insurance claim fl Under Florida's No-Fault Car Accident Law

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Under Florida's No-Fault Car Accident Law, you're required to file an insurance claim for personal injuries within a specific timeframe. This means you have two years from the date of the accident to submit your claim.

Florida's No-Fault Law also mandates that you carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. This coverage is designed to help pay for medical expenses, lost wages, and other related costs.

Filing an insurance claim under Florida's No-Fault Law can be a complex process, but understanding the basics can help you navigate it more smoothly.

Understanding Bad Faith in Florida

Bad faith in Florida law refers to when an insurance company deliberately and unfairly avoids fulfilling its legal or contractual obligations and denies a valid claim. This can happen even if you file your claim correctly.

Insurance companies are expected to act with a sincere intention to be fair, open, and honest, paying claims promptly in case of damages caused by events covered by the policy. Unfortunately, this is not always the case.

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Some common bad faith actions in Florida include unreasonable delays in responses and payments, material misrepresentation of facts, withholding of important information, refusing to pay without investigating, knowingly failing to investigate the claim, and misleading you to enter into an agreement.

These actions can constitute a breach of the implied covenant of good faith and fair dealing, which is a requirement for insurance companies in Florida. They can also open the door to a lawsuit.

There are two types of bad faith claims in Florida: first-party and third-party. If you're the insured, you should file a first-party claim. For example, if you got sick and your health insurance company refuses to cover the medical expenses, it would be a case of First-party Bad Faith.

If another party's insurer committed bad faith against you, you should file a third-party claim. Third-party claims are complex, as it's necessary to consider any wrongdoing or negligence of the other party involved in the accident in addition to their insurer's actions.

Here are some common examples of bad faith actions:

  • Unreasonable delays in responses and payments
  • Material misrepresentation of facts
  • Withholding of important information
  • Refusing to pay without "investigating", even when it is clear who is liable
  • Knowingly failing to investigate the claim
  • Misleading you to enter into an agreement

Filing an Insurance Claim

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To file an insurance claim in Florida, you have up to one year from the date of loss to file a new or reopened property insurance claim, or 18 months for a supplemental claim. This deadline applies to almost any kind of insurance claim for damage or loss to real estate or personal property, except liability claims or title insurance.

You'll need to submit a written proof of loss, which includes a detailed explanation of your losses and the cost of repairs, along with supporting documents such as inspections and contractor estimates. This document is crucial, as it triggers a 7-day deadline for your insurer to begin investigating your claim.

Here's a quick rundown of the deadlines you should be aware of:

  • 1 year: New or reopened property insurance claims
  • 18 months: Supplemental property insurance claims
  • 7 days: Insurer must begin investigating your claim after receiving your written proof of loss
  • 30 days: Insurer must inspect your property after receiving your written proof of loss

File Requirements

To file an insurance claim, you'll need to provide some essential information. Your name, address, and phone number are required, as well as the name of the insurer you're making a claim against.

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To file a Bad Faith Insurance Claim in Florida, you'll also need a description of the events that led you to suspect the insurer of acting in bad faith. Any other relevant information or evidence you have should be included as well.

A key distinction to make is between a "reopened" claim and a "supplemental" claim. A "reopened" claim is one that has previously been closed but has been reopened due to additional costs for loss or damage. A "supplemental" claim, on the other hand, is a claim for additional loss or damage from the same peril that the insurer has previously adjusted.

Here are the key pieces of information you'll need to file a property insurance claim in Florida:

  • Name, address, and phone number
  • Name of the insurer
  • Description of the events leading to the claim
  • Any other relevant information or evidence

Remember, the deadline to file a property insurance claim in Florida is one year from the date of loss, unless you're filing a supplemental claim, in which case the deadline is 18 months from the date of loss.

Report the Accident

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Reporting the accident is a crucial step in the insurance claim process. Most insurance policies require you to report the accident within 24-48 hours.

You must report any accident you're involved in, regardless of who's at fault. This is stated in most insurance policies.

Failing to report an accident could result in your insurance company denying your claim or canceling your policy. This is a consequence you'll want to avoid.

Reporting the accident to your insurance company starts the claim process, which is how you can get compensation for any damages or injuries you've sustained.

Theft and Vandalism

Some property insurance policies cover theft and vandalism claims, but the language in your policy matters.

If your policy covers theft, you'll need to show that you owned the property in question.

A detailed inventory and a receipt of purchase can help settle a theft claim.

Some policies may not pay for any damage that resulted from theft.

Vandalism is covered under most homeowner and commercial insurance policies.

Exceptions may apply, including whether or for how long the property was vacant.

Property Damage Liability

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If you're involved in an accident in Florida, you'll need to know about property damage liability. This type of coverage is required by law, with a minimum of $10,000 needed to cover damage to another person's vehicle or property.

You'll want to make sure you have this coverage, especially if you live in an area prone to accidents or natural disasters. In fact, property damage liability is a crucial aspect of car insurance in Florida.

To file a claim, you'll need to provide proof of loss, which can trigger a 7-day deadline for the insurer to begin investigating your claim. This is a crucial step in the process, as it sets a 30-day deadline for the insurer to inspect your property.

Here's a breakdown of the timeline for filing a property insurance claim in Florida:

  • New or reopened claims: 1 year from the date of loss
  • Supplemental claims: 18 months from the date of loss

It's worth noting that these deadlines can be tolled for U.S. military service members during deployment to a combat zone or combat support posting. This can provide some relief for those serving overseas.

In summary, property damage liability is a vital aspect of car insurance in Florida, and understanding the claims process can help you navigate any potential issues.

Insurance Claim Process

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In Florida, an insurance company should begin investigating a homeowners or other residential property claim within 7 days of receiving your written proof of loss.

You'll need to submit a sworn proof of loss document, which is a specific form that you must sign and notarize, along with documents explaining your losses and the cost of repairs in detail.

To move your claim along, it's recommended to submit a proof of loss to your insurance company on any significant property claim.

A few sentences explaining what happened to your property in an email to your insurer is usually sufficient for a valid notice of loss, but a proof of loss is a more powerful tool.

This deadline applies only to residential claims and has exceptions, such as "factors beyond the control of the insurer" and conflicting policy or law terms.

After filing a car insurance claim, the insurance provider will assign an adjuster to your case, who will investigate to determine liability for your claim.

Provide Necessary Company Documentation

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In Florida, an insurance company should begin investigating a homeowners or other residential property claim within 7 days of receiving your written proof of loss. This deadline is based on when you submit a sworn proof of loss, not when you file your claim.

The requirements for submitting a valid notice of loss are fairly minimal, but a proof of loss is a more detailed document that you must sign and notarize, along with attaching documents explaining your losses and the cost of repairs.

For a Florida-compliant proof of loss form, you can download a free form. You should always provide a copy of the police report, medical bills or receipts, and other documentation related to the accident to your insurance company.

A lack of documentation could result in your claim being denied or only partially covered. In some cases, your insurance company may request that you submit a proof of loss, but you can also submit one even if they don't ask for it.

Review Your

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You should review your claim with your insurance company to determine how much they will cover under your PIP coverage. This can help you identify any potential disputes or disagreements that may arise.

Your insurance company will review your claim and determine how much they will cover under your PIP coverage. If your damages and expenses exceed your PIP coverage, you can file a claim against the other driver's insurance company to recover the remaining amount.

In Florida, there's a threshold for personal injury lawsuits. To file a lawsuit against the other driver, you must have sustained a permanent injury or have incurred at least $10,000 in medical bills.

Here are some key deadlines to keep in mind when reviewing your claim with your insurance company:

  • 7 days for the insurance company to acknowledge your claim
  • 7 days for the insurance company to begin investigating your claim after receiving your written proof of loss

It's essential to review your claim with your insurance company to ensure you're receiving the full benefit of your insurance policy.

Fire Damage

Fire damage can happen to anyone, and it's not just limited to the actual flames. Firefighters respond to a fire every 48 seconds in the state of Florida.

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If your home or belongings are damaged in a fire, you can file an insurance claim. Homeowners' policies are likely to cover both fire and smoke damage.

Documenting everything that was damaged during the fire is crucial. These claims are complex, and your insurance is likely to demand lots of paperwork.

Fires can start because of cooking equipment, electrical problems, heating equipment, accidents, and more.

Frequently Asked Questions

What is the time limit for insurance claims in Florida?

In Florida, insurance claims typically need to be settled within 120 days from the date of filing. This timeframe applies under normal circumstances.

What is the 90 day rule in Florida insurance?

In Florida, an insurer is prohibited from filing a bad faith lawsuit if they've paid the insured within 90 days of receiving a claim notice, provided sufficient evidence is submitted. This 90-day rule protects insureds from frivolous lawsuits.

Kristin Ward

Writer

Kristin Ward is a versatile writer with a keen eye for detail and a passion for storytelling. With a background in research and analysis, she brings a unique perspective to her writing, making complex topics accessible to a wide range of readers. Kristin's writing portfolio showcases her ability to tackle a variety of subjects, from personal finance to lifestyle and beyond.

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