Motor Vehicle Insurance Coverage Claims

Automobile insurance policies issued In Florida provide several different types of coverage. No-fault (also known as Personal Injury Protection, or “PIP”) coverage and property damage liability coverage are required to keep your car properly registered. No-fault coverage, as the name implies, pays 80% of medical expenses and 60% of lost income suffered as a result of an accident, regardless of who is at fault in causing the accident. The maximum amount payable under No-fault coverage is $10,000. Property damage liability pays for the damage caused by a negligent driver to the other vehicle. The dollar amount of this coverage varies from policy to policy.

Other optional coverages are available for an additional premium. Many policies have bodily injury liability coverage, which protects an insured if they are at fault in causing an accident and someone else makes an injury claim against them. Comprehensive and collision coverages are other optional coverages, which pay for the total loss or damage to the insured’s vehicle – because of theft or accident – regardless of fault.

Many disputes can arise between an insured and an insurer when a claim is made. For example, insurers will often deny claims for payment of medical expenses under a policy’s No-fault coverage on the grounds that the insured’s medical care is not necessary or related to the accident. Insurers will often argue that there was a misrepresentation on the application for insurance, relieving it of the obligation to cover a claim. Issues can also arise over whether a policy was properly cancelled or whether the insurer can lawfully raise the premium on the policy due to the insured having been involved in an accident (the answer is generally “no” with certain exceptions. See Florida Statues 62.9541 (1) (o)3 and 626.9702).

If an insurer denies coverage to an insured, or fails to honor a claim in full, Florida law allows the insured to recover attorney’s fees if a lawsuit is successfully brought against the insurer. Thus, even if the amount in dispute is rather modest, a lawyer who is successful in helping an insured can recover their fee from the insurer for the time spent assisting the insured.

Insurance disputes, like insurance policies, can be complicated and difficult for most people to understand. An experienced insurance lawyer can help you determine whether you have a valid claim. Please feel free to call me to discuss your case. The initial consultation is free, and you will speak directly with me, Eric Luckman, about your claim and your rights.