The other driver turned across your lane. A witness agrees with you. You may even have a crash report that supports your account. Yet the insurance company has not paid.
That situation is frustrating, but the first task is to identify what remains disputed. An insurer may be investigating responsibility, coverage, the amount of damage, or several issues at once.
Fault, coverage, and damages are separate questions
A liability claim asks whether the insured caused harm that the policy covers. Even when the collision facts appear clear, the insurer may still examine whether the driver and vehicle were insured, whether an exclusion applies, and which losses resulted from the crash.
For example, agreeing that a vehicle entered your lane does not automatically settle the cost of every repair or establish the extent of a medical condition. Those questions need their own evidence.
Ask the adjuster which issue is preventing a decision. A request for a repair estimate calls for a different response from a statement that the policy did not cover the driver.
An insurance card does not establish every kind of coverage
Florida's basic registration insurance requirements include PIP and property damage liability for many vehicles. They do not mean every driver has bodily injury liability insurance sufficient to pay a serious injury claim.
The actual policy may also have limits too low to cover all documented losses. A driver can be responsible for a crash while the available insurance remains inadequate.
This is one reason to have your own policy and any other potentially applicable coverage reviewed as well.
Evidence can be incomplete even when your account is accurate
The insurer may not have obtained a witness statement or may be relying on an incomplete version of events. It may also interpret photographs differently or question whether a traffic signal was visible.
Provide the evidence that addresses the disputed point: original video, witness contact information, scene photographs, or other relevant records. Describe what you know and identify what you do not remember.
A crash report can help guide the investigation, but it does not automatically resolve civil liability or every issue about admissible evidence. A ticket also should not be treated as a substitute for examining how the collision happened.
Keep vehicle and injury claims organized separately
The insurer may resolve vehicle damage before it has enough information to evaluate injuries. Repair costs can sometimes be identified earlier than future medical needs or the effect on your work.
Ask what a proposed payment covers. Read any release before accepting it, particularly if the document may release injury claims along with property damage.
Your own collision coverage may offer another route for vehicle damage, subject to its terms and deductible. Ask how any recovery from the responsible party would be handled rather than assuming your deductible will automatically be returned.
Request a clear status update
A useful written request identifies the claim number, documents already submitted, the unresolved issue, and any additional information the insurer says it needs. Ask who is responsible for reviewing the file.
Keep a dated record of communication. It can help establish whether the issue is a missing document, a genuine coverage disagreement, or an unresolved factual dispute.
For your health, do not delay necessary care while insurers debate responsibility. Discuss billing and available coverage with your providers and the relevant insurer.
Negotiation does not replace deadline review
Under Florida Statutes section 95.11, ordinary negligence actions generally have a two-year limitations period. The accident date, type of claim, applicable transition rules, and exceptions can affect the analysis.
Do not assume that an open claim or continuing negotiations extends the time to file a lawsuit. Other claims and policy requirements can have different deadlines.
Does a denial mean the other driver was legally cleared?
No. An insurer's position is not the same as a court's determination. The claim may still need factual and legal review.
Should I accept partial fault just to get the claim moving?
Describe events accurately. Do not agree to a percentage you do not understand simply to obtain a faster response.
Have the unresolved injury claim reviewed
If you were injured and the other driver's insurer is delaying or disputing payment, contact Gonzalez Munoz Law at 305-770-6666 for a free consultation. Our car accident practice can review the evidence, coverage, and unresolved issues.
This article provides general information and is not legal advice. Coverage and legal rights depend on the facts, the policy, and applicable law. Reading this article does not create an attorney-client relationship.