Insurance companies are supposed to provide the help that is promised under their policy if you ever find yourself injured. This can help injury victims deal with their mounting medical bills and their inability to work caused by their condition. Florida law creates obligations for insurance companies that force them to act quickly so that claimants get help when they need it.
Unfortunately, many insurance companies choose to violate these time-sensitive responsibilities, causing delays in the claimant’s recovery of monetary relief. In these situations, the claimant may be able to pursue a bad faith claim against the insurance company and recover even more than they were owed initially.
If you suspect that your insurance company has missed a deadline to act on your claim or is using unfair tactics to prevent you from recovering, it is imperative that you reach out to the seasoned Miami personal injury attorneys at Rivkind Margulies & Rivkind, P.A. We can provide the legal assistance that your case requires, starting with a free initial case assessment for your first call to our offices at (305) 204-5369.
How Long Does an Insurance Company Have to Acknowledge a Claim in Florida?
The first step in the insurance claims process is filing the claim, which, depending on the insurer, may be done over the phone, online, or written via mail. In any case, the insurance company must typically respond to the claimant that they have received the claim and are evaluating it. This response step must happen within 14 days of the insurer receiving the claim.
In acknowledging the claim, the insurance company representative (also called a “claims adjuster”) must set up some line of communication with the claimant and legal representative, if they have one, to discuss their claim. If you have submitted a claim to your insurer and have not heard back from them in over two weeks, it is time to reach out to your Hialeah personal injury lawyer.
How Long Does an Insurance Company Have to Decide on a Claim in Florida?
Once the insurance company has received the claim, they may decide to accept the claim and pay the balance owed immediately. This is more common when claims are for small amounts. However, for larger claims, the insurance will typically conduct an investigation into the claim.
The allowable window for an investigation into an insurance claim is 90 days. During the first 30 days, if the insurance company feels that they have reason to suspect that fraud was involved in the claim, they must notify the claimant that they are investigating the suspected fraud before the end of that 30-day period. In any case, after 90 days, the insurance company must either deny the claim and provide the claimant with an explanation of the cause for the denial, or else pay the balance of the claim. The insurance company must also pay the claimant any interest which has accrued during the investigation period.
If more than three months have passed since the insurance company first acknowledged the claim, have your Port of Miami personal injury lawyer reach out to the claims adjuster as soon as possible.
How Long Does an Insurance Company Have to Pay a Claimant After a Settlement in Florida?
Once an insurance company approves a claim or settles with the claimant, they have a limited amount of time to actually make the payment that they owe. This time window is typically indicated by the insurance policy language. It is typical to have a payment deadline last between one to two weeks from the date on which the claim was resolved. Under Florida law, however, this window can last no longer than 20 days.
If you have been notified that your claim has been approved but you have yet to receive a check for some time, it would be wise for you to discuss the situation with a Florida personal injury attorney.
What Happens if an Insurance Company Takes too Long to Settle a Claim in Florida?
Unfortunately, many insurance companies will delay the claims process unnecessarily, especially if they know that the claimant does not have legal representation. In some cases, especially where the insurance provider misses statutory deadlines on actions like acknowledgement, determination, or payment, the insurance company may have acted in bad faith.
Insurance companies who act in bad faith open themselves up to liability for breach of contract. In these situations, getting the compensation that you deserve may require taking the insurer to court. In a lawsuit for bad faith, the claimant could recover all of the compensation that they were owed in their claim, plus additional punitive damages that are assessed against the insurance company for their bad behavior.
You will not want to take on a bad faith lawsuit on your own. Insurance companies have massive legal operations that are meant to intimidate and exhaust their opponents. You should enlist the help of an experienced Florida boating accident lawyer to help you get justice from an insurance company that has treated you unfairly when you needed them the most.
How Can You Speed Up the Insurance Claims Process in Florida?
Insurance claims take time to process, especially for larger amounts. While there is not much that you can do personally to streamline the process, it may help to have the help of legal counsel. A Miami boat accident attorney will have the experience and knowledge necessary to communicate with claims adjusters on your behalf and avoid mistakes in your claim that can delay the process substantially. Having the asset of a legal representative on your side can get you the money you need sooner so that you can recover from your injuries comfortably.
Talk to Rivkind Margulies & Rivkind, P.A. About Your Insurance Claim in Florida
To get a free initial case assessment on your insurance claim and the insurance provider’s obligations, call our dedicated Tampa boating accident lawyers today at (305) 204-5369.