Florida Bad Faith Auto Insurance Claims
As Miami-Dade car accident claims lawyers we have seen the physical, economical, and mental difficulties that may arise from an automobile accident. When you have suffered injury or property damage to your vehicle in a car accident you turn to your insurance company for help. The automobile insurance company is mandated by law to act in your best interest when these unfortunate situations occur. Although the insurance companies usually seem happy to help, sometimes they fail to treat their policyholders fairly. If you are being treated unfairly by your car insurance company the circumstances may allow you to file a bad faith claim.
Florida Statute 624.155(b)1 provides a civil remedy when an automobile insurance company fails to attempt to settle a claim in good faith. This occurs when the insurance company could and should have attempted to settle if acting fairly, honestly, and with due regard for the interests of its policyholder. If you are in South Florida and your car insurance company is failing to treat you in a fair and honest manner the attorneys at DRG Firm can help.
Examples of bad faith behavior from your auto insurance company include:
- Illegal dealings in premiums
- Undervaluing a claim
- Denial of coverage
- Delaying payment of claims for unreasonable length of time
- Denying or Underpaying claims
- Failing to investigate a claim in a proper and reasonable manner
- Unfairly refusing to settle and/or reimburse claims
- Withholding benefits unjustly
- Cancelling of auto insurance policy without cause
- Abusive or unreasonable claims process
If you are in South Florida our skilled auto collision attorneys are here to help if a car insurance company has treated you in any of these manners. Florida statutes provide that certain behavior by insurance companies will allow any individual, policyholder or not, who is harmed as a result to bring a 1st Party Insurance Bad Faith Claim against the company who wrote the auto policy. If your loved one was the at-fault policyholder and died or was seriously injured because of the insurance company’s negligence, then you may be able to bring a 3rd Party Insurance Bad Faith Claim. In May 2011 Florida changed the law to allow a period of 5 years from the date of loss to bring a breach of property insurance claim.
A Civil Remedy Notice (CRN) should be entered through the Florida Department of Financial Services before a bad faith claim is filed. A good CRN is specific, direct, and puts the auto insurance company on notice that it may be liable for bad faith. A CRN allows the company to avoid the bad faith claim by settling. If a victim prevails on a CRN they may be entitled to damages (not subject to the policy limitations), Court costs, and attorney's fees.
If a car insurance company is treating you unfairly a claim for bad faith may be available for you. You deserve the full benefits you are entitled under the auto insurance policy. The Miami car accident attorneys at DRG Firm are here to assist you 24/7. Our dedicated staff can assist you with all aspects of your claim. Our staff is attentive and quick to respond to your needs and an attorney is always close at hand to take your call. We can be reached at 1-888-413-8353.