I have been asked many times by people who have been involved in car accidents whether or not they can sue the insurance company. After an accident, victims that have contracted severe or mild personal injury are faced with exhausting amounts of medical bills and expenses that the insurance company will try to avoid paying for as much as possible. Insurance claim representatives are well-trained to resist coverage of large claims, no matter how severe the injury is.
If you and the insurance company can’t reach an agreement on a settlement amount, you can sue the company for what you think is a fair value. If the Court agrees that the insurance company was wrong in denying your claim, you can then receive full compensation for what is deserving. You should also be able to get additional damages for emotional distress, lost income and legal fees that have come about as a result of the extra trouble with the insurance company.
If I Get Injured In A Florida Auto Accident But Do Not Have Insurance, Can I Still Sue?
Yes, you can. You may be asking this question because Florida’s a no-fault state, and many people misunderstand that term to mean that you can’t bring a claim against an at-fault driver because it’s a no-fault state. But what that really means is that your own insurance will step up to the plate and pay for the first part of your medical bills, but you can still bring a claim against the at-fault driver for all of your injuries, even if you don’t have insurance.
Claims Against Other Parties in a Florida Auto Accident Case
You have the right to bring a claim against any party responsible for contributing to the cause of the accident. So, the answer is yes. If, for example, that driver had their car maintenanced at a repair facility, and it was negligently repaired, and that contributed to causing the accident, then you may have a claim against the repair facility, in addition to the at-fault driver.
Moreover, if the driver is a separate person than the owner of the vehicle, you may also have the right to bring a claim against the owner of the vehicle. So, yes, you do have the right to bring a claim against parties other than the at-fault driver.
I Can No Longer Have Relations With My Wife As A Result Of My Car Accident Injury. Can She Sue For Loss Of Consortium?
Yes. If you suffered very serious injuries in an accident, then that could impact your ability to engage in intimacy with your spouse, and that lack of intimacy can seriously impact your relationship with your spouse. Because the relationship is so important, Florida law does allow you to bring a claim for loss of consortium, or relations, or intimacy, with your spouse
Will I Have To Go To Court For My Florida Auto Accident Case?
The reality is that many Florida cases are resolved before ever filing a lawsuit, therefore you would not be required to go to court. More specifically, when you make a claim with an insurance company, oftentimes they will offer enough money to settle your case where you don’t even have to file a lawsuit. Thus, you do not have to go to court. But, if you’re unable to come to terms with the other insurance company or the other driver, then you may have to file a lawsuit. Even in the lawsuit phase, you still may be able to settle your case without the need to go to court, but if all settlement negotiations fail, then you may need to go to court to have a trial.
Are There Alternatives To Going To Court In A Florida Auto Accident Case?
After a Florida car accident, you do not have to proceed directly to litigation or suing them in court. You do have the right to bring a claim against their insurance company and perhaps negotiating a settlement outside of court before filing a lawsuit. That way, you may minimize your costs and minimize your expenses in bringing in the claim. So, yes, you do have the right to settle it before filing a lawsuit.
What Is The Statute Of Limitations To Bring A Florida Auto Accident Case?
Generally speaking, the Statute of Limitations to bring a Florida auto accident case is four years. You have four years to file a lawsuit in any kind of negligence case. However, keep in mind that if it’s a governmental entity involved, like a sheriff’s deputy driving a vehicle, then you have to give notice of a claim to that governmental entity within three years. Because these time limits can be complicated, we do recommend that you consult with an attorney to discuss your rights.
Insurance companies want to make money and they will wrongfully deny some of the thousands of claims they receive every day to save money. If your insurance claim is denied or if you are offered a clearly insufficient amount, you should hire an experienced personal injury lawyer to help you get the compensation you need. Grounds that you can sue an insurance company for include failure to carry out proper investigations, undue delay in processing a claim, disregard for the rights of the policyholder, and inadequate compensation for the filed claim. Call experienced personal injury lawyer Nick Ortiz at (888) 321-8131 for more information.