627.7288 Comprehensive coverage; deductible not to apply to motor vehicle glass.
“The deductible provisions of any policy of motor vehicle insurance, delivered or issued in this state by an authorized insurer, providing comprehensive coverage or combined additional coverage shall not be applicable to damage to the windshield of any motor vehicle covered under such policy.”
What this legal jargon means is if you have comprehensive or combined additional coverage, there is no deductible for repair to any vehicle covered under such policy. Why does it matter to you and why should it? Number one, no deductible means no out-of-pocket expense to the insured. It sounds fairly simple. But often times it is not. Most insurance companies seek to direct you to their vendor, which on its face is okay, but the problem comes when you decide you want to use your own vendor. Services provided may range from the repair of a chip to the obviously more costly replacement.
Given the special deals many companies have with their own vendors still many insureds would rather deal with their own vendor of choice. More litigation than any lay person can imagine is percolating its way through the Courts of Florida and other jurisdictions. Is it any wonder that the disputes that evolve can be over the decision by the insured’s vendor to replace? The insurer’s vendor of choice more often will recommend a much cheaper alternative, essentially a patch on the glass. The disputes also range from getting the windshield replaced prior to inspection of the insurer – many insurers will hide behind the cloak of no opportunity to inspect and deny coverage in whole or in part; this is done even though every glass repairer knows exactly how to photograph the windshield damage and associated Vehicle Identification Number (VIN).
Another particular sticking point and an issue being currently litigated is the inclusion of an appraisal clause which essentially is more expensive to engage than the entire cost of the windshield.
The very inclusion of a clause that visits an extremely negative effect if the policyholder would dare to challenge the insurance company. The simple fact is that inclusion of an appraisal cause more or less strips the policyholder of rights that should be exercisable without the hammer of a costly and unnecessary appraisal. The best advice to both independent vendors and policyholders is to retain experienced counsel in the field of windshield coverage. As anyone can see the insurance companies have once again complicated what should be a fairly straight-forward task.
The lawyers at DRG have handled hundreds of windshield coverage cases. The best advice we can offer is to contact an experienced law firm. The DRG Law Firm has 40 years of experience and has won millions for our clients. We are standing by 24/7 and 365 days a year ready to fight for your rights. Call us about your legal problem or any other personal injury or insurance claim related questions you may have. Call us – “We are the Problem Solvers” (888) 413-8353.