Personal Injury
Insurance Claims After an Accident in Florida
Dealing With Insurance Companies, Recorded Statements & Coverage Disputes
Dealing with an insurance company after a serious accident is rarely straightforward. Adjusters are trained to minimize payouts, and the tactics they use — recorded statements, quick settlement offers, and coverage disputes — can significantly reduce your recovery if you are not careful. Understanding your rights and the claims process can make a substantial difference in the outcome of your case.
Should I Give the Insurance Company a Recorded Statement?
No. You are not required to give a recorded statement to the other driver's insurance company, and doing so before consulting an attorney can harm your case. Insurance adjusters are trained to ask questions in ways that minimize the company's liability. Even statements that seem harmless can be used against you later. You may have a contractual obligation to cooperate with your own insurer — but even then, you have the right to consult an attorney before giving a statement. Contact an attorney before giving any recorded statement.
Quick Settlement Offers
Insurance companies sometimes make quick settlement offers shortly after an accident — before the full extent of your injuries is known. These offers are almost always inadequate. Once you accept a settlement and sign a release, you give up your right to pursue any further claims arising from the accident, even if your injuries turn out to be more serious than initially apparent. Do not accept a settlement offer without first consulting an attorney and understanding the full scope of your injuries and damages.
Florida's No-Fault System and PIP Coverage
Florida requires drivers to carry Personal Injury Protection (PIP) coverage, which pays 80% of reasonable medical expenses and 60% of lost wages up to the policy limit (typically $10,000), regardless of who caused the accident. PIP is your first source of recovery for medical expenses and lost wages after a car accident. However, PIP does not cover pain and suffering, and the $10,000 limit is often exhausted quickly in serious injury cases. If your injuries meet the serious injury threshold, you can pursue a claim against the at-fault driver for damages not covered by PIP.
Coverage Disputes
Insurance companies sometimes dispute coverage — arguing that the policy does not cover the accident, that the policyholder violated a policy condition, or that the claim is excluded under a policy provision. Coverage disputes can arise in both first-party claims (against your own insurer) and third-party claims (against the at-fault driver's insurer). An attorney can review the applicable policy language and advise you on your rights.
Insurance Bad Faith in Florida
Florida law imposes a duty of good faith on insurance companies in handling claims. An insurer that unreasonably denies, delays, or underpays a claim may be liable for bad faith — which can result in damages beyond the policy limits. Florida's bad faith statute (Fla. Stat. § 624.155) allows policyholders to bring a civil action against an insurer for bad faith claims handling. An attorney can evaluate whether the insurer's conduct rises to the level of bad faith.
Documenting Your Claim
The strength of your insurance claim depends on the quality of your documentation. Key documents include: the crash report or incident report; all medical records and bills; records of lost wages or income; photographs of the scene, your vehicle, and your injuries; witness contact information; and all communications with the insurance company. Keep copies of everything and document every conversation with an insurance adjuster in writing.
Frequently Asked Questions
Should I give the insurance company a recorded statement?
No. You are not required to give a recorded statement to the other driver's insurance company, and doing so before consulting an attorney can harm your case. Even statements that seem harmless can be used against you. Contact an attorney before giving any recorded statement — including to your own insurer.
What if the insurance company offers me a quick settlement?
Quick settlement offers are almost always inadequate. Once you accept a settlement and sign a release, you give up your right to pursue any further claims arising from the accident. Do not accept a settlement offer without first consulting an attorney and understanding the full scope of your injuries and damages.
What is insurance bad faith in Florida?
Florida law imposes a duty of good faith on insurance companies in handling claims. An insurer that unreasonably denies, delays, or underpays a claim may be liable for bad faith under Fla. Stat. § 624.155. A successful bad faith claim can result in damages beyond the policy limits. An attorney can evaluate whether the insurer's conduct rises to the level of bad faith.
What if my own insurance company is not cooperating?
Your own insurer owes you a duty of good faith in handling your claim. If your insurer is unreasonably delaying or denying your claim — including a claim under your own uninsured motorist coverage — you may have a bad faith claim against your own insurer. An attorney can advise you on your rights and options.
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