Personal Injury and Medical
Malpractice Victims
In Florida, drivers are expected to carry the minimum level of required insurance for any car that they own and operate. As a result, drivers expect that if their car is damaged or if they suffer injuries in an accident, the insurance will provide coverage for their losses. Many drivers are not aware of what is covered under their policy, however, or what they must do to maintain coverage. They may have questions if a need to collect benefits under their policy arises. If you are a Florida driver, and your insurance company denied your claim or canceled your coverage, it is critical to speak with a trusted Fort Lauderdale car accident lawyer as soon as possible to discuss your rights. Attorney Joseph I. Lipsky can advise you on your rights and obligations under your applicable policy of insurance. Mr. Lipsky frequently aids people in car accident cases in Fort Lauderdale and throughout South Florida.
In addition to wondering if they will receive benefits under the terms of their policy, people involved in car accidents in Florida often wonder how an accident will affect their insurance in the future. Under Florida law, insurance companies are explicitly prohibited from refusing to renew a policy due to a car accident caused by an insured within a three-year period. If you have had more than one accident or have received traffic citations in addition to causing an accident, however, your insurer is permitted to refuse to renew your insurance.
Under Florida law, if you do not pay your premiums, your insurance company can cancel your insurance, leaving you uninsured. Your insurance company must send a notice of cancellation at least 10 days before the date of cancellation, advising you that the cancellation is for nonpayment of your premiums.
If you file a claim with your insurance company, it generally must acknowledge receipt of the claim within 14 days. Furthermore, unless the terms of the policy dictate otherwise, within 10 days after an insurance company receives proof of loss statements, it must begin investigating the claim. A proof of loss statement is a sworn statement providing information regarding the loss and documentation of any expenses. Finally, within 90 days of when a claim is filed with an insurance company, the company must either pay or deny the claim.
In Florida, a car will be deemed a total loss if the estimated cost of repairing the car is equal to or exceeds 80 percent of the car’s value. If the car’s owner and insurance company decide to repair the car instead of replacing it, however, it will not be considered a total loss. If the actual cost of repairing the car is greater than 100 percent of the cost of replacing the car, a new certificate of title must be issued for the car, indicating that it is a total loss vehicle.
It is important for all drivers to understand the terms of their insurance policy. If you were involved in a car accident in South Florida, you should meet with a capable attorney to discuss the coverage that you may be owed under your insurance policy. Joseph I. Lipsky can advise you on the scope of the benefits that you may be owed and the steps that you can take to safeguard your rights. Mr. Lipsky regularly aids people harmed in car accidents in Orange, Palm Beach, Broward, Miami-Dade, and Monroe Counties, including in Orlando, West Palm Beach, Fort Lauderdale, Miami, and Key West. We have four offices that are conveniently located in Miami, West Palm Beach, Plantation, and Delray Beach. We can be contacted through our form online or at 1-888-352-5298 to schedule a meeting to discuss your accident.