Sharing the road with larger, faster, motorized vehicles is risky when you are on foot, so it will probably not shock you to learn that pedestrian accidents can be devastating. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) indicate that there are more than 8,560 crashes involving people on foot annually. Of these, almost 37% occur in Broward, Miami-Dade, and Palm Beach Counties. Approximately 220 people are killed in South Florida pedestrian accidents, and thousands more are injured.
Florida traffic crash laws apply to these incidents, and the first step in the process is filing a claim with the at-fault driver’s insurance company. You might expect to fill out some forms and answer a few questions, so you may be surprised to receive a denial. Often, the insurer is justified in rejecting your claim due to mistakes, a situation you can avoid by retaining a Miami pedestrian accident attorney. Your claim may have been denied because:
There Was No Proof of Fault
An insurance company will only pay the claims for victims when its policyholder is liable for causing the collision. The concept of negligence applies, so you need to prove that the pedestrian accident happened because the other motorist failed to drive safely. The insurer would require such evidence as:
- Pictures of the vehicles;
- Images of the intersection or stretch of roadway;
- Video from buildings near the scene of the crash; and,
- Physical indications of a pedestrian accident, such as skid marks.
You Did Not Include Details About Your Injuries
The other important factor an insurance company looks at when assessing your claim is the nature and severity of your injuries. The details affect your compensation because you may qualify to recover damages for the costs of medical treatment, including emergency care, surgery, hospitalization, and pain medications.
You Failed to Provide Information on Other Losses
Monetary damages aim to compensate you for the various ways pedestrian accident injuries affect your life, so you could be entitled to:
- Lost wages if you missed work because of being hurt;
- Pain and suffering;
- Emotional distress; and,
- Scarring and disfigurement.
An insurance company may deny your claim if you do not submit sufficient documents and supporting evidence. In many cases, you may need input from medical professionals and other experts.
You Did Not Seek Medical Treatment Right Away
If you do not go to the ER, an urgent care facility, or your doctor immediately after the pedestrian collision, the insurer will likely reject your claim. Any delays send the message that your injuries were not severe, otherwise you would have sought treatment.
You Can Rely on a Miami Pedestrian Accident Lawyer for Assistance
Our team at Gerson & Schwartz, PA, will fight to ensure you receive fair monetary damages through an insurance claim, but we are ready to take your case to court as necessary. For additional details, please call (305) 371-6000 or go online to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.