If you’ve been injured in a Miami car accident, the insurance company may use delay tactics and other strategies to reduce or deny your claim. These tactics are designed to save them money — not to help you recover from your injuries. At Payer Law, you work directly with our experienced Miami car accident lawyer, James D. Payer, who has more than 30 years of experience standing up to insurance companies in Miami-Dade County. You’ll also have the full support of our team, who work alongside James to keep your case moving forward and ensure nothing is overlooked.
What Tactics Do Auto Insurance Companies Use to Avoid Paying Miami Car Accident Claims?
Insurance adjusters often use a mix of delay, denial, and lowball offers to minimize payouts. Common strategies include:
- Requesting unnecessary or excessive documentation
- Offering quick but low settlements before you know the full extent of your injuries
- Delaying communication and payment to pressure you into settling
- Misinterpreting policy terms in their favor
- Disputing the severity of your injuries
- Shifting blame under Florida’s modified comparative negligence law
- Using recorded statements against you
- Discouraging you from hiring a lawyer who can protect your rights
How Do Insurers Use Excessive Documentation Requests?
Insurance adjusters may demand irrelevant records to slow down your claim or find reasons to deny it. For example, an insurer might request your entire medical history instead of only records related to your Miami accident, then use unrelated pre-existing conditions to dispute your injuries.
Why Do Insurance Companies Offer Lowball Settlements?
Insurers want to settle quickly for less than your claim is worth. After a crash on I-95, the Dolphin Expressway, or a busy Miami street, you might get a settlement offer within days. It may seem tempting, especially if you’re facing medical bills, but accepting too soon could leave you responsible for future treatment costs.
“It is a red flag: when the insurance company calls you within a few days of your accident, you know that insurance company is nervous. They’re trying to minimize their liability, pay you as little as possible, and close your case.”
James D. Payer
Managing Partner
Early settlement pressure is why it’s critical to speak with an attorney before signing anything, because once you agree to a settlement, you may be waiving your right to the full value of your claim.
How Do Insurance Companies Delay Car Accident Claim Payments?
Our client, Patrick, was struck at a high rate of speed by a delivery driver who failed to stop at a stop sign. He suffered multiple herniated disks in his lumbar and cervical spine, along with ulnar nerve entrapment with a lesion in his right arm. Another firm had initially dropped the case because the at-fault driver had no personal automobile insurance, but we uncovered that the driver was making a delivery for DoorDash at the time of the collision. Patrick received surgical repair of the ulnar nerve and scar tissue removal, along with appropriate medical care for his back and neck injuries, and regained significant function. After filing suit in Polk County Circuit Court, we obtained a settlement of $736,655.78, far exceeding the pre-suit offer of $200,000.00.
How Do Insurance Companies Delay Car Accident Claim Payments?
Delays create financial pressure on accident victims. An adjuster may take weeks or months to “review” your file or claim they’re waiting for approval. Meanwhile, your bills pile up, making you more likely to accept a low offer just to end the process.
When you hire Payer Law, James D. Payer personally oversees your claim, and our team handles ongoing follow-ups, documentation requests, and communication to keep your case on track.
How Long Does an Insurer Have to Pay a PIP Claim in Florida?
Florida law sets a firm payment deadline for personal injury protection (PIP) benefits. Under Fla. Stat. § 627.736, PIP benefits are overdue if they are not paid within 30 days after the insurer is furnished written notice of a covered loss and of its amount. The statute also limits how an insurer can handle partial payments and rejections.
PIP Rule | What Florida Law Requires |
Payment deadline | Benefits are overdue if not paid within 30 days after written notice of the covered loss and its amount |
Partial payment or rejection | The insurer must provide an itemized specification of each item it reduced, omitted, or declined to pay |
Claim rejected for an alleged error | You have 15 days to submit a revised claim, which counts as timely written notice |
Late payments | Overdue payments bear simple interest, calculated from the date the insurer received written notice of the covered loss |
Disability benefits | Must be paid at least every 2 weeks |
One exception applies: payment is not overdue if the insurer has reasonable proof that it is not responsible for the payment.
When Does an Insurance Delay Become Bad Faith in Florida?
Florida’s civil remedy statute, Fla. Stat. § 624.155, lets you bring a civil action against an insurer that does not attempt in good faith to settle a claim when, under all the circumstances, it could and should have done so. Before filing, you must give the Florida Department of Financial Services and the insurer 60 days’ written notice of the violation. If the insurer pays the damages or corrects the violation within those 60 days, the action cannot go forward.
For liability claims, the statute gives insurers a 90-day window. A bad faith action cannot be brought if the insurer tenders the lesser of the policy limits or the amount demanded within 90 days after receiving actual notice of a claim that is accompanied by sufficient evidence to support the amount. Mere negligence alone is not enough to prove bad faith.
How Can Policy Terms Be Misinterpreted?
Insurers may use vague language in your policy to reduce your benefits. For example, they might claim a clause limits your coverage for certain treatments, even if that’s not accurate under Florida law.
Why Do Insurance Companies Dispute Injuries?
Adjusters may argue your injuries aren’t as serious as claimed or that certain treatments weren’t necessary. Even with medical records from Miami-area hospitals or clinics, they might question the severity of your injuries or claim your symptoms existed before the crash.juries or claim your symptoms existed before the crash.
What Is “Shifting the Blame” and How Does It Affect Your Claim?
Blame shifting is when the insurer tries to place partial or full fault on you. Under Florida’s modified comparative negligence rule (Fla. Stat. § 768.81), your compensation can be reduced by your percentage of fault. If you’re found more than 50% at fault, you can’t recover damages at all.
Why Should You Avoid Giving Recorded Statements to the Other Driver’s Insurer?
Anything you say can be taken out of context and used to reduce your payout. Adjusters may twist your words into an admission of fault. In Miami, you’re not required to give a recorded statement to the other driver’s insurance company, and you can direct them to your attorney instead.
Why Do Insurers Discourage You From Hiring a Lawyer?
Insurance companies know an attorney will hold them accountable. They might say a lawyer will “slow things down” or “take your settlement.” In reality, when you hire Payer Law, you get the personal representation of James D. Payer along with the full resources of our team to protect your rights and move your case forward.
How Can Payer Law Protect You From Delay Tactics?
At Payer Law, you’re represented by one attorney, James D. Payer, and supported by a skilled team that works with him on every case. Together, we:
- Handle all communication with insurance companies
- Identify and challenge unfair delay or denial tactics
- Keep your claim on track within Florida’s legal deadlines
- Gather evidence to strengthen your case
- Negotiate for a fair settlement or take your case to trial if necessary
Get Help From Payer Law Today
If you believe an insurance company is delaying or undervaluing your Miami car accident claim, contact James D. Payer and our team today. We are available 24/7 to protect your rights and help you get the compensation you deserve.
Call 305-363-7099 or request your free consultation.
