How Long Does an Insurance Company Have to Settle a Claim in Florida?

How Long Does an Insurance Company Have to Settle a Claim in Florida?

RRBHLAWZENblogInsurance Litigation, Vehicle Accidents

How long does an insurance company have to settle a claim in Florida? To answer this question, we will need to examine a few different types of car insurance. When you get hurt in a car accident, the last thing you should have to worry about is money. Yet, as bills pile up and weeks of missed work go by because of the severity of their injuries, money is often the biggest problem for victims of negligent drivers. When you are injured and in need, it seems that financial help cannot get there soon enough. If you have been in a car accident in Florida, you are probably wondering how long the insurance company has to settle your claim. Here are a few things you need to know. How Long Does an Insurance Company Have to Settle a Claim in Florida? The answer to this question depends, in part, on the type of insurance policy you are filing a claim against. In Florida, we have no-fault insurance laws that allow drivers to file claims against their own personal injury protection (PIP) policy, which by law has a minimum of $10,000 of coverage. While the timeframe that policyholders can expect to …

Why Do T-Bone Car Accidents Have the Most Injuries? The Answer Is Simple and Devastating

Why Do T-Bone Car Accidents Have the Most Injuries? The Answer Is Simple and Devastating

RRBHLAWZENblogInsurance Litigation, Vehicle Accidents

T-bone car accidents are notorious for causing severe injuries. Why does this particular type of car accident cause injuries that are so traumatic? The answer is twofold, and it is devastating: T-bone accidents usually occur at high speeds because they usually happen when one car is trying to beat a red light at an intersection. The angle of many T-bone car accidents directly impacts passengers in the other car. T-bone accidents leave little between the passenger and the significant force of the at-fault driver’s car. If the imagery this description evokes is disturbing, it’s for the best—no one should ever have to experience such an accident. Unfortunately, many people do, and they suffer the consequences—financially as well as physically—for years to come. Some suffer for the rest of their lives. Common Injuries After T-Bone Car Accidents Due to the severity of these accidents, it’s important to know what types of injuries to look out for should you ever experience one. While some severe injuries are easy to identify, some may only appear days or weeks after the accident. Here are some of the most common. Head Injuries Traumatic brain injuries are a common effect of car accidents, especially T-bone car …

Should I Sue or Settle My Car Accident Injury Claim? Here Are the Advantages of Each

Should I Sue or Settle My Car Accident Injury Claim? Here Are the Advantages of Each

RRBHLAWZENblogInsurance Litigation, Personal Injury Lawyer Florida, Vehicle Accidents

If you have been in an automobile accident, you may be wondering if you file a lawsuit or settle your car accident injury claim. While the best choice for you depends on the details of your case, each avenue has advantages. Allow us to break it down for you. Imagine you are in the hospital with a serious injury because another driver decided that the rules of the road did not apply to them. Maybe you don’t need to imagine. The good news is that, even if you decide that you need to file a lawsuit to cover your injuries and related costs, most of the time people settle out of court. Whether you are suing the insurance company or the driver responsible for your pain and suffering, here are a few things you should know about this critical decision. Advantages of Settling Before Going to Court Settling your car accident injury claim before filing a lawsuit has certain advantages. For instance, if you need money fast to cover your bills, settling can get you the cash you need. If you decide not to file a lawsuit, you can also avoid attending multiple lengthy court appearances over several months. One …

hands fixing a pipe for property insurance

Citizens Property Insurance Corporation’s Managed Repair Program Shortchanges Homeowners

RRBHLAWZENblogInsurance Litigation, Property Insurance

Has your home been damaged by water? If you have a homeowners insurance policy under Citizens Property Insurance Corporation’s Managed Repair Program, you might not be able to choose who does repairs. Since 2017, Citizens Property Insurance Corporation has been encouraging its policyholders towards a new program designed to handle claims for water damage stemming from sources other than storms. The reason this program is necessary, the not-for-profit government entity claims, is that non-storm water damage claims are driving up insurance rates and claims abuses by independent contractors are to blame. While it is true that some claims abuses do occur, the Managed Repair Program takes power away from policyholders. Here’s what you should know. What Is a Managed Repair Program? Check Your Homeowners Insurance Policy To summarize, managed repair programs are special homeowners insurance programs that encourage policyholders to use a contractor chosen by the insurance company to make repairs. According to the Citizens website, their program “offers valuable services to customers with eligible policies whose homes have been damaged by water not caused by weather.” The services that the company offers to new and renewal homeowner (HO-3) and dwelling property 3 (DP-3) policyholders include emergency water removal and …

Sign in flood waters Hurricane Insurance Claim

These 4 Steps Could Help You Get the Most from Your Hurricane Insurance Claim

RRBHLAWZENHomeowners' Insurance, Hurricane damage, Insurance Litigation, Property Insurance

No one knows when the next big hurricane is going to hit, so it is impossible to predict when you will need to file a hurricane insurance claim. Understanding the steps that you need to take after your home or property is damaged will not only help to speed along recovery time—it can also lead to a bigger claim check. Hurricane claims are some of the most stressful to file considering the devastation that can occur. Furthermore, your insurance company is likely to be overwhelmed by claims, which can slow recovery times. In many cases, the amount people receive from their insurance is less than they deserve, so when you know how to move forward, you are less likely to be taken advantage of by the insurance company. Many of the provisions included in a typical insurance policy are confusing, and it can be difficult to tell what your policy actually covers. To prepare for a worst-case scenario in which you have to file a hurricane insurance claim, you should review your insurance policy, if possible, with the help of an attorney. Which brings us to the first step you should take after a hurricane damages your property. Call Your …

negligent security lawyer

Negligent Security Lawyer: Can I Sue My Landlord for My Assault?

RRBHLAWZENblogInsurance Litigation, Personal Injury Lawyer Florida, Property Insurance

Were you assaulted in your apartment or place of business? A negligent security lawyer may be able to help you receive the compensation you deserve. Here is everything you need to know about negligent security lawsuits in Florida. According to the Florida Department of Law Enforcement, over 81,000 violent crimes took place in the state in 2019. These crimes range from simple assaults and robberies to more extreme cases involving sexual assault and homicide. If you are the victim of a violent crime while on someone else’s property, you may be able to file a negligent security lawsuit against the property owner to recover damages. Here’s what you should know. What Does Negligent Security Mean? Property owners have a duty to ensure the safety of others who set foot on their property. When they fail to provide adequate protection and that failure results in a violent crime, the property owner can be held liable in civil court. A negligent security lawsuit is a premises liability claim that allows victims to receive compensation for any physical and emotional injuries they sustain. Who Can I Hold Liable Under Florida Law? Under Florida law, plaintiffs can seek damages from many groups. Landlords, property …

roof tiles before roof insurance claim process

How Does the Roof Insurance Claim Process Work? 5 Things to Know When Filing

RRBHLAWZENblogHomeowners' Insurance, Hurricane damage, Insurance Litigation

As most Floridians know by now, the 2020 Atlantic hurricane season is going to be a busy one. Hurricane Isaias, though only a Category 1 hurricane, caused widespread damage to homes across the east coast. One of the most common types of damage that can happen to a home during a hurricane is roof damage, which begs the question for homeowners: How does the roof insurance claim process work? When you file a claim, these five things are good to know. Making a Claim with Your Insurance After a storm damages your roof, the first thing you probably think you need to do is contact your insurance. While you do not want to procrastinate when filing a claim, it is in your best interest to consult with a property insurance attorney to make sure you are protected. Many insurance companies, to avoid losing revenue, will deny or underpay claims, sometimes in bad faith. When you have an attorney from the start of the process, you can ensure that they will take your claim seriously. Make Temporary Repairs Repairs take time, but you cannot wait to protect your home from suffering more damage from the elements. Be sure to document the …

pedestrian accident lawyer

What Does a Pedestrian Accident Lawyer Do?

RRBHLAWZENblogInsurance Litigation, Personal Injury Lawyer Florida

The little man on the sign turns on, so you start walking across the crosswalk when—BAM!—you find yourself spread across the hood of some guy’s car. He’s just as shocked as you, by the look on his face. You never thought you would need a pedestrian accident lawyer, but here you are, in pain, more pain than you thought possible. Despite the pain, the first thought that pops into your head is, “This is going to cost a lot.” Probably more than you can afford. Good thing you and the at-fault driver have insurance. The question is, do you know how to get the most out of that insurance? Do you know how to get what you need for your injuries? What about pain and suffering? You think you can just file a claim and the insurance company—a for-profit company with a bottom line—is just going to hand over a fair settlement? If you weren’t in so much pain right now, you might get laughed at. If you are not sure whether you need to hire a pedestrian accident lawyer, there are some critical things that we do to help our clients that you should know about. Here’s what we …

Should I Try to Handle My Accident Claim without a Car Insurance Attorney?

RRBHLAWZENInsurance Litigation, Personal Injury Lawyer Florida, Vehicle Accidents

For many car accident insurance claims, you should be able to go through the filing process without a problem, even if you do not consult with or hire a car insurance attorney, as long as the car insurance company acts in good faith. However, if you sustained injuries or someone close to you died as a result of an accident, your best course of action is to find an attorney you can trust to get you the justice you deserve. Here are four other reasons you should hire an attorney to take care of your claim. Your Policy Limits Might Not Be Enough to Cover Your Injuries In Florida, we operate as a no-fault insurance state, which means that each driver first must file a claim with their own insurance. While being a no-fault state makes accidents that do not result in injury or significant damage easier to handle, it also has drawbacks. For instance, when the cost of damages exceeds your insurance policy’s limits, things can get complicated. With multiple insurance policies in play and several parties trying to protect their interests, it is best to let a professional who knows how to navigate such a complex situation handle …

Miami Attorney Wins Decision on Insurance Policy Following Irma Damage

RRBHLAWZENInsurance Litigation

Daniel J. Rodriguez of RRBH Law in Miami recently won a decision for two of his clients that helped them get the award they sought from their homeowners’ insurance provider. When Lazaraly Guzman and Larry Rosado’s dwelling was damaged by Hurricane Irma in 2017, they notified their insurance provider, American Security Insurance, Co., and filed a claim. Both Parties Disagreed on Damage Costs From the start, the insureds and representatives of the insurance company could not agree on the cost of the damage from the storm, so Guzman and Rosado started the litigation process. When both parties agreed to an appraisal per the insurance policy’s instructions, the court stayed the case until an award was issued. After both parties failed to agree on a neutral umpire for the appraisal, the court appointed Lawrence Leiby to oversee the appraisal. The disagreement centered on an email exchange between the appraisers for each party and Leiby. Leiby initially circulated an award amount of $121,800 to both parties’ appraisers. Court documents allege that the appraiser representing American Security Insurance, Co. objected to the amount and asked for an itemized list that detailed the damage. Leiby then sent a revised figure to both parties: $90, …

hurricane irma claim nearing an end

Hurricane Irma Claim: The Window to File Is Closing

RRBHLAWZENBusiness Interruption, Homeowners' Insurance, Hurricane damage, Insurance Litigation

Hurricane Irma resulted in over 838,000 residential property insurance claims. And although the storm that devastated the entire state of Florida occurred in September of 2017, it is still possible to file a claim. Damage from the hurricane has totaled nearly $50 billion. And some Florida homeowners still have not had their Hurricane Irma claims settled—roughly 7 percent, to be exact.   According to this Florida statute, affected parties must file a claim with their insurance company within 3 years of the date the hurricane made landfall. Hurricane Irma made landfall in Florida on September 10, 2017, which gives policyholders until September 9, 2020 to file.   Don’t let the fear of a denial stop you from submitting a Hurricane Irma claim It’s common for homeowners to feel as though their claim will be denied. Horror stories of dealing with insurance companies are always talking points for aggravated policyholders. And with exposure via social media to an even broader group of angry individuals whose claims have gone denied, the stigma grows even greater. Fear of a denial holds many policyholders back from filing in the first place. This is especially true during hurricane season, when deductibles are higher. As the holder …

Sun shining through clouds in Miami

Mold in the Home: Will Insurance Pay for This Health Hazard?

RRBHLAWZENHomeowners' Insurance, Insurance Litigation, Property Insurance

In mid-September of last year, southern Florida experienced the power that remained of Hurricane Irma. Though only a category 2 hurricane when it made landfall in the contiguous United States, the damage that the storm caused reached over $50 billion and cost 90 people their lives. Irma has long since dissipated, her wreckage cleared, but she has left many people to deal with a serious health risk: mold in the home. Many in Florida will be feeling the effects—possibly for years to come, if Hurricane Katrina was any indication—of the mold spores that implanted themselves in the drywall, carpet, and wood of countless homes and businesses. These spores remain like a memory of Irma’s damage. What this means for homeowners is that if left unchecked, mold can take over and make a home uninhabitable. And that means fixing the problem is of the utmost importance. So how will you pay to fix your mold in the home problem? Let’s take a look at, first, why it is such a serious issue, and then, what to do if your insurance provider denies your claim. Why Mold in the Home is Serious There are many strains of mold, some extremely toxic and …

storm damage

Assignment of Benefits Reform: Why Homeowners Are in Trouble

RRBHLAWZENHomeowners' Insurance, Insurance Litigation, Property Insurance

The new assignment of benefits, or AOB, reform could seriously restrict homeowners, their options, and, more importantly, their out-of-pocket costs for property repairs. Hurricane season in Florida. It’s the only thing anyone thinks of when they think of disasters that can occur in The Sunshine State. Many of our friends up north assume our homeowner’s insurance policies are through the roof due to the chance of our homes being picked up and taken away like The Wizard of Oz. For some they are, though not for reasons as severe as the iconic movie depicts. It is true. Hurricanes do decimate many of our beloved cities and cause levels of preparedness not seen in other parts of the country. But there are additional methods of property destruction that frequently occur as well. Cast iron pipe corrosion causing pipe bursts King tides flooding our properties Wind damage to windows, roofs, and pool enclosures In recent years, we have all seen the onslaught of contractors banging on doors and ringing phones to try to win the repair jobs. And while there’s nothing wrong with contractors getting work done—and getting it done quickly—insurance companies are not happy. What is an assignment of benefit, or …

proof of loss form

What Is a Proof of Loss Form? Some Advice on This Critical Document

RRBHLAWZENblogHomeowners' Insurance, Insurance Litigation

When you file a claim for a loss, your insurance provider will often require that you complete a document called a Proof of Loss form. This document details the damages that you intend to claim. It is usually one page long, though sometimes it may come with attachments. On the form, you will need to provide specific information that the insurance provider asks you to provide, including the time and date that the loss occurred, the type of loss, your policy limits, and what damages you are seeking. Some Proof of Loss forms may allow, or even require, you to provide any damage estimates to support your claim. You will need to fill out the form completely, get it notarized, and send it back to the company within the deadline your insurance company provides. Usually, you must complete it within 60 days. How to Fill Out Your Proof of Loss Form First, you will need a copy of your insurance policy. Your policy will tell you what you must include in your Proof of Loss, however, in most instances, it will require the following: Your coverage amounts at the time of the loss The date the loss occurred The cause …

bad faith claim in florida

Bad Faith Claim in Florida: How Can I Pursue Legal Action?

RRBHLAWZENblogHomeowners' Insurance, Insurance Litigation

When you have a policy with an insurance company and you file a claim, you expect them to keep their end of the bargain. In fact, it’s a violation of Florida state law for an insurance company to deny coverage without cause. The insurance company is supposed to act in good faith with its policyholders. Yet bad faith insurance practices still occur all the time. What happens if you are the victim of an insurance provider’s bad faith practices? One option that you have is to file a bad faith claim in Florida so that you stand a chance to see the money that you are owed. Bad Faith Insurance Practices Insurance companies can act in bad faith in many different ways. The first, known as a wrongful denial of benefits, occurs when a company fails to pay the policyholder as laid out in the policy. But denying a payment isn’t the only bad faith practice that an insurance company can be guilty of. Other examples of bad faith practices include: Failing to conduct an adequate investigation of your claim Failing to reply to a claim promptly with a denial or a settlement Delaying payment Offering less money than the …