Suing an Auto Insurance Company in Florida – 4 Easy Steps to Getting Your Claim
In case you do get involved in a car accident, one of the first things you should do is call 911 and inform the police. The law also advises you to call your insurance provider and let them know about the incident. According to the insurance contract or policy, you should receive the damages incurred because of the accident. In case the insurer does not act in good faith and denies your claims, you could sue in a court of law. Here are some of the facts to keep in mind when dealing with your auto insurance company in Florida.
Insurers Denying Your Claim is a Real Possibility
Typically, the clauses in your contract with the insurer stipulate that you should receive compensation for medical expenses and the costs of repairs to the car. However, many companies refute the claims by citing loopholes in the agreement or look for other justification to deny payment. Others may delay the payment causing you additional pain and harassment. If you find yourself in such a situation, here are the next steps to take.
- Contact the Auto Insurance Company in Florida with a Request for Paperwork
At the time of getting auto insurance, it is always advisable to keep a copy of the contract along with any other documentation. Your FCALT lawyers will advise you to save any communication via email or paperwork. In case you don’t have the contract at the time of the accident, get in touch with the company, and request a copy. You’ll also want to gather all the evidence to prove that the insurance provider owes you damages. If you have any photographs that you took at the scene or first-hand accounts from the people present, collect them in a file.
- Ask for an Explanation for Denying the Claim
Write a letter to the insurer and ask that it provides a written explanation for their reasons for refusing to pay the claim. Clearly specify that you want to fair compensation for the damages. Oftentimes, companies take time to respond so remember to record all communication. You might get an offer for a settlement.
- Consider All Your Options Carefully
In case the company offers you a settlement, make sure to check with your lawyers. Insurance providers may offer you a deal that includes full release from any future medical expenses. Accident victims often have long-term health problems from the trauma that they may not realize at the time. Although the auto insurance company in Florida is expected to legally defend you, they might choose to support the other driver if it means increasing your contributions to the claim amount and lowering their liability.
- You Can File a Bad Faith Complaint
Before filing a lawsuit against the auto insurance company in Florida, it is advisable to check with an expert lawyer. Have the clauses in the insurance contract examined carefully to ensure that you do have a valid claim. For instance, if there is a possibility that the accident was caused because of your negligence, the insurer could have the right to deny your request for reimbursement. As long as your claim meets the terms and conditions in the contract, you can file a bad faith complaint. In case the coverage provider does not pay out in time or offers to settle for an amount that is unreasonably lower, you’ll likely win the lawsuit.
If you are the victim in a car accident, the insurance company is liable to compensate you for damages. With the assistance of a personal injury attorney, you could get not just compensatory claims, but also punitive damages if the other driver was drunk, speeding, or driving a commercial vehicle. Contact the expert lawyers at FCALT and ask about your rights and options.