My Car Was Hit and Their Insurance Won’t Pay

Being in a car accident is stressful enough on its own — but finding out that the other driver’s insurance won’t pay for the damages can feel like adding insult to injury. You did everything right: filed a police report, gathered the evidence, and submitted the claim. And now, after all that, the insurance company has denied it.

If you’re facing this situation, you’re not alone. In fact, it’s more common than you might think. But although it can be frustrating, it’s not the end of the road. In this post, we’ll walk you through why insurance companies deny claims, what your options are, and how to protect your rights. We’ll also discuss when pursuing legal action with an experienced auto accident attorney may become necessary.

Why Do Insurance Companies Deny Claims?

Before drawing any firm conclusions, it’s important to understand the most common reasons why an insurance company might deny a claim. Not all denials are acts of bad faith — sometimes, they’re based on policy limitations or a lack of evidence.

Here are the most common reasons claims get denied:

Disputed Liability

If the other driver’s insurance company believes their insured wasn’t at fault or only partially at fault, they may reject your claim outright. This is especially common in cases without clear evidence or eyewitnesses.

Insufficient Evidence

Lack of police reports, photos, or timely documentation can hurt your claim. If you can’t prove the other driver was at fault or that damages occurred as a result of the accident, the insurer may deny payment.

Policy Lapses or Exclusions

Sometimes, the at-fault driver’s insurance may have lapsed — meaning they weren’t covered at the time of the accident. Alternatively, certain policy exclusions may come into play, such as when a driver uses their personal vehicle for business.

Failure to Cooperate

If the insured party — the other driver — doesn’t respond to their insurer’s requests or refuses to cooperate in the investigation, the company may deny your claim.

Delays in Filing

Most insurance policies require that claims be reported within a reasonable time. If you waited too long to file your claim, the insurer might use that as a reason to deny it.

My Car Was Hit and Their Insurance Won’t Pay: First Steps to Take

If your claim has been denied, don’t panic — and definitely don’t give up. You still have options. Here are the recommended first steps anyone in this situation should take:

1. Request a Written Explanation

By law, you’re entitled to a written explanation of why the claim was denied. Ask for this in writing if it wasn’t already provided.

2. Review the Denial Carefully

Go over the denial letter line by line. Look for the specific reason and compare it with the facts of your case. Sometimes, denials are based on misunderstandings or missing documents.

3. Contact the Adjuster

A phone call or email to the claims adjuster might clear up any confusion. When dealing with a claims adjuster, always be polite but firm. Ask what information they need to reconsider the claim — and then get it to them promptly.

The Role of Your Own Insurance Company

Even if the other driver was clearly at fault, your own insurance may still play a big role in resolving the situation — especially if the other insurer is dragging their feet.

Collision Coverage

If you carry collision coverage, your own insurer can pay for your car repairs, minus your deductible. They may then pursue the other driver’s insurance company through a process called subrogation to recover what they paid, and possibly refund your deductible.

Uninsured/Underinsured Motorist Coverage

Suppose the at-fault driver was uninsured, or their insurance refuses to pay. In that case, you can file a claim under your uninsured motorist or underinsured motorist (UM/UIM) coverage.

This is especially useful when:

• The other driver’s policy lapsed.
• Their insurer is delaying or denying without cause.
• The damages exceed the at-fault party’s coverage limits.

When the Other Insurance Company Won’t Pay

If the other driver’s insurance denies your claim and your own insurance won’t fully cover the loss, you’re left with a few options.

Appeal the Denial

You can formally appeal the decision. This may involve submitting additional documentation, witness statements, or even a demand letter. While not always successful, it’s worth trying — especially if you suspect the denial was unfair.

File a Complaint

You can file a complaint with your state’s Department of Insurance. They won’t act as your lawyer, but they can investigate whether the insurer is acting in bad faith or violating insurance regulations.

Send a Demand Letter

A well-written demand letter can prompt action. This document outlines the facts of the case, the damages you suffered, and the legal basis for your demand. It may be your last attempt before involving an attorney.

Watch for Signs of Bad Faith

Insurance companies are legally obligated to act in good faith — that means handling claims promptly, fairly, and honestly. If they don’t, you may have grounds for a bad-faith lawsuit.

Signs of bad faith include:

• Unreasonably long delays in communication or claim processing.
• Denying a claim without a valid reason.
• Offering a settlement far below the actual value of damages.
• Misrepresenting policy terms.
• Failing to conduct a proper investigation.

If you suspect bad faith, document everything: names, dates, phone calls, letters — the more, the better.

When to Hire a Lawyer

If you’re not getting anywhere with the insurance company and you believe the denial is unjustified, it may be time to consult a car accident attorney.

A good lawyer can:

• Assess whether the denial was lawful.
• Help you gather additional evidence to strengthen your claim.
• Negotiate directly with the insurer.
• File a lawsuit, if necessary.

Most personal injury attorneys offer free consultations, and many work on a contingency fee — meaning they only get paid if you win or settle the case.

Filing a Lawsuit: When and Why

If negotiations fail and the insurer refuses to budge, you may decide to file a lawsuit — either against the at-fault driver or their insurance company.

Common reasons to sue include:

• You suffered significant financial loss or injury.
• The insurer is acting in bad faith.
• Your own insurer failed to pay under your policy.

Due to the statute of limitations, you typically have a limited time to file a lawsuit, which in Florida is generally two years from the date of the injury.

Do Most Car Accident Lawsuits Go to Trial?

Here’s some good news: most cases don’t go to trial.

According to national statistics, around 95% of car accident claims settle out of court. Filing a lawsuit is often a strategic move to push for a fair settlement — and in many cases, it works. Insurance companies are often more motivated to settle once legal pressure is applied.

But if a fair offer isn’t made, going to court may be your only option to receive full compensation.

My Car Was Hit and Their Insurance Won’t Pay: Don’t Settle for Less Than You Deserve

Dealing with an uncooperative insurance company can be draining, but you don’t have to accept an unfair outcome. You have rights — and resources — that can help you get the compensation you deserve.

Key Takeaways:

• Always get the denial reason in writing and review it carefully.
• Use your own insurance where possible, especially for collision or UM/UIM coverage.
• Know the signs of bad faith and document all interactions.
• Don’t hesitate to consult an attorney if you feel stuck or mistreated.
• Most lawsuits settle — but be prepared to go the distance if needed.

It’s okay to be frustrated, but don’t be discouraged. With the right strategy and support, you can move forward — and hold the responsible parties accountable.

Contact Hartpence Law Today for a Free Consultation

If you have been injured in a car accident, meet with an experienced personal injury lawyer to protect your rights and get the compensation you deserve. Contact Hartpence Law today for a free consultation on your case. We are an experienced and knowledgeable legal team ready to support you during a difficult time.

If you or someone you love was involved in an accident, call us at (855) 680-4911 or schedule a free consultation.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.