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Florida Insurance Defense Questions & Answers
3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 6, 2023

I agree with Mr. Black's answer. I don't agree with Mr. Selik's answer regarding the need to pay $$ to an independent attorney to supervise the insurance company and their attorney, unless there is some indication that they are not doing right by you. Your insurance company has... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 6, 2023

While it is possible they can go after your personal assets it is unlikely. Your insurance will cover you. Get your own attorney just to supervise the insurance company and insurance defense attorney to make sure you are protected.

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 6, 2023

If you and your husband are living together under the same roof, even though the car is registered in your name, he should also be an co-insured under the same insurance policy. Turn over any summons that you get from the accident victims lawyer to your insurance carrier, and they should provide a... View More

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1 Answer | Asked in Consumer Law and Insurance Defense for Florida on
Q: I have a check from my homeowners insurance for $8000 to replace my roof. Do I have to use it to replace my roof?

I am really not planning on doing that but I am behind in my mortgage and could use some of it for debt purposes. Otherwise I would like to know if I can deposit it and hold onto it because I cannot meet the financial obligation to meet a deductible of $4,000

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2023

A Florida attorney could advise best, but your question remains open for four weeks. Until you're able to discuss with a local attorney for definitive and state-specific guidance based on applicable insurance laws, in general nationwide, insurance carriers might not bother to enforce that... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: What can I do if my GAP insurance doesnt want to Cover my Balance after car accident

I recently obtained a car from a dealer in Miami Florida everything worked out and I got a loan approval from chase auto financing. It included GAP as per the dealer Chase wouldn’t provide me a loan without it. So that was on 1/2/23 of the year. I only drove the car for about a month or so and on... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

You can file a lawsuit for breach of contract or for declaratory relief against both Progressive and Dealer Protection Loyalty. I'd sue both because the GAP company may be right and Progressive may have undervalued what it should have paid.

When you're talking about only $7,208,...
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2 Answers | Asked in Personal Injury and Insurance Defense for Florida on
Q: Over 2 years ago my daughter had a friend over and they explored the attic even though told not to. Friend fell.

The friend fell through some dry wall. No injury claimed then but now mother of friend wants our insurance info from that time to file a claim. What should we do to protect ourselves? This is in Florida.

Charles M.  Baron
Charles M. Baron
answered on Apr 13, 2023

I agree with Mr. Thorgaard, but you should also inquire, in a friendly way, as to what the injury issue is. Was she physically injured, and if so, what are the injuries, medical diagnoses and treatment, and at which medical offices? And why is the issue surfacing only after 2 years? And is there... View More

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1 Answer | Asked in Car Accidents and Insurance Defense for Florida on
Q: What can my parents do protect him and themselves since the car is in their name and they provide insurance?

My little brother just got his license was already involved in a hit and run. The other driver took off before the cops were contacted and a report was never made because my brother panicked and he also left the scene of the accident. The damages are estimated to be around $2000.

Charles M.  Baron
Charles M. Baron
answered on Mar 20, 2023

[Re-posting due to typo in prior post] You need to clarify your inquiry regarding "took off before the cops were contacted". Someone called 911 and gave identifying info, and then both drivers fled? Or the police were never called? The drivers can ID each other, or not? If no one... View More

1 Answer | Asked in Insurance Defense and Personal Injury for Florida on
Q: Would the HOA’s insurance in the condo that I own a rental refund me if I paid for the damages done by hurricane Ian?

My rental was damaged by hurricane Ian and I had renters living there and decided to break the lease because of the damages and I started arranging to have the inner walls fixed and paid upfront $5000, however after the fact the Condo HOA informed me that their insurance will cover the inside... View More

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2022

A Florida attorney could answer best, but your question remains open for two weeks. They might not be dodging your question - they simply might not know. In these settings, it isn't in the policyholder's (your HOA) hands. It's up to the insurance carrier. Some carriers want their... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Health Insurance deny my claim stating is out of network but paid previously a claim ?

Please help ? My insurance processed a wellness claim at a different location of a hospital with the same name. Later, I received a referral for a specialist and had sonograms at the same hospital but in a different location. Despite being labeled as an out-of-network service by my insurance, the... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

Only a Florida attorney could advise, as a good portion of insurance and consumer laws are governed by state provisions. But your question remains open for three weeks. Until you're able to consult with a local attorney, you could check the backsides of any denials or EOBs - they sometimes... View More

1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Q: Physician orders require me to visit family to overcome depression. My LTC insurance deducts from my benefits. Legal?

Insurance provider says my policy only pays my custodial care if I am physically in my facility. I can visit my family but they deduct for each day I am away which is 4 days per month. i.e. $1,200 per month.

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2023

This issue likely depends on the language of your insurance policy. First, ask the insurance co. to tell you which specific section of the policy applies. Then, to be certain of your rights, consult an elder law attorney.

1 Answer | Asked in Insurance Defense for Florida on
Q: Can a repo company file an insurance claim on a repossessed vehicle

Car was repossessed and now the repo company is trying to file an insurance claim on the vehicle after it has already been taken off of the insurance.

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Florida attorney could advise best, but your question remains open for a month. It could depend on how the insurance company handles it, but the short answer, without further details, is that most carriers generally limit the coverage to claims from assureds while a policy is in full force and... View More

1 Answer | Asked in Consumer Law and Insurance Defense for Florida on
Q: I have final settlement check for my hurricane damage. The final check was not given to me by my own lawyer.

continued.. How can I demand the check. No explanation was given to me and no answer was provided to me when I signed and completed settlement paper. No settlement check was given to me. My house was fixed but there's still pending check due to me that was not given to me by my own lawyer.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

Your post is not very clear. Apparently, your attorney hasn't responded to your communications. If you have the check, it's made out to you and your attorney, and your attorney endorsed it, there should be no problem with your depositing or cashing it.

1 Answer | Asked in Products Liability, Traffic Tickets, Insurance Bad Faith and Insurance Defense for Florida on
Q: I recently purchased a 2021 BMW X5. They didn't disclose vital information to me

I told the car lot I was specifically looking for a car for my wife that had the front end collision prevention all the safety features available.

They showed me the X5 told me the vehicle would automatically apply the brakes if its getting too close to an object/person ran out. This was... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry to hear about your problems. Sounds like you need a product liability attorney. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

1 Answer | Asked in Insurance Defense and Consumer Law for Florida on
Q: Does New Jersey Automobile Full Insurance Underwriting Association still exist?
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2023

There is an entity named "New Jersey Insurance Underwriting Association."

Here is their web address: https://portal.njiua.org/

1 Answer | Asked in Car Accidents and Insurance Defense for Florida on
Q: Involved in car accident on March 08, 2021 &didn’t have car insurance. I was at fault both vehicles were totaled .other

Involved in car accident on March 08, 2021 &didn’t have car insurance. I was at fault both vehicles were totaled .other driver had a sprained toe &I had my head split open. Received notice that my license is suspended i owe 29k in property damage. for me to get my license back I have to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2023

Contact an insurance company and ask them about obtaining specialized insurance to cover this situation. The suspension notice you received should refer to such option.

1 Answer | Asked in Insurance Defense for Florida on
Q: Is the public adjuster representing me obligated to share with me the negotiation he is doing with the insurance co?

The public adjuster that I hired to do the negotiations with the insurance company is not sharing any information regarding the negotiations with me. He does not answer my calls, or emails. Seems like they are in active negotiations. But the insurance company does not share the information with me... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2023

A Florida attorney could advise best, but your question remains open for a month. As a general matter nationwide, the public adjustor's role is assessing claims, determining repair costs, coordinating communications, and related functions in furtherance of resolving claims. Since insurance... View More

1 Answer | Asked in Insurance Defense for Florida on
Q: If I have a renters insurance policy through progressive and an E-Bike insurance policy through Velosurance and...

...something happened to the E-bikes, like theft or damage covered by both policies. Can I claim the E-bikes on both policies?

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2023

A Florida attorney could advise best, but your question remains open for four weeks. Until you're able to consult with a local attorney on Florida-specific rules, the general principle applied in insurance claims nationwide is that one can't get paid twice for the same loss from separate... View More

2 Answers | Asked in Car Accidents and Insurance Defense for Florida on
Q: If I’m getting sued should I pay off my car if I have the money? Car insurance won’t settle with person from accident

I rear ended someone and my insurance hasn’t settled the claim so I’m going to get sued

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2023

If and when you actually get sued, notify the insurance carrier of the lawsuit; they are required to hire an attorney to represent you, and pay any resulting judgment (up to the policy limits).

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1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: How am I supposed to respond to a car crash complaint filed against me with interrogatories when I have insurance?

A complaint from a person in a car crash was filed against me with many interrogatories and questions for me to answer, and they asked that I respond to them. However, my insurance claims representative told me to not worry about anything and that they will handle everything and ask me for help if... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Sep 4, 2022

It seems that you are being sued by the other person involved in the auto accident. In that case, your car insurance will represent you by hiring an attorney, if they haven't done so already. The attorney should reach out to you to discuss the accident, so they know how to answer the complaint... View More

3 Answers | Asked in Insurance Defense, Family Law and Education Law for Florida on
Q: I submitted paper work to claim a life insurance that my mom left me. There is a problem with her last name.

She died in PR im in FL. They are asking for a notarized form that says that she is the same person due to different last names. Im in FL the company is in PR. What can I do? Please help. Thanks!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2022

I don't understand your problem. Fill out the form, sign it before a Florida notary public, and mail it to the insurance company.

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