My Auto Insurance Company Won’t Return My Calls: What Are My Rights in Florida?
After you are involved in a Florida car accident, you are required to turn to your insurance company and seek compensation through your personal injury protection (PIP) coverage. So, one of the first steps to take after an accident is contacting your insurance company and informing them of your accident. When you reach out to your insurer, you expect them to handle your claim fairly and without delay. Unfortunately, sometimes, insurance companies refuse to return their insureds’ calls.
If your auto insurer is not returning your calls, it can leave you feeling frustrated and powerless. The good news, however, is that, in such a case, you have rights under Florida law. Understanding these rights can help you recover the compensation you deserve.
The Good Faith Duty Under Florida Law
In Florida, insurance companies are legally obligated to act in good faith when dealing with their policyholders. Under Florida law, insurance companies must;
- Promptly acknowledge the policyholder’s claims
- Conduct thorough investigations
- Communicate clearly with policyholders about their claims
- Provide a reasonable explanation for denying a claim
- Give fair consideration to settlement opportunities
- Settle the claim when it is reasonable and proper to do so
If your insurance company is not returning your calls, not giving you updates, and is stalling the claims process without a valid reason, they may be violating the law and acting in bad faith.
Why Do Insurance Companies Ignore Policyholders?
After a car accident, you expect that your auto insurer will treat you fairly and promptly handle your claim. Unfortunately, some insurance companies ignore policyholders and stall the claims process. But why do they do this? The answer to this question is simple: it is often a delay tactic.
Here are some common reasons that could explain why your insurance company is not returning your calls;
- Pressuring you into accepting a low settlement: Your insurer may be hoping you get desperate enough to accept an unfair settlement.
- Hoping you give up: By ignoring your calls, the insurance company might be hoping that you give up and stop pursuing your claim.
- Preparing for denial: Maybe your insurance company has already decided to deny your case and is ignoring your calls while it builds its case.
Indeed, it is possible that your insurance company not returning your calls may not be intentional. For example, the insurance adjuster assigned to your case may be overloaded. Regardless of why your calls are going unanswered, you have rights under Florida law.
What To Do if Your Calls Are Ignored
Here are some vital steps to take if your auto insurance company is not returning your calls;
- Document everything
- Escalate within the company. For instance, ask to speak with the adjuster’s supervisor or the claims manager
- File a written complaint
- Consult a skilled attorney
Bad Faith Insurance Claims in Florida
Florida Statutes section 624.155 gives you the right to pursue a bad faith claim if your insurance company violates its duty of good faith. If you succeed, you could recover the full amount of your underlying insurance claim and additional financial damages caused by the delay or denial.
Contact Us for Legal Help
If your auto insurance company won’t return your calls, contact our Fort Myers car accident attorneys at The Pendas Law Firm for legal help.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Fort Lauderdale, Naples, Melbourne, Miami, Tampa, Jacksonville, Bradenton, Daytona Beach, and West Palm Beach areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html