Steps to Take if an Insurer Denies Your Slip and Fall Claim

All property owners in Florida are required to maintain their premises in a safe condition so visitors who enter it do not become hurt. Even with these laws, people still suffer injuries from slip and falls in retail stores, restaurants, and even friends’ homes too often. When a property owner was negligent and their carelessness resulted in serious injuries, you may be able to claim compensation for your medical bills, pain and suffering, and other losses.

Unfortunately, insurance companies are often hesitant to pay the full settlement accident victims deserve. Instead, they reduce and deny claims in order to protect their profits. If you were hurt in a slip and fall and the insurer denied your claim, you may have legal options. Below, our Tampa slip and fall attorney outlines what these are.

Why Do Insurance Companies Deny Slip and Fall Claims?

Insurance companies will look for any reason to avoid paying fair settlements. Some of the most common of these include:

• Property owner was not negligent: There are times when property owners are not liable for injuries. These include when they could not have known about the hazardous condition. Insurance companies may use this excuse to shift blame from the property owner, even when it is not true.
• The claim was filed too late: The statute of limitations, or deadline, for filing a slip and fall claim in Florida is two years from the date of the accident. If you file after this deadline has expired, it may give the insurer valid reason to deny your claim. However, there are exceptions to this law, such as if you did not discover your injuries right away.
• Lack of evidence: You need strong evidence to corroborate your claim of injury. This can include medical records, photos, and witness statements. Without this evidence, the insurance company may deny your claim.

What to Do if You Receive a Denial from the Insurer

The first thing to do after an insurance company has denied your slip and fall claim is to contact the insurance company. Ask them for a reason for the denial, in writing. This can help prove that they did not deny your claim in good faith.

If the insurer denied your claim due to a lack of evidence, revisit the scene if it is safe and you are able to do so. The dangerous condition that caused your injuries, such as a broken stairway or poor lighting, may still exist. It is important to do this as soon as possible, as the property owner may correct the  condition to protect themselves.

Lastly, try to locate any witnesses you may be able to locate. For example, if you fell in a store, employees may be able to testify in your case. Ask for their name, phone number, and written accounts to prove your claim.

Call Our Slip and Fall Attorney in Tampa Today

At Moore Law, our Tampa slip and fall attorney has the necessary experience  to deal with insurance companies after they deny claims, and we can help  you, too. Call us now at 813-510-5400 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html