Insurance coverage is a critical resource to motorists and provides many financial protections to those who suffer injuries in a Florida car accident. While insurance companies tout the benefits of their plans to consumers, they simultaneously operate to protect their own financial interests. These for-profit companies have a vested interest in maintaining their financial standing, and they often do so by wrongfully denying personal injury claims. Florida accident victims may face an uphill battle with their dealings with insurance companies. Attorneys play a crucial role in ensuring that injury victims overcome these hurdles and recover the damages they deserve.
There are many ways that insurance companies avoid paying out rightfully due payments to consumers. Although Florida is a no-fault state and injury victims submit claims to their own insurance company, the payments rarely cover the extent of a policyholder’s losses. Typically, claimants only receive around 80% of the total cost of their medical expenses, and the coverage does not include pain and suffering damages. Further, insurance companies may focus on a victim’s pre-existing medical condition to show that the accident is not responsible for the claimant’s injuries. Insurance companies contesting coverage will go as far as to question the claimant’s credibility and elicit evidence to show that the victim is not suffering as much as they say they are.
Although all of these tactics pose issues to clients, the most complex issues arise when insurance companies establish procedural mistakes that may reduce or eliminate a claimant’s damages. Florida Rules of Civil Procedure are a complicated set of procedural and substantive rules that require a thorough understanding of the law. Insurance companies may deny liability by pointing to the statute of limitations, jurisdiction and venue issues, and insufficient notice and pleadings. Courts may dismiss all or part of a victim’s claims because of a single error with any of these requirements.
For instance, a Florida court recently issued an opinion in a complex consolidated appeal of a claim involving injuries a woman suffered in a car accident. The case included an insurance company, the at-fault driver, the car’s owner, and the minor victim’s parents. Although there were various claims, the insurance company’s coverage denial and failure to defend the claim were the primary issues. The lawsuit encompassed convoluted issues involving liability coverage, supplementary payments, and civil procedure rules concerning joinder. Ultimately, the court found that the insurance company was improperly joined as a defendant because the policyholders denied bodily injury coverage.
Have You Suffered Injuries in a Florida Accident?
If you or someone you know has suffered injuries in a Florida motor vehicle accident, contact the attorneys at Friedman Rodman Frank & Estrada to discuss your rights and remedies. The experienced attorneys at our law firm understand the overwhelming complexity that these cases can pose to injury victims. We use our skills, resources, and training to ensure that our clients recover the damages that the law entitles them. Our office handles Florida accident cases involving motor vehicles, defective products, premises liability, and medical neglect. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney at our firm.