After a car crash, it’s difficult to imagine that an attorney would turn you down in your time of need. The truth is, law firms reject car accident cases all the time. Grace Hancock asked attorney Mike Hancock why he might decline a car accident injury case—here’s his answer.
Mike: “We may decline a case if the statute of limitations has expired, the client has no injury, the client is at fault, liability is disputed, there is no insurance coverage, or the client can achieve a better recovery on their own. So those are some of the reasons.”
Staying Within The Florida Statute of Limitations
Grace: “What is the statute of limitations in Florida?”
Mike: “The statute of limitations in Florida for a car accident case is two years. The statute of limitations sets a deadline for filing a lawsuit after an injury. If you don’t file a lawsuit within the statute of limitations, you forever lose your right to do so.”
Why Our Client Must Have Injuries From The Accident
Grace: “Why wouldn’t you take on a case where the client has no injuries?”
Mike: “For us to take a personal injury claim arising from a car accident, our client has to have injuries. We don’t take any cases involving just property damage. If the other driver is at fault and has property damage liability insurance, their insurer usually handles car repairs or totals the vehicle and compensates you. In about 95% of such cases, this process goes smoothly without needing an attorney."
How Disputed Liability Can Affect Your Case
Grace: “What is disputed liability, and how does it impact your decision to take a case?”
Mike: “I can break disputed liability down into two situations. First, if you're in a car crash and the police determine you were at fault, their report isn’t admissible in your personal injury claim. However, it still gives everyone involved a general idea of who caused the accident—though it's not always accurate.
If I think based upon my investigation that the client calling me is actually the one who caused the accident, I might not take that case. But then, Florida follows what’s known as modified comparative fault or comparative negligence. A jury can conclude that you were twenty percent at fault and the other person was eighty percent at fault. That would just reduce the amount you’re entitled to by the amount of your negligence, your comparative negligence. But, if the jury finds you to be more than 50 percent at fault for the accident, you will be unable to recover damages.
If we think that you are more than 50 percent at fault, I wouldn’t take the case. If we believe the damages are significant and that you might be partly at fault, we may still take the case.”
Why There Must Be Insurance Coverage
Grace: “Can you explain why you wouldn’t take a case if it was found that there was no insurance coverage?”
Mike: “Unfortunately since the 1970s, Florida has followed the Florida No-Fault Insurance laws as it relates to car insurance. These laws don’t require anyone to have bodily injury liability coverage. You need this coverage if you’re at fault to pay for the other person’s injuries.
In about one in three calls I receive, there’s no insurance on the other side to cover the injuries. That’s why it’s crucial to have uninsured motorist coverage. In Florida, this also includes underinsured motorist coverage, which steps in if the at-fault driver has no insurance or not enough to cover your damages. That’s another reason why I wouldn’t take the case.
If you’re injured in a car accident, we begin representing you by sending out letters under a Florida statute that requires insurance companies to provide certain information under oath within 30 days. During this time, we find out if the at-fault driver has insurance and, if so, how much.
If the driver has only the minimum coverage and no bodily injury liability, and if our client lacks uninsured motorist coverage, we investigate further. We check if the at-fault driver was working at the time, as their employer might be liable for the accident.
If the driver has no insurance, wasn’t working, and our client doesn’t have uninsured motorist coverage, we run searches in our databases to determine if the driver has sufficient assets. This helps us decide whether it’s worth filing a lawsuit, going to trial, and obtaining a judgment to collect from the driver. We do all of this research before concluding there’s no insurance, no assets, and nothing to pursue.”
If The Client Can Make A Bigger Recovery On Their Own
Grace: “Why would you decline a case if you think the client can make a larger net recovery by themselves than they could with you as their attorney?”
Mike: “My goal is to help people, and there are times when I’ll listen to a potential client’s story and tell them, “I think you can handle this on your own; it’s not a big case.” I’ll guide them through the process, offering advice on how to manage it themselves. If I can help them quickly and give them the tools to move forward, they usually appreciate it. Most people prefer handling things on their own, and they’re grateful for the advice I provide free of charge.
We do this for two reasons: first, because we genuinely want to help, and second, because those clients remember the kindness and good advice we gave them. Often, they end up referring us to others, and all it took was a little time to offer helpful guidance.”
Why A Car Accident Attorney May Decline A Case: The Takeaway
In short, Mike Hancock may not take your car accident case for reasons such as: the statute of limitations having expired, no injuries, disputed liability, lack of insurance, or if it’s determined you can handle the claim on your own and recover more without an attorney.
However, if the at-fault party has no insurance or you're partly responsible, Mike may still be able to represent you. At Hancock Injury Attorneys, our goal is to help people. If you think we can assist you, call us at 813-915-1110 or visit our website to schedule your free case consultation today.