Florida Insurance Company Dispute Lawyers
insurance disputes
Filing a claim with the insurance company is one of the most common ways for injury victims and accident survivors to recover compensation for their damages. Many (but unfortunately not all) liable parties have some type of insurance coverage in place that could cover a portion of a claimant’s losses. Sadly, insurance companies don’t always handle claims in a way that is fair to potential claimants or protects the insured policy holder’s interests.
Those having trouble holding the insurance company accountable may require the legal support and advice of our experienced Florida insurance dispute lawyers at Luhrsen Goldberg. Our personal injury team has a proven history of helping our clients when insurers attempt to deny them the compensation they deserve. Prospective clients can contact our legal team to request a free consultation and discuss the reasons behind the insurance company’s denial and how to ensure they compensate victims fairly.
What are Insurance Disputes?
Whenever an insurance company is involved, there is potential that a claim denial, mishandling, or delay could result.. Having an insurance dispute lawyer can help to ease the difficulty associated with disputes over coverage types, the value of damages, unpaid medical services, and even claims of fraud.
Understanding Florida’s automobile insurance laws can be very difficult. Add to that that most years the Florida legislature makes changes to these laws and it can get even more difficult to stay apprised of your rights. Another complicating factor is that automobile insurance involves different types of coverage, which can be confusing in terms of determining what avenues someone involved in a car crash can pursue for compensation for different types of damages, including for things like medical expenses, lost wages, and pain and suffering. Another source of confusion is that some claims need to be made against the injured person’s own coverage. These factors can make it especially confusing for injured claimants to determine if their claim is being mishandled or not. Under the circumstances it makes sense for injury victims to take the time to meet with an attorney who can patiently explain the entire process and can help injury victims better understand their options and help them decide how to move forward with their claim.
Common Types of Accidents That Require Insurance Claim Filings
Insurance coverage is available in many industries. Since insurance coverage exists in the event of an accident or injury, there are many instances in which injured persons (or their survivors) may need to file a claim with the insurance company. When the insurer pushes back, our respected insurance dispute attorneys will be ready to hold them accountable. Here are some of the most common instances in which injury victims may need to file a claim with the insurance company:
Motor Vehicle Accidents
Many car accident victims require an insurance dispute attorney to help them recover maximum compensation from the insurer after a car crash, truck accident, motorcycle wreck, bus accident, rideshare accident, or any other type of collision. Florida is a no-fault insurance state, so most car accident victims must start off the claims process by filing a claim with their no-fault insurance policies.
Also known as personal injury protection (PIP) coverage, these claims are intended to compensate victims without regard to liability for the collision. Unfortunately, due to the limited limits for PIP, far too many car accident victims do not have enough coverage to pay for their expenses and losses in full. Those who do may still find the insurance company denies their claims.
Premises Liabilities
A premises liability accident is any type of accident that happens on someone else’s property. Most property owners have insurance coverage of some kind. For example, homeowners will have homeowners insurance coverage, renters will have renters insurance, and business owners will have general liability insurance coverage.
Whether victims are involved in slip and fall accidents, injured due to negligent security, or suffer severe injuries in a dog bite or attack, property owners can be held responsible and found liable when they fail to uphold their obligation to the guest’s safety and wellbeing. Our insurance company dispute lawyers are no strangers to these types of insurance claims pursuing the compensation they deserve to fairly compensate them for their losses.
How Insurance Claims Are Supposed to Work in FL
When a policyholder takes out an insurance policy, they believe they are protecting themselves from financial liability. In a perfect world, claimants would file claims, and the insurer would compensate the claimants accordingly. However, many injury victims find themselves in need of a dedicated insurance company dispute attorney when insurers get money-hungry and prioritize the company’s financial goals over the needs of the claimants. To protect themselves, it is important for injury victims to understand the intricacies of insurance claims and what to expect from the claims process.
What Insurance Covers
Our Florida insurance dispute lawyers recognize that insurance does not always cover every loss. Injury victims commonly believe that there is insurance available to compensate them fully for their damages. However, this is not the case.
This PIP insurance does not cover, however, non-economic damages such as the pain, aggravation and inconvenience that those hurt in a motor vehicle accident suffer, nor does it cover the repair of the vehicle or some of the other financial losses incurred after an accident. . Pursuing the appropriate insurance for a covered loss at the appropriate time, to obtain the best recovery possible under the circumstances involves an understanding and experience level that most lay people generally don’t have the knowledge or skill to navigate. Moreover, Insurers work to pay as little as possible in most cases (and certainly no more than the available policy limit) which means that a covered loss may not fully cover an injured person’s loss.
Bad Faith Insurance Tactics
Bad faith insurance tactics are far more common than most claimants realize. Getting help from a Florida insurance dispute lawyer is one of the best ways to fight back and show the insurance company how seriously victims take their claims. Some of the most common types of bad faith insurance tactics accident survivors should be aware of include:
- Failing to investigate the claim
- Failing to timely respond to the information provided under the circumstancesUnjustly denying a claimant’s claim
- Unfairly inducing claimants into accepting a settlement
- Bad faith now requires more than mere negligence or carelessness on the insurer’s part.
Anyone who believes their claims have been handled in bad faith may have grounds for legal action against the insurance company. Fortunately, our Florida insurance dispute attorneys are prepared to bring insurers to court when they refuse to compensate victims for their damages as they are contractually obligated to.
Challenging Shared Fault Claims
Do not be surprised if the insurer tries to escape their financial responsibilities by victim-blaming. Florida is a modified comparative negligence state with a 50% shared liability limit. Prior to 2023, the state followed pure comparative negligence laws, so there was no limit to the amount of blame a victim could carry while still recovering some compensation for their damages. For accidents occurring after the law changed, the insurer may be able to get away with putting more than half the blame on the accident victim, thereby avoiding paying out on the claim altogether. However, an experienced personal injury attorney can help fight back and refute these claims and prove the at fault party is more accountable than not.
Damages Injury Victims Can Recover in Their Insurance Dispute Casey
Working with a Florida insurance dispute attorney at Luhrsen Goldberg may be the most effective way to recover fair compensation from the insurance company. Remember, the insurer tries to reduce settlements. Here are some of the most common types of damages that could be recovered:
General Damages
General damages are also commonly known as non-economic damages. They do not have a monetary value, which can make them more difficult to quantify. Some examples of general damages our Florida insurance company dispute lawyers can demand for our clients include:
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Loss of consortium
- Inconvenience
- Loss of Enjoyment
- Anticipation and shock
Special Damages
An experienced Florida insurance company dispute lawyer with Luhrsen Goldberg can help injury victims and accident survivors maximize the special damages they recover through their insurance claims. Special damages include medical expenses, lost income, and property damages.
Punitive Damages
Punitive damages are unlike general and special damages, in that they are not compensatory, but instead are designed as suggested to punish behavior.. While not common, our Florida insurance company dispute attorneys inform our clients if punitive damages are likely to be awarded in their case. They are issued when the liable party’s actions are grossly negligent, abhorrent, or intentionally harmful.
While insurance policies do not generally cover punitive damages, in scenarios where there is punitive damage exposure, the involved insurance company faces should consider such exposure as part of their attempts to resolve a claim.
Get Help From Our Top-Rated Insurance Dispute Attorneys Today
Far too many insurance companies advertise themselves as being “on your side” or “like a good neighbor,” but when it comes down to it, insurance companies actively seek to pay as little as possible in most claims situations.
Contact our legal team to schedule a free, no-obligation consultation as soon as today by calling our office or filling out our convenient contact form.