What to Do After Your Car Accident Insurance Claim Is Denied in Florida

Getting a denial letter from your insurance company after a crash can feel like the final blow. You’ve already been through enough — the impact itself, the pain of recovery, the stress of missing work, medical bills piling up, and possibly a vehicle that’s been totaled. You finally open the letter expecting help... only to see the word “Denied.”

If this happened to you here in Port Charlotte, Englewood, Venice, or anywhere across Southwest Florida, you’re not alone. At All Injuries Law Firm, we’ve spoken with countless people in your exact situation. Some were hit on US-41 or I-75. Some were rear-ended near Tamiami Trail. Others were injured in parking lots or intersections on their way to work, the store, or home.

And every time we hear the frustration in their voices, the disbelief, and the worry: “How can they just say no!?”

Here’s the truth: a denial is not likely the end of your case. Insurance companies often count on people giving up. But that’s not how we work here. This is just the beginning of your response — and your chance to fight back for the compensation you deserve.

We know this process can feel overwhelming — but you’re not alone. Here’s a clear, step-by-step breakdown of what we recommend you do next, based on our experience helping people just like you across Southwest Florida.

Step 1: Start With the Denial Letter — It Holds the Keys to Your Next Move

Don’t ignore the letter or toss it aside. Read it slowly. It should explain:

• Why the claim was denied — such as policy exclusions, late reporting, or disputes over fault
• Specific policy language that the insurer says supports the denial
• How to appeal, and how much time you have to do so (often very short under Florida law)

“We’ve seen clients who had just 14 days to respond and didn’t even realize it. Reading carefully gives you the best chance to act in time.”
— Attorney Bryan Greenberg

Step 2: Request Your Full Claim File From the Insurance Company

You have a legal right to see everything the insurer used to evaluate your claim. This includes:

• Adjuster notes and internal emails
• Medical records they reviewed
• Any statements or recorded calls
• Photos, videos, expert reports

Send your request by certified mail and keep a copy. If they delay, that could count as bad faith.

Step 3: Strengthen Your Case With Clear, Organized Evidence

Now’s the time to gather what the insurer may have missed—or ignored.

Medical Records and Opinions
• Get full treatment records related to your crash
• Ask your doctor to explain how the crash caused your injuries
• If they blame “pre-existing conditions,” request a medical opinion clarifying the difference

Crash Documentation
• Get a copy of the police report
• Gather witness contact info
• Take (or save) clear photos of the damage and your injuries

Financial Proof
• Medical bills, rehab receipts, pharmacy costs
• Missed paychecks or a letter from your employer
• Mileage and other out-of-pocket expenses

“We once had a client whose Uber receipts helped prove how limited their mobility was after a crash. Everything adds up.”
— Attorney Corbin Sutter

Step 4: Speak to a Car Accident Lawyer Familiar With Florida’s New Laws

The 2023 changes to Florida’s tort laws now give insurers more power—and give you less time. You now have just two years to take legal action.

An experienced lawyer can:
• Break down the denial and your policy
• Spot legal violations or bad faith conduct
• Build an effective appeal or lawsuit strategy
• Handle every call and email so you don’t have to deal with the insurer alone

“Once we step in, the pressure comes off the client. We handle the paperwork, the phone calls, and the fight—so they can focus on healing.”
— Attorney Brian O. Sutter

Step 5: Write a Detailed, Evidence-Backed Appeal

With your attorney’s help, your appeal letter should:

• Address every reason for denial directly
• Quote relevant language from your policy
• Include supporting documents like medical records, crash photos, and witness notes
• Ask clearly for what you want: full payment, partial reconsideration, or more investigation
• Set a clear deadline (e.g., 30 days) for response

Step 6: Keep Track of Every Interaction

• Stay organized. Document everything:
• Copies of letters, texts, and emails
• A phone log with dates, times, names, and summaries of conversations
• A daily injury journal noting your symptoms, treatments, and how your life has been affected

“When a client keeps a pain journal or saves every doctor’s note, it becomes a story we can prove—not just tell.” — Attorney Jenna Kakley

Step 7: File a Complaint If You Suspect Unfair Treatment

If the insurance company won’t cooperate or acts in bad faith, file a complaint with the Florida Department of Financial Services.

This creates a public record, and while it won’t immediately overturn the denial, it can increase pressure on the insurer to act properly.

Step 8: Prepare for Legal Action If All Else Fails

Sometimes, even after gathering evidence and filing an appeal, the insurance company still won’t pay fairly. When that happens, the next step is litigation—and we’re ready.

At All Injuries Law Firm, we prepare every case from the start as if it might go to court. This not only strengthens your negotiating position but ensures you're ready if filing a lawsuit becomes necessary.

We’ve taken on some of the largest insurers in Florida—and won. Our trial preparation is thorough, strategic, and always focused on what matters most: securing justice for you and your family.

When it’s time to litigate, we may:
• Reconstruct the crash using accident scene experts and investigators
• Work with medical specialists to clearly explain the cause, severity, and future impact of your injuries
• Calculate your long-term financial losses, including future medical care, lost earning potential, and lifestyle adjustments
• Expose insurance misconduct, including delays, bad-faith denials, or failure to investigate properly

“Going to court isn’t just about winning—it’s about making sure your voice is heard, your losses are recognized, and your future is protected.”
— Attorney Jenna Kakley

Our litigation team handles everything, from filing legal motions to representing you in front of a judge or jury if needed. You won’t be alone—we’ll walk with you every step of the way.

Why Injured People Across Southwest Florida Turn to All Injuries Law Firm

For over 30 years, we’ve helped crash victims in Port Charlotte, Punta Gorda, North Port, and communities across Southwest Florida take on insurance companies that tried to deny, delay, or underpay their claims.

We know how overwhelming this moment feels—and we’re here to guide you through it with clarity, honesty, and real results.

When you work with us, you get:
🏆 Proven Results — Millions recovered, even after initial claim denials
⚖️ Board-Certified Expertise — Deep knowledge of Florida injury and insurance law
👥 Personalized Support — One-on-one attention from experienced attorneys
💸 No Upfront Fees — You pay nothing unless we win your case

“After a denial, many people feel lost. We step in, make sense of it all, and take the pressure off so they can focus on healing.”
— Attorney Brian O. Sutter

Don’t Wait — Florida’s New Deadlines Are Short, and Your Rights Are On the Line

If your car accident claim has been denied, don’t let that be the final word.

📞 Call (941) 625-4878 today for a free consultation with an experienced Port Charlotte attorney.

Let’s review your insurance claim denial and start building your next step—today.