Dealing with insurance companies after a car accident in Florida is often seen as a complex process. However, understanding your rights and responsibilities can help you protect your interests.
It is important to note that Florida operates under a no fault insurance system. This means that your own insurance company will cover certain damages regardless of who caused the accident. However, you may also need to interact with the at fault party’s insurance company if your damages exceed the limits of your personal injury protection (“PIP”) coverage.
If you have been involved in a car accident, it is recommended to take the following steps:
- Notify Your Insurance Company: First, you should immediately report the accident to your insurance company as soon as possible, being sure to provide basic information, such as the date, time, location, and parties involved
- It is important to avoid admitting fault or speculating about the cause of the accident
- Document the Incident: Next, you should gather evidence, including photos of the accident scene, vehicle damage, and any injuries
- You should also obtain contact information from witnesses and keep complete records of any medical treatments and expenses
- Be Cautious in Communication: When speaking with insurance adjusters, you should be sure to stick to the facts and avoid making statements that could be used to minimize your claim, such as downplaying injuries or accepting blame
- Understand Your Coverage: You should always review your insurance policy to understand what is covered under your PIP and other provisions
- Florida law requires drivers to carry at least $10,000 in PIP coverage, which pays for medical expenses and lost wages in cases of car accidents
- Consult an Attorney: Finally, if your accident involves significant damages or disputes, you should consider hiring a Florida lawyer, as they can handle negotiations with insurance companies and ensure you receive fair compensation for you damages
As noted above, Florida personal injury protection law requires PIP coverage. However, if your damages exceed your PIP coverage, you may need to file a claim with the at fault party’s insurance company.
You should be prepared for challenges to your request for damages, as insurance companies often attempt to minimize payouts in car accident insurance claims. You should also avoid accepting a settlement offer without consulting an attorney, as initial offers may not fully cover your losses.
It is important to note that Florida’s comparative negligence laws allow you to recover damages even if you were partially at fault for the auto accident. However, your compensation may be reduced based on your percentage of fault. An attorney can help you navigate the complexities of an auto accident and advocate for your rights.
What Are Some Examples of Auto Insurance Conflict?
Auto insurance conflicts in Florida often arise due to disputes between policyholders and insurance companies. The following is a list of common examples of auto insurance conflict:
- Claim Denials: Insurance companies may deny claims, arguing that the policyholder’s coverage does not apply to the specific circumstances of the accident
- For instance, they might claim that the damages exceed policy limits or that the accident was caused by an excluded event
- Low Settlement Offers: As mentioned above, insurers may offer settlements that are significantly lower than the actual damages incurred, which can lead to disputes over the adequacy of compensation for medical expenses, property damage, and lost wages
- Delays in Processing Claims: Policyholders may experience unreasonable delays in claim processing, leaving them without timely financial support for expenses related to the accident
- Bad Faith Practices: Examples of bad faith practices include misrepresenting policy terms, failing to investigate claims promptly, or unjustly denying claims
- Importantly, Florida law allows policyholders to sue insurers for bad faith practices
- Disputes Over Fault: In Florida’s no fault insurance system, conflicts often can arise when insurers dispute the degree of fault or liability, especially in cases where damages exceed PIP coverage
- Uninsured or Underinsured Motorist Coverage Issues: Disputes may occur when policyholders attempt to claim under uninsured or underinsured motorist coverage, and insurers argue that the coverage does not apply or is insufficient
How Does Car Insurance Work When I Am Not at Fault?
In Florida, car insurance operates under a no fault system, which means that after a motor vehicle accident, your own insurance policy will cover certain damages. This is true regardless of who caused the accident.
Florida’s system is designed to streamline claims and reduce litigation over minor accidents. As such, when you’re not at fault in an accident PIP coverage will be your first line of recovery for any damages.
As noted above, Florida law requires all drivers to carry Personal Injury Protection insurance, with a minimum coverage of $10,000. PIP covers all of the following:
- Medical Expenses: PIP pays for 80% of necessary medical costs, such as hospital visits, surgeries, medication costs, and rehabilitation, up to the policy limit
- Lost Wages: PIP covers 60% of lost income if injuries prevent you from working
- Death Benefits: PIP provides up to $5,000 to the deceased’s family in the event of a fatal accident
Even if you are not at fault in an accident, you must still first file a claim with your own insurance company under your PIP coverage. Doing so ensures that you receive compensation for immediate medical expenses and lost wages without delay.
If your damages exceed your PIP coverage, you may also file a claim against the at fault driver’s insurance. Florida’s no fault system does not cover vehicle repairs. As such, you can file a claim under the at fault driver’s Property Damage Liability (“PDL”) insurance.
Additionally, If your injuries meet Florida’s “serious injury” threshold, such as permanent injury, significant scarring, or disfigurement, you can step outside the no fault system and sue the at fault driver for additional compensation over your PIP.
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What Happens if the Person at Fault in an Accident Has No Insurance?
If you are involved in a car accident in New York and the at fault driver has no insurance, your own Uninsured Motorist (“UM”) coverage can compensate you for damages like pain and suffering or lost wages. You can also pursue a private civil lawsuit against the uninsured driver. If successful, then you can collect your damages directly from the at fault driver.
However, collecting compensation may be difficult from an uninsured motorist, as they may not have assets sufficient to cover your damages. As such, it is important that you ask a lawyer for guidance and representation should you have to file a civil lawsuit against an at fault driver.
What Should I Know About Suing My Auto Insurance Company?
If you decide to sue your auto insurance company in New York after a motor vehicle accident, it is typically due to issues such as claim denial, bad faith practices, or unfair settlement offers. In order to proceed in suing your auto insurance company, you should review your insurance policy to understand your coverage, document all communications and evidence related to the claim, and consider consulting an attorney who handles insurance disputes.
Filing a complaint with the New York State Department of Financial Services may also help you resolve your issue before pursuing legal action. Further, if litigation becomes necessary, it is important to understand that there is a three year statute of limitations for auto accident claims. This means that you need to file your case prior to that time or you may be barred from later bringing your claim. You will also need to be able to prove your insurer violated their obligations.
Do I Need a Lawyer for Car Insurance Issues?
If you are an individual or business in Florida dealing with car insurance issues, whether you’re a victim of an accident or are navigating disputes with insurers, it is strongly recommended to consult an experienced Florida insurance attorney.
LegalMatch can assist you in connecting with a lawyer who understands Florida’s specific car insurance laws, as well as relevant federal regulations. A knowledgeable attorney will be able to provide you with tailored guidance to protect your interests, help you recover damages, and ensure compliance with insurance policies.
If you have been a victim of a motor vehicle accident, legal representation is essential to protect your rights. A lawyer can help you file claims, recover losses, and negotiate with insurance companies to secure a fair personal injury settlement.
Additionally, if a legal dispute arises with insurers or another party, they can also help you file the necessary legal paperwork to begin your lawsuit. They can also represent you at any in person hearing that may be necessary.
