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Florida Keys Injury Lawyers > Blog > Personal Injury > Do I Have to Sue My Insurance Company After an Accident?

Do I Have to Sue My Insurance Company After an Accident?

Insurance companies often undervalue claims and make lowball offers to settle. Many people don’t realize that you can negotiate the insurance company’s offer. If they don’t give you what you want, you can always file a lawsuit against them.   If you suffered injuries in an accident and your insurance company won’t pay, you may need an experienced Florida personal injury lawyer on your side.

When You Might Need to Sue Your Insurance Company

Why would you need to sue YOUR insurance if you were injured by someone else? 

  1. The at-fault driver doesn’t have bodily injury insurance
  2. The at-fault driver has minimal bodily injury insurance. 

When your insurance company denies  your claim or makes a low-ball offer you can choose to sue them to pursue fair compensation.  You insurance company “stands in the shoes” of the at-fault party.

Evidence You Need in Your Case Against the Insurance Company

Personal injury cases are complex. Your insurance company might state that they believe you had a pre-existing injury or that you’re exaggerating the effects of your injuries. Your Florida personal injury lawyer may need to gather several forms of evidence and documentation for your claim, including:

  • Your insurance policy to confirm your accident is covered
  • Prior medical records to demonstrate no pre-existing injuries
  • If you had an existing injury, and the new accident exacerbated the injury with visible worsening on radiology scans (X-rays, MRIs, CAT scans, etc.)
  • Accident reconstruction by a professional simulation
  • Photos and video of property damage and injuries
  • Expert witness testimony from a doctor describing the medical evidence

Unfortunately, even if you appeal a denial with this evidence on hand, your insurance company may still refuse to negotiate a fair settlement offer, leaving a lawsuit as your last chance.

The Importance of a Personal Injury Attorney for Your Lawsuit

Insurance companies rely on their policyholders not to fight for fair compensation in their business models. They achieve billions of dollars in profit each year by not paying or underpaying claims that are worth much more.

Representatives from the insurance company might ask you for a recorded statement or want you to speak with the claim adjuster. NEVER speak with your insurance company alone. They are looking for you to make a mistake and incriminate yourself in your claim. Instead, consider contacting your injury attorney before you even file your claim.  Even what you consider an “innocous” statement can be used against you. 

A skilled Florida personal injury lawyer can help you gather the evidence you need for your claim and discuss your claim with the insurance company on your behalf. This can prevent you from possibly saying the wrong thing and negatively affecting a prospective settlement.

Contact an Experienced Florida Personal Injury Lawyer in Key West

For help with an injury claim against your insurance company, contact a Florida personal injury lawyer with our firm at Florida Keys Injury. Call us at 954-833-1178 or contact us online to schedule a free consultation with an attorney in the Florida Keys.

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