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Florida Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Can anyone help?

My daughter was in a car accident. It was her fault. Geico was the insurance company. 4 years after the accident she gets served because she's being sued. Geico never paid the claim. She was taken to court with the insurance company. The plaintiffs were awarded 3 million dollars. A judgment... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 2, 2019

Your daughter appears to be judgment-proof. In other words, the judgment creditor probably can't collect its judgment other than against GEICO (to the policy limits).

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I hired insur. tree co. to cut a huge oak. Limb made 5 holes in roof. His insur co. deducted depreciation.

Is this legal? Offered me $4800k for roof, estimate was $12,000. Should I consult an attorney ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2019

So the estimate was #12 K and they say the roof was depreciated so that it was worth less than that? How much would it cost to install a new roof? Yes, see an attorney?

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Florida on
Q: State Farm Insurance Company, my carrier, two days after I was hit by a person DUI of drugs who hit me with a 5,000 lb

truck causing my car to roll over three times and land on its driver side an inch away from a house after going through a line of trees and a fence said that I was eligible for "expedited settlement" even though I wasn't ready to settle and did not ask to settle. I already have had 4... Read more »

Mitchell Feldman
Mitchell Feldman answered on Dec 12, 2018

The first thing I will say is of course you need counsel and her attorney and why if you are seriously injured he did not obtain representation is contrary to your best interest. Do not try to play lawyer with the insurance company or insurance companies and the other parties. If you were seriously... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Insurance Bad Faith for Florida on
Q: Is there any case law that would support a claim against a Homeowner's Insurer for personal injury of a disabled adult?

Hurricane Irma hit the home in Plant City, FL, Sept 2017. HOI denied coverage and the HO Insurer's civil engineer assured disabled insured that the home was "structurally sound." The disabled insured remained in the home, relying upon the assurance of the Civil Eng, and became... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 18, 2018

Possibly though a lot will depend on the duty owed by a contracting engineer especially if their scope was just structural, not enviornmental. Contact a member of the Fla Justice Association--they give free consults. Look for one that handles mold cases.

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Florida on
Q: I need to file personal injury suit against my insurance because was in auto accident hit by uninsured what form to file

I am 1 month away from 5 years limit. I have been to sick to do anything. There is a primary and secondary both stalling. Primary which has had case 2 months just made very low offer not even covering bills.

Then my secondary which is my insurer didn’t think it was worth much, so I told... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 18, 2018

You should have contacted a member of the Florida Justice Association. They give free consults.

I can't give you legal advice on Florida pleadings but one way would be to go to your county court law library, ask them to help you look up a recent case involving uninsured motorist law,...
Read more »

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I feel like my insurance company is reading the terms of its contract in an unreasonable way when the language seems

super straightforward to me. What can I do to fight them?

Tim Akpinar
Tim Akpinar answered on Oct 5, 2018

I do not practice in Florida, but your question remains unanswered for three weeks. The facts here don’t indicate whether this is an auto, homeowner, or other type of claim. If the insurance carrier has issued a denial, you could show it to an attorney, together with all your information about... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Does the insurance co of other driver required to tell me their insurance was lapsed when I’m filing a claim with them?

I called to report the accident through the other driver that ran a red light and hit me. Called my ins and then called the other driver. They told me their driver has not filed a claim yet and asked what happen. No where in there during the entire conversation did they say his ins lapsed and he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 29, 2018

Did the insurance company tell you to go to the $1K/ visit doctor?

2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: Rear ended on the hwy in Florida totaled car/Insurance wants to pay 5dys rental/plus car.What are we owed?! It's 21days?

Hi on Aug 1 my husband was driving our Unregistered but insured in California SUV on the hwy in Florida when we got rear ended by a careless driver/Police report. We have major bumper damage as well as frame etc.I was taken to the hospital by ambulance/checked out and released..Insurance delayed... Read more »

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Aug 21, 2018

Feel free to contact our Miami Location at 305 405-5372 and ask for Sarah or Kathryn, I believe they can discuss potential further options for you.

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1 Answer | Asked in Workers' Compensation, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Q: Workers Comp case Nurse Wants To Go in with me to my appointed Doctor's Appointment. Is she allowed?

Injured 2 years ago and still receiving treatment and therapy. I have a followup appointment with the doctor and the assign case nurse called me telling me she was going to be with me on my next followup appointment. Is this someting they could do?

Anna Katherine Stone
Anna Katherine Stone answered on Jul 25, 2018

Workers' Comp can assign a Nurse Case Manager to your file. We refer to them as the NCM. The NCM can meet with your doctors with or without you present. However, as a matter of practice, I send a letter to the carrier and NCM (if one is assigned) advising them I represent the claimant and... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Someone told me I could go after a person's homeowner's

insurance if they fell on me at a concert and i broke my leg - is that true?

Stephen Arnold Black
Stephen Arnold Black answered on Jun 15, 2018

Yes, it is possible. Discuss with counsel about bringing a lawsuit against the homeowner.

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Florida on
Q: My nephew purchased a motorcycle and recently was in a crash with it .

My nephew was riding cycle home and a deer jumped out in front of him and he stuck it and recieved so severe injuries from the crash. The insurance company and tag office registered the vehicle.Now the insurance company said the cycle came up stolen and refused to pay for crash he now has... Read more »

Drew Bruner
Drew Bruner answered on May 25, 2018

It sounds like your son received some very serious injuries as a result of this unfortunate accident. Although it may be difficult to recover damages from an insurance carrier in this specific fact set, it is important to contact an attorney whenever a carrier has decided to void coverage (in this... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: What's the penalty for filing a false insurance claim (for a car accident) in Florida?
Alex McClure
Alex McClure answered on Apr 12, 2018

This is a question more appropriately posed in the criminal law section.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Am I able to appeal an arbitration award? No one will answer my question from the insurance company.
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 6, 2018

Look at your arbitration agreement or other document calling for arbitration. And then run it by an attorney.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: How long is it supposed to take an auto insurer to review your claim after an accident? It has been a month.
Christian K. Lassen
Christian K. Lassen answered on Apr 2, 2018

You didn't post whether your company or other driver's company

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Florida on
Q: Paid insurance down $3700 then canceled. Financing want $1300 more. Broker won't refund.

Agent won't communicate with me because I cancelled.

Andy Wayne Williamson
Andy Wayne Williamson answered on Feb 22, 2018

There is not enough facts to give any real answer. You need to consult with an attorney in your area to see what can be done in this case. The first step will be for the attorney to review the paperwork you signed to determine what effect the cancellation has on the contract. Typically they must... Read more »

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Florida on
Q: My old car (No collision Ins.) was badly damaged by another driver, I can document every penny I spent on that car,

Can I recoup recent maintenance expenses? I would prefer my car be repaired rather than totaled. (Florida)

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 21, 2018

Did you make a claim with the other driver's insurance company? Normally, they will pay no more than the "total" value of your car (what is meant by a car being totaled). So if your car's total value is paid, there would be no more due you for what you had paid in maintenance.

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2 Answers | Asked in Car Accidents, Insurance Bad Faith, Libel & Slander and Consumer Law for Florida on
Q: My ex girlfriend who only co-signed is claiming she can just take my car for free after I put 25k in payments I can not

I have been paying 360 a month for 3 years and 12k down payment she has not put a dime into this car. Can she just come with police and take it or is there anything I can do from preventing this.she does not deserve a free car

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 12, 2018

Not unless her name is on the title.

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for Florida on
Q: I have car insurance and was driving for Uber until I’ve been told I need commercial insurance. Uber insures my car for

100.000 when app is on and 1 million when someone is in car. The only time I use my insurance driving home. Why would I need to be insurance commercial. And what would happen if I did drive as is

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2017

The short answer is that you need commercial coverage if Uber requires it.

1 Answer | Asked in Contracts, Car Accidents and Insurance Bad Faith for Florida on
Q: Can I sue an insurance company for lack of payment?

Someone crashed into me back in June. The person's insurance company accepted the fault. They took forever to mail the check to my lien holder, and when they finally did the check came back as NSF. I've been contacting both my lien holder and the person's insurance company and the... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Oct 26, 2017

You can only sue the owner and driver of the vehicle. You do. It have a right or Legal ability to sue the insurance company. If you are saying that an insurance company issued a check which returned for insufficient funds you should contact the Florida Insurance commissioners office. That Office... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Florida on
Q: Who is responsible for towing charges following an accident in State of Florida? If at fault driver has no insurance?

The owner of the vehicle had insurance PIP coverage. The police called the wrecker and had car towed to a place they contract with and owners insurance did not pay bill and did not send notice or letter to owner. Owner when to renew license and told lien from accident had to be paid. They... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Oct 16, 2017

typically you are responsible for your own towing. if the at fault driver has no insurance at all if am hoping have uninsured motorist coverage, if not you may be getting the bill on this one yourself. I suggest that you consult with a personal injury attorney in your area. While you may not... Read more »

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