In most Florida car accident cases, one or more of the parties involved will file a claim with an insurance company, seeking compensation for the injuries they sustained in the accident. In many cases, after an accident, it is an at-fault driver’s insurance company – rather than the driver themselves – that ends up compensating the accident victim for their injuries.
An insurance policy is essentially just a contract between the insurance company and the insured, whereby the insurance company agrees to cover certain costs that are incurred in the event of an accident. As with all contracts, both parties have certain obligations and rights. For example, the insured’s main obligation is to pay the monthly premium, and in exchange, the insurance company agrees to provide the insurance contained in the policy.
There are often, however, terms that give rise to additional obligations on the insured’s part. For example, most insurance policies require that notice be given to the company in the event of an accident that may result in a claim being filed against the policy. In a recent case, a court had to determine whether a plaintiff’s failure to provide immediate notice violated a term of the contract and, if so, whether her claim should be dismissed as a result.