Now that fixes are being offered by legislators when it comes to bad faith insurance claims [http://goo.gl/CQYfMw], it is time for Florida residents to learn more about how they can protect themselves going forward. Can you believe that the costs of bad faith cases have risen into the billions [http://goo.gl/tbbSXJ]?
Knowing how to win is important and this is where a car accident attorney in Florida can help. A car accident attorney from the Jupiter, Boca Raton or Orlando region already has the experience necessary. The best way to understand this process is by looking at the two different types of bad faith claims.
First Party and Third Party
These claims are typically brought about for different reasons. When a first party claim takes place, this is because the insurer is refusing to investigate a legitimate claim. These claims are supposed to payout directly to the party that is insured. Let’s say that a Florida resident experiences storm damage to their residence that is supposed to be covered and the insurer won’t provide a payout.
This is a prime example of a first party claim.Meanwhile, third party claims tend to come with far more complexity. A policyholder will buy insurance to keep themselves protected against liability claims that are made by a third party. When these claims are made in bad faith, a car accident attorney may be forced to intervene.
If a motorist is struck during an accident that is taking place through no fault of their own, they may be entitled to damages. When the car insurer is not willing to handle the claim in a timely manner, this is a sure sign that a bad faith case needs to be filed.
Florida’s Insurance Laws
Fortunately for the claimant, the laws in the state of Florida offer a clear definition of what constitutes a bad faith insurance claim. If an application has been altered without the claimant’s knowledge,this can be used against the insurer in court. Any misrepresentation of the client’s claim and/or failure to investigate in a timely manner will also fall under the category of a bad faith insurance claim.
If the claimant is not receiving the necessary communication from their insurer in a timely manner, this must be discussed in court as well. The claimant must also be presented with all of the information that they need to pursue their claim in a timely manner. Failure to provide this information is a punishable offense. If a claim is denied, the client needs to receive written documentation that provides further insight as to why or the insurer may face legal consequences. Having an experienced attorney by your side for a lawsuit of this magnitude is one of the best ways to ensure a desirable outcome.