Insurance companies spend millions of dollars selling trust and advertise Protection; Savings; Loyalty; Peace of mind. They want you to believe that, after a serious car crash, the company will be there when it matters and help you.
And after a crash, the insurers have a duty, under Florida law, to act in good faith to their insured.
At Corona Law Firm, our Miami personal injury attorneys handle serious car crash cases, uninsured motorist claims, underinsured motorist claims, and insurance bad-faith cases in South Florida. One of the most important duties an insurance company owes its insured is the duty to act honestly, fairly, and with due regard for their insured’s interests. This duty is often known as the concept of a “bad faith failure to settle” a claim.
Good faith is not a slogan it is the law.
What is Uninsured or Underinsured Motorist Coverage and Do I Need it?
Uninsured and underinsured motorist coverage, often called UM coverage, protects you when the person who caused the crash does not have enough insurance to cover your injuries.
This coverage is especially important in Miami and throughout South Florida. Serious car crashes happen every day on roads like the Palmetto, I-95, US-1, Flagler Street, Bird Road, Eight Street, and the 836. Many drivers carry minimal bodily injury coverage. Some carry no bodily injury coverage at all.
When that happens, your own insurance company may become responsible for paying benefits under your UM policy. The insurance company cannot ignore the claim, delay the claim, or make an unfair low offer. The company may investigate. It may evaluate liability. It may review medical records. It may ask questions. But it must do so fairly and honestly.
A Miami car crash attorney can help evaluate whether the insurance company is treating the claim properly or whether the claim is being undervalued.
The Insurance Company Evaluates Your Claim
An insurance company is not powerless during the claim process and the insurance policies require an insured to cooperate during the claims investigation process.
The insurer can request medical records. It can ask for sworn statements or examinations under oath. It can require the insured to attend an independent medical examination when permitted by the policy. It can have a radiologist review MRI films. It can consult doctors. It can obtain opinions from medical professionals. It can review the crash evidence. It can evaluate liability. It can speak with witnesses. It can assign supervisors to review the file.
Florida law gives insurance companies time to use those tools to conduct a proper evaluation of the claim. In a bad-faith case, the insured generally must give the insurance company written notice of the violation. This is commonly called a Civil Remedy Notice, or CRN.
The purpose of the CRN is to give the insurance company a safe-harbor period to review the claim, evaluate the evidence, and correct the problem before a bad-faith lawsuit can proceed.
That time should be used to fairly evaluate the claim.
It should not be used to rubber-stamp a prior low offer.
It should not be used to ignore medical evidence.
It should not be used to rely solely on adjuster opinions that contradict those of actual medical professionals.
It should not be used to search for reasons not to pay.
And it should not be used to protect the company’s financial interests at the expense of its own insured.
Fifteen minutes may be enough time for a catchy commercial. It is not enough time to fairly evaluate a serious Miami car crash injury claim unless the insurance company actually does the work.
Corona Law Firm Obtains a Jury Verdict of $800,000 Where the Insurer offered $2,000
Corona Law Firm recently tried a bad-faith case in Miami involving a serious car crash and an underinsured motorist claim.
The injured person had UM coverage with a $25,000 policy limit. After the crash, the injuries were documented. Medical treatment began. Medical bills quickly exceeded the available coverage. There was evidence of permanent injury. There was also evidence supporting that the other driver caused the crash. The insurer’s own evidence and investigation determined that the other driver caused the crash.
Despite that, the insurance company offered only $2,000.
The injured person then served a Civil Remedy Notice. The insurance company had a safe-harbor period to review the evidence, evaluate the claim, and pay the $25,000 UM limits.
It did not.
The case continued. An initial jury in Miami, later determined the damages from the crash were $800,000.
So, without a proper evaluation, the insurance company offered $2,000 on a claim a jury later valued at $800,000.
Without the help of the experienced personal injury attorneys at the Corona Law Firm, this client would have been out of pocket for all their medical bills and damages.
If you are injured in a Miami or South Florida car crash and your own insurance company is delaying, denying, or lowballing your uninsured motorist claim, you should pay close attention to what the company is doing.
Call Miami Personal Injury Attorneys at Corona Law Firm
Corona Law Firm represents injured people in Miami and throughout South Florida in serious car crash, uninsured motorist, underinsured motorist, and insurance bad-faith cases.
If you were injured in a car crash in Miami and your insurance company is refusing to fairly evaluate your claim, contact Corona Law Firm to speak with a Miami personal injury attorney about your rights.
