QUESTION
Can I be Discriminated against due to not at fault personal injury
Asked on Jul 23rd, 2013 on Consumer Law - Florida
More details to this question:
Hi i was involved in my first accident in which i was injured in my adult life in which i was not at fault i was t-boned and the other driver received a ticket i am 29 years old and a executive in Florida. I was treated for back injuries and released after quite sometime at which it was not getting any better i am still in pain till this day my policy increased very very significantly due to this fact i then attempted to purchase a NEW policy from Esurance after the quoted me they even increased my rate at time of purchase for what i believe is the accident but they will not speculate the exact reason, after 3 weeks or so i receive a letter from Esurance stating that i am a "Unacceptable Risk" due to the fact of having a not at fault personal injury claim and they would be cancelling my policy. 3 other companies i attempted to gain insurance from gave me the exact same line for having 1 personal injury claim, I believe this should be illegal and an act of discrimination against the injured for seeking medical attention or seeking the assistance of lawyer it is the same as discriminating against a handicap person or against a person for there race , We did not ask for some one to hit us , We did not ask to get injured and still suffer pain. I believe this is just a new tactic by the insurance companies to scare people away from getting the needed help or seek the assistance of legal counsel while the insurance companies keep taking in the premiums but when your injured they blacklist you since they had to pay out. It will result in people not getting the care they need and could cause life threatening injuries due to the fact they are scared of being put on this insurance company blacklist. is there anything that can be done i should not be discremanted against just due to the fact i was injured by something out of my control no one else should either.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Its not a discrimination case, and has nothing to do with pursuing case with a lawyer, though the inusrance industry would LOVE for you to spread that urban legend further. It may be that you contend you are STILL HURT from that accident, and depending how recent it was, they are unwilling to insure you beause they think you will simply use thier insurance to claim old injuries as new in a future claim. This may still run afoul of the insurance underwritng rules for Florida, so I would file a complaint against them with the Florida Depatment of Insurance whcih will force them to specifically explain why, at a minimum. I suspect, there is something else out there though that they are relying on, as reflected in increase in your earlier policy, which suggests that your original insurance company found some fault to justify an increase in your premiums.
Answered on Jul 23rd, 2013 at 12:45 PM
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