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What Are My Rights Under My Insurance Policy? An insurance policy is a contract. In simple terms, you pay the premium and the insurance company must pay the benefits if the conditions specified in the policy occur. Every insurance policyholder has the legal right to make sure that his/her policy and its contractual agreements are upheld in full. If an insurance company fails to honor its contract and pay a valid claim, you have the right to bring a civil action for damages against that insurance company. In addition to suing for a "breach of contract", in Florida you may bring a lawsuit and seek to recover not only your damages but attorneys fees and costs. What is Florida "No-Fault" or Personal Injury Protection (PIP) insurance? Since Florida is a "no-fault" state, your automobile insurance policy will include coverage for personal injury protection (PIP) and property damage (PD), and that’s it. This is all that is required in most cases to operate an automobile in Florida. Personal injury protection insurance pays a percentage of your medical bills if you are hurt in an accident, typically 80% regardless of whom is at fault and usually has a deductible associated with it, which is paid by you. You can also claim lost wages through your PIP coverage if you miss time from work due to an injury from the auto accident, typically paying 60% of your gross average weekly wage. PIP will also cover certain other expenses associated with a death claim. How much is this going to cost? At the PANTAS LAW FIRM it costs you nothing, unless there is a recovery. The firm takes these types of cases on a pure “contingency fee and cost” basis. We will seek both fees and costs FROM THE INSURANCE COMPANY. The law in Florida provides that the insurance company must pay all fees if an insured brings a claim and wins. If we lose, we work for free and we lose our costs that have been advanced. Will the case settle or will we have to go to trial? Approximately 90-95% of cases settle before an actual trial. Settlements may happen at any point in the action from as early as pre-suit (before a lawsuit is filed) to mediation (a formal settlement conference), to as late as “on the courthouse steps.” The main thing to focus on is not if and when a case settles, but on being prepared to have a trial. Once the defendant and defense attorney realizes that a case is well prepared and ready to be tried if need be, they are more willing to settle for a reasonable amount without the need for a judge or jury to decide the case. Want to read more about Auto Accident Claims? Go to our Auto Accident FAQs Want to ask your questions over the phone? Use our free
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service or call us at Toll Free (888) PANTAS-LAW. Want to ask your question by e-mail? Use our free "
