As South Florida Car accident attorneys we understand the struggles that a victim has to deal with. Victims have to deal with painful injuries, loss of work, medical bills, and getting their life back in order. To facilitate this, our office does everything it can assist our clients in their time of need. We help our clients by dealing with the insurance companies involved and dealing with issues of medical treatment, vehicle repair and rental, and making claims for bodily injury as a result of the accident.
However, in many instances one encounters resistance from insurance companies. There are cases in which there are serious injuries and for one reason or another an insurance company refuses to tender a bodily injury (BI) policy limit. Note that insurance policy limits vary from policy to policy. For example some policies have a limit of $10,000/$20,000 and some $100,000/$300.000. This means $10,000 per person and $20,000 per incident.
So what can a victim do when he/she has a serious injury which justifies tendering of a policy limit and the insurance company refuses to comply. As Miami car accident attorneys we understand that this circumstance may give rise to a bad faith claim. A bad faith claim can be filed by the victim of a car accident (3d party) and also by owner of the policy or party at fault (1st Party). Florida Statute 624.155(b)1 allows for a bad faith claim when an insurance company fails to settle when under all circumstances it should have done in fairness toward its insured.
Before filing a bad faith claim or lawsuit a Civil Remedy Notice (CRN) should be entered through the Florida Department of Financial Services. A CRN puts the insurance company on notice that it may be liable for bad faith. At that point the insurance company can avoid the bad faith claim by paying for damages or remedying the circumstances which gave rise to the violation. A good CRN should be specific and to the point in order to avoid being dismissed. If a victim prevails on a CRN it means he may be entitled to damages, Court costs, and attorney’s fees. The advantage here is that the damages awarded may be beyond the policy limits. Meaning, that if you have damages that amount to a $1,000,000 and the policy limit is $300,000 the insurance company is out of luck and will have to pay for the entire cost of the damages.
Fort Lauderdale bad faith car accident attorneys are here to assist you. Call us If you feel that you are being treated unfairly by your insurance company. Bad faith claims apply to uninsured motorist (UM) claims as well. The attorneys at Goldstraj & Associates are here to assist you 24/7. Our dedicated staff can assist you with all aspects of your claim. Our staff is attentive and quick to respond to your needs and an attorney is always close at hand to take your call. We can be reached at 305.764.9907 or 1.888.413.8353.