When Your Car Insurance Company Isn't Paying What It Owes

Florida's no-fault system was designed to make accident claims straightforward — but insurers routinely deny, delay, and underpay the benefits you're entitled to. Our auto insurance lawyers in Fort Lauderdale represent drivers across Broward, Palm Beach, and Miami-Dade counties when insurance companies refuse to honor their policies.

Florida law requires every driver to carry Personal Injury Protection coverage, but carrying coverage and actually receiving payment are two different things. PIP denials, uninsured motorist disputes, and bad faith delays are among the most common reasons injured drivers contact our firm — and they are among the most recoverable when you have the right legal representation.

How Florida's No-Fault System Works — and Where It Breaks Down

If you were injured in a car accident and your insurance claim has been denied, reduced, or ignored, you are not required to accept that outcome. Our car insurance attorneys review every policy, every denial letter, and every coverage argument before concluding that any benefit is truly unavailable.

How Florida's No-Fault System Works — and Where It Breaks Down

Florida's Personal Injury Protection law requires your own insurance company to pay 80% of reasonable medical expenses and 60% of lost wages up to $10,000, regardless of who caused the accident. In theory, this means faster access to benefits without the need to prove fault. In practice, insurers frequently contest whether your treatment was medically necessary, whether your injuries were causally related to the accident, or whether you sought treatment within the 14-day window required by statute. A PIP denial is not a final answer — it is the beginning of a dispute. Our PIP claim attorneys in Florida have handled these challenges extensively and know exactly what documentation and legal arguments force payment when a denial is improper.

Uninsured and Underinsured Motorist Coverage Disputes

Florida has one of the highest rates of uninsured drivers in the country. When the at-fault driver carries no insurance — or limits so low they don't cover your actual damages — your own uninsured/underinsured motorist policy may be the primary source of recovery. UM/UIM coverage exists precisely for this situation, but collecting it is rarely automatic. Insurers regularly dispute the extent of your injuries, argue that the at-fault driver's liability hasn't been established clearly enough, or contest the value of your claim. We review every UM/UIM policy before concluding that coverage is unavailable, and we negotiate or litigate against your own carrier when they refuse to pay what the policy allows.

Frequently Asked Questions About Auto Insurance Disputes in Florida

Most auto insurance disputes follow a recognizable path from denial to resolution. Understanding where you are in that process helps you make informed decisions about when to act and how.

 

When a claim is denied or underpaid, the first step is a formal review of your policy language, the denial letter, and the supporting documentation your insurer used to justify its decision. From there, we identify whether the denial was based on a legitimate policy exclusion, a factual dispute about your injuries, or an improper claims-handling practice. In many cases, a demand letter from legal counsel prompts reconsideration before litigation is necessary. When it doesn't, we are prepared to take the dispute through the court system — including pursuing bad faith remedies that can expose the insurer to damages beyond the original policy limits.

  • My PIP claim was denied. What should I do first?

    Request the denial letter in writing if you haven't already received one, and do not accept the denial as final. PIP denials are frequently based on disputes about medical necessity or causation — both of which are legally contestable. Contact an attorney who handles PIP disputes before responding to your insurer or agreeing to any additional evaluation they request.

  • Do I have to give my insurance company a recorded statement?

    In most disputed claim situations, you are not legally required to provide a recorded statement to your own insurer. While your policy may include a cooperation clause, the scope of that obligation is narrower than insurers often imply. Speak with an attorney before agreeing to any recorded communication — what you say can be used to limit your coverage.

  • What is the difference between UM and UIM coverage in Florida?

    Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are lower than your total damages. Both are optional coverages in Florida, but if you purchased them, you have the right to collect under them when the circumstances apply.

  • Can I sue my own insurance company for denying my claim?

    Yes. Florida law allows policyholders to bring a breach of contract claim against their own insurer when coverage is wrongfully denied. If the insurer's handling of your claim was also unreasonable — including unjustified delays, inadequate investigation, or lowball offers — you may also have a bad faith claim under Florida Statute 624.155, which can result in damages beyond the policy limits.

  • How long do I have to dispute an auto insurance denial in Florida?

    The statute of limitations for a breach of insurance contract claim in Florida is generally five years from the date of the denial, following recent legislative changes. However, specific notice requirements — particularly for bad faith claims — have much shorter deadlines. Do not wait to consult an attorney, as procedural deadlines can affect your ability to recover.

  • What if the at-fault driver fled the scene and I don't know who they are?

    A hit-and-run accident may still be covered under your uninsured motorist policy, provided you meet certain reporting and documentation requirements. Florida law imposes specific conditions on hit-and-run UM claims, including prompt reporting to law enforcement and your insurer. An attorney can confirm whether your policy and the circumstances of your accident qualify you for UM benefits.

What Triggers an Auto Insurance Dispute

Not every insurance problem rises to the level of a legal dispute, but several situations consistently do:

 

  • Your PIP claim was denied on the grounds that treatment wasn't medically necessary or wasn't related to the accident
  • Your insurer accepted the claim but reimbursed at a rate far below your actual medical bills
  • Your UM/UIM claim was denied or the settlement offer doesn't reflect the full extent of your injuries and losses
  • Your insurer is delaying payment without a clear reason, causing you to fall behind on medical bills or lost income
  • You received a reservation of rights letter or a partial denial and don't understand what it means for your coverage
  • Your insurer is pressuring you to accept a fast settlement before your medical treatment is complete

 

Each of these situations carries specific legal remedies under Florida law, including the right to pursue a bad faith insurance claim when an insurer acts unreasonably in handling your case.