Florida Insurance Legal Questions

No way to tell on the facts provided, and you may have statute of limitation issues to contend with. Bigger issue is.....why was this not done or explored several years ago when the dispute over payment of the repairs by Citizens arose? If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read Answer

Unfortunately, if the policy language affords her coverage she has the legal right to make a claim under the policy. If that is the case, you do not have a right to prevent her from doing this. However, most Uninsured Motorist policies do not allow coverage to a resident relative (for example, your stepdaughter) who own their own car. Since you mentioned she has a car, you may want to find out from the insurance company if she lied about that. There are a number of other exclusions all of which I would imagine your company would look into before allowing her coverage under the policy.  I am sorry your insurance premium may go up as a result of this claim, but please do not drop your UM coverage because of it. With the large number of people driving cars without liability coverage, it is a very important protection. ... Read Answer

You will pay a deductible because its YOUR insurance and thats what you agreed to do. If the OTHER persons insurance pays, then there would be no deductible. Assumin you were injured in the accident, based on the damage you described, you REALLY should consider hiring a lawyer to handle your claim. If you have questions, you can always call our office for a FREE consultation. 1-800-922-6442.... Read Answer

Assuming the accident happened in "her" car, or another car that you are also not a co-owner/ co-registrant of, you will have no personal liability. Since she is over 18 and the car is solely in her name, you are not responsible.  As an aside, unrelated to the facts of this accident, it is important for your daughter that she be listed as the "named insured" of that vehicle. There are protections she has as a named insured, particularly if she has uninsured motorist coverage.    This reply should not be considered a formal legal opinion of your case / inquiry. At this time I may not have enough information to give a complete answer to your question and  there may be more to your issue(s) then I have set out in my brief reply. If you have additional questions or information, I am happy to help. Jonathan Groff is an AV preeminent (5 out of 5) rated Personal Injury lawyer, with a principal office in South Miami, but representing clients throughout Florida. He can be reached at, Office: (305) 661-3633 / (800) 549-1942; Mobile (24 hours a day): (305) 302-8807; Email: Jgroff@kgdfloridalaw.com; Website: www.kgdfloridalaw.com  ... Read Answer

I am sorry to hear about the death of your fiance.  Sometimes it takes months for insurance companies to come to a decision regarding whether they will pay the policy benefits.  The policy may have exclusions and depending on the circumstances surrounding your fiances death, they could deny the claim.  However, I would keep following up with them.  Call every 2-3 weeks and always ask if they need anything from you or if you can do anything to help speed up the process.   Hopefully you will receive a determination letter soon.  If you still haven't heard anything by early June, I'd consider meeting with an attorney.  You will need a plaintiff's personal injury attorney.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.  ... Read Answer

As Mr. Tischauser explained, you are presumed to know the law. By way of extreme example, our government did not send you a letter saying murder is a crime, does that mean you can't be charged with murder? As an aside, people who choose not to have health insurance are essentially fining/taxing the rest of us. When an uninsured person has a medical emergency, your fellow citizens end up footing the bill through higher insurance premiums and higher medical bills.  Part of the new health care law is about personal responsibility. However, for those of us who cant afford it, the Government will subsidize the cost of the insurance premium (unless you live in Florida, where we are refusing to help insure millions of mid to moderate income people for the sake of politics). ... Read Answer

Depends on what you mean "made the claim"? If you mean reported it for you, not a big issue. If you mean lied and pretended that SHE was in car and hurt? You need to retain a criminal lawyer to represent you ASAP as that would qualify as  perjury and insurance fraud. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.... Read Answer

You always have the right to file suit, as wells as the responsibilities of paying the others sides attorney's fees if your wrong. No way to tell in your case, as facts are poorly stated. If you are interested in hiring a lawyer to help you, we do offer FREE consultations to determine how we can be of assistance at 1-800-922-6442.... Read Answer

Questions like this are why you hire personal injury lawyers to help handle your case. Generally you owe all of the doctors whatever wasn't paid on thier bill balance. The problem you may also have is that if other sources paid like, med-pay, health insurance, medicaid or medicare, or anyone that has a "providers" or hospital lien, you have pay them too....  ... Read Answer

I think you are getting way ahead of yourself. First very few personal injury claims end up in litigation and you don't even think anyone was injured. Also, if it is just a matter of property damage, the insurance companies almost always work those out among themselves.  The statute you cited is for cases in litigation. If there are issues in dispute, I would expect you will first get calls from lawyers, insurance adjuster, or investigators about what happened. Assuming you are a independent witness, what you saw should resolve who was at fault, just from your statement.  A person has four years from the date of accident in which to file a lawsuit, so in the unlikely  a lawsuit is ever filed over this, I do not wish to speculate about whether you are or are not getting your mail.The mailed subpoenas typically are for traffic court and minor criminal matters. As a mere witness, the failure to show up for a minor traffic offense on a mailed subpena, without proof of service, is very unlikely result in anything. If the matter is reset and your are given more formal service and if you ingore that, than there could be issues. There would then be a more formal rule to show cause served on you. So really, I think your worrying about not getting a subpena is premature. Having said this, do not ignore a spina to appear if you actually receive it. ... Read Answer

If I am understanding this correctly, it seems to me like the prior owner should have looked into filing a claim for damage after the hail storm, when they still owned the house.   Since they no longer own the home, you cannot file a claim on their prior insurance for damage to the house that was caused prior to you owning the house.   The same is true vice-versa - you cannot claim on your insurance for damage that was caused before you owned the home under the prior owner's policy.   The prior owner would have had the right to make the claim at the time of the hail damage.  Since that was not done, and you purchase the home with the hail damage, you cannot claim for past damage on your insurance. It is not damage that was caused while you had coverage.   Your best bet would have been to have the home and roof inspected and upon discovering the damage to the roof, negotiate said damage with the seller of the home to have it repaired and/or to reduce your offer.   I don't believe you have recourse with your insurance company, however, to be sure, you can check with an attorney who is licensed to practice law in Florida. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read Answer

Four years, but if you were injured I would not delay in contacting a qualified personal injury lawyer. Early investigation and preservation of evidence is crucial. Just as important is getting the advice of an experienced lawyer on how to properly (and truthfully) document your injuries. When hiring a lawyer be careful to avoid the "TV" type lawyers, or anyone who solicits your case. Good luck.... Read Answer

Did you have uninsured/underinsured coverage? You should talk to a lawyer. You certainly have rights. Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved. It seems like your injuries are more serious. For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawyer.com. We'd love to help you. Our number is 800-6-know-law. ... Read Answer