Insurance Claims in Florida Lawyer in South Florida
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Navigating the complexities of insurance claims and coverage in Florida can be challenging, especially after an accident. Understanding your rights and the intricacies of Florida’s no-fault insurance system is crucial to ensuring you receive the compensation you’re entitled to. Our experienced team is here to guide you through every step of the process, from filing a claim to pursuing legal action if necessary.
We proudly represent clients throughout Florida, including Miami, Fort Lauderdale, West Palm Beach, Orlando, and surrounding communities. Whether you are dealing with a minor crash or a devastating collision, our team has the experience and resources to protect your rights.
Fast Legal Answers for Insurance Claims in Florida
What is the Florida statute of limitations for filing an insurance claim?
In Florida, the statute of limitations for filing an insurance claim varies depending on the type of insurance and the nature of the claim. For example:
Personal Injury Protection (PIP) Claims: Under Florida Statutes § 627.736, medical providers must submit claims within 35 days of providing services. However, the overall statute of limitations for filing a PIP claim is typically four years from the date of the accident.
Property Insurance Claims: For damages to property, such as homeowners’ insurance claims, the statute of limitations is generally five years from the date the cause of action accrues.
It’s important to consult with a Florida-licensed attorney to determine the specific time limits applicable to your case.
What is Personal Injury Protection (PIP) insurance in Florida?
Florida operates under a no-fault insurance system, requiring all drivers to carry Personal Injury Protection (PIP) insurance. PIP covers up to $10,000 in medical expenses and lost wages, regardless of who caused the accident. However, it does not cover property damage or pain and suffering unless certain conditions are met.
What does PIP insurance cover in Florida?
PIP insurance in Florida covers:
80% of medical expenses
60% of lost wages
Up to $10,000 in coverage
It’s important to note that PIP does not cover property damage or pain and suffering unless the injuries meet the state’s serious injury threshold.
Can I sue for pain and suffering in Florida after an accident?
In Florida, you can sue for pain and suffering if your injuries meet the state’s serious injury threshold. This includes:
Significant and permanent loss of an important bodily function
Permanent injury within a reasonable degree of medical probability
Significant and permanent scarring or disfigurement
Death
If your injuries don’t meet these criteria, you may not be able to pursue a claim for pain and suffering.
How do I file a car accident claim in Florida?
To file a car accident claim in Florida:
Report the accident to your insurance company promptly.
Gather necessary documents, including medical records, proof of lost wages, and property damage estimates.
Consult with an attorney to understand your rights and ensure you receive fair compensation.
Remember, Florida’s no-fault system requires you to first file a claim with your own insurance company through your PIP policy.
What should I do if my insurance claim is denied in Florida?
If your insurance claim is denied:
Review the denial letter to understand the reason for the denial.
Contact your insurance company for clarification and to discuss the next steps.
File a complaint with the Florida Department of Financial Services if you believe the denial was unjust.
Consult with an attorney to explore your options, which may include appealing the denial or pursuing legal action.
An experienced attorney can help navigate the complexities of insurance claims and ensure your rights are protected.
Can I sue my insurance company in Florida?
Yes, you can sue your insurance company in Florida. If your insurer acts in “bad faith” by failing to settle a claim fairly or denying a valid claim without proper justification, you may have grounds for a lawsuit under Florida Statutes § 624.155. This statute allows individuals to bring a civil action against an insurer for unfair claim settlement practices.
What is insurance "bad faith" in Florida?
“Bad faith” insurance refers to situations where an insurer fails to act honestly and fairly toward its policyholders. Under Florida law, insurers are required to handle claims in good faith. If an insurer does not attempt in good faith to settle a claim, it may be subject to a bad faith lawsuit. Florida’s bad faith statute permits “any person” to bring a bad faith action against an insurer for not attempting in good faith to settle a claim
What is the "eight corners rule" in Florida insurance law?
The “eight corners rule” is a legal doctrine in Florida that determines an insurer’s duty to defend a policyholder based solely on the allegations in the complaint and the language of the insurance policy. Traditionally, courts have not considered facts outside of these two documents. However, Florida courts have been increasingly using facts outside the complaint and policy when determining an insurer’s duty to defend, creating exceptions to the traditional rule
How does Florida law address intentional acts exclusions in insurance policies?
Florida law allows insurance policies to include exclusions for intentional acts. However, the application of these exclusions can be complex. The intentional acts exclusion may apply only to claims against the particular insured who committed the intentional act and may not extend to negligence claims against other insureds based on their negligent failure to prevent another’s intentional conduct
Can I request information about the other party's insurance coverage in Florida?
Yes, under Florida Statutes § 627.4137, you have the right to request information about the other party’s insurance coverage. Upon written request, the insurer must provide a statement setting forth the known liability insurance coverage applicable to the claim, including the name of the insurer, policy limits, and other relevant details.
Why Hire The Law Offices of Robert Dixon in FL
- Decades of Experience: Our attorneys have decades of combined experience handling Florida personal injury cases.
- Client-Focused Advocacy: We are dedicated to protecting accident victims and their families at every step.
- No Win, No Fee: You don’t pay unless we successfully recover compensation for you.
- Proven Results: We have a strong track record of successful settlements and verdicts.
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