After a car accident, many people assume that if the other driver caused the crash, the insurance company will simply accept responsibility.
That does not always happen.
An insurer may deny fault, argue that its driver did nothing wrong, claim that both drivers contributed to the collision, or say there is not enough evidence to establish what happened. A denial can be frustrating, but it does not automatically end an injury claim.
The next step is usually to examine the evidence more closely.
Insurance companies make liability decisions based on the information available to them.
That may include statements from their insured, photographs, police documentation, witness accounts, vehicle damage, and other evidence.
If their driver gives a different version of the crash, the insurer may deny responsibility even when the injured person strongly disagrees.
That denial is the insurer’s position. It is not necessarily a legal determination of fault.
A claim can still be supported with additional evidence, negotiation, and, when necessary, litigation.
When fault is disputed, evidence that does not depend solely on either driver’s memory becomes particularly valuable.
That may include:
Evidence should be preserved as early as possible.
Video can be overwritten, vehicles may be repaired, and witnesses can become harder to locate as time passes.
A police report can provide useful information about the crash, including driver statements, witness names, roadway conditions, and diagrams.
However, the report does not necessarily determine civil liability by itself.
There may be additional evidence that was not available to the responding officer.
For example, a nearby business may later provide surveillance footage, or a witness may come forward with information that changes the picture.
That is why an insurance denial should be reviewed in the context of all available evidence rather than one document alone.
Florida uses a modified comparative-fault system.
Under Florida Statute § 768.81, damages in a negligence case may be reduced according to the injured person’s percentage of fault. A party found to be more than 50 percent responsible for his or her own harm generally cannot recover damages in a negligence action covered by the statute.
That means an insurer may not need to argue that its driver was completely free from fault.
It may instead argue that the injured person contributed substantially to the collision.
Evidence about speed, lane position, right of way, following distance, and driver behavior can therefore become central to the claim.
Depending on the circumstances and the policy, an injured driver may also need to review available uninsured or underinsured motorist coverage.
Florida law generally requires insurers issuing policies with bodily injury liability coverage to offer uninsured motorist coverage unless it is rejected in writing.
That coverage can become relevant when the at-fault driver has insufficient insurance or other coverage problems arise.
The specific policy language and facts of the crash matter, so coverage should be reviewed carefully rather than assumed.
A denial letter may sound definitive, but the underlying questions may still be open.
Why did the insurer deny liability?
What evidence did it rely on?
Was important evidence overlooked?
Are there witnesses, recordings, photographs, or vehicle data that support a different conclusion?
An attorney can evaluate the denial, investigate the collision, communicate with the insurer, and determine what additional evidence may strengthen the claim.
Did the other driver’s insurer deny fault even though you believe the evidence supports your account? Is the insurer trying to shift part of the blame onto you? Are you unsure what evidence can be used to challenge the denial?
Aronberg & Aronberg, Injury Law Firm has represented injured clients in South Florida since 1999. If you were hurt in a car accident in Boynton Beach, Delray Beach, West Palm Beach, or elsewhere in Palm Beach County and the other driver’s insurer is disputing liability, contact Aronberg & Aronberg for a free consultation. A denial does not necessarily end the case, and a careful review of the evidence may reveal important options for moving forward.
