyer may be able to work with the insurance company to secure a fair settlement to cover your damages, especially if liability is clear and your medical bills are substantial. This often starts with a thorough investigation to establish liability.
Exhaust additional coverage: If you have optional uninsured/underinsured motorist (UM/UIM) coverage, you may be able to use this coverage to pay for your damages. Or, if the at-fault driver has an umbrella policy, it might be able to be used to cover the remainder of your damages.
File a lawsuit: If all insurance options are exhausted, you may be able to sue the at-fault driver directly for additional compensation to cover the entirety of your damages.

Knowing the right path forward is not easy in these situations. The insurance companies will do whatever they can to avoid paying any more compensation than is necessary. They may offer you a lowball settlement offer in hopes you will close the matter.

However, we believe the best thing accident victims can do is explore every avenue for recovering the compensation they need and deserve for their damages. A car accident attorney can help.

How Can an Orlando Car Accident Lawyer Help?

Florida’s car accident insurance system is complex, and it can be overwhelming when you are dealing with a serious injury and can’t get the full compensation you need. A steadfast car accident attorney can help in several ways, including:

Investigating the accident
Gathering evidence
Interviewing witnesses
Determining liability
Calculating appropriate damages
Negotiating with insurance companies
Handling paperwork
Filing a lawsuit, if necessary
Representing you in a court of law

It’s important, however, that you work with an attorney with extensive experience representing car accident victims and winning compensation. At Colling Gilbert Wright, we are proud to fight for what’s right and in the best interests of our clients. We have represented our Florida neighbors for more than 30 years with integrity and compassion. We would be honored to review your case.

Contact the Distinguished Attorneys at Colling Gilbert Wright Now

If you are exclaiming, “My car was hit and their insurance won’t pay the full amount for my injuries!” we want to help. When dealing with severe injuries and an insurance company that won’t pay, you don’t want to fight alone. You deserve the support of a capable attorney who can navigate Florida insurance claims to help you recover the compensation you deserve.

If you have been in an accident and are struggling to recover compensation, the lawyers at Colling Gilbert Wright are here to walk with you, ensuring your rights are protected as you pursue just compensation.

To get started, contact our Orlando car accident lawyers today for a FREE consultation. We will determine if you have a viable claim and then develop a strategy that works for you and your case.