Can the Insured Tortfeasor Assign Their RIghts to a Bad Faith Claim to the Injured Party?

Yes. Sometimes this is the best route for the injured and gives the tortfeasor some breathing room.  The injured party usually will agree to withold further action against the tortfeasor for any excess judgment until proceeding on a case against the insurer.  This typically requires immediate payment of the policy limits and other costs and assignment of the bad faith claim.  This gives the plaintiff immediate money to help with the loss from their injury while the bad faith claim is pursued. 

Waiting until after the trial may help a bad faith cliam because insurance companies are held to a higher standard of good faith after being confronted with a post-verdict offer.  Another benefit is that the insured may not have enough money and assets to collect on an excess verdict.  Your Palm Beach County car accident attorney should thoroughly investigate the assets of the defendant and any communication between the defendant and the insurer.

What Information Should Your Palm Beach County Accident Attorney Obtain from the Insurance Adjuster? Part II

Your Palm Beach County accident attorney should also seek information that establishes a business practice.  Questions about prior insurance employers and the reasons for leaving are important and your accident attorney can also check with other adjusters and attorneys about your aduster's reputation as well as that of the insurance company itself.  State agencies also keep grievance complaints which can be requested through the Department of Financial Services and other agencies in other states.

What Information Should Your Palm Beach County Accident Attorney Obtain from the Insurance Adjuster? Part I

The insurance adjuster handles the communication between you and the insurance company.  They have the most information about your claim and probably are the most helpful.  However, in a bad fatih case, they will be your adversary and your Palm Beach County accident attorney will be able to take their deposition.  After reviewing the adjsuter's files, your attorney will likely schedule his/her deposition quickly to avoid the insurance attorney prepping the adjuster.  However, your attorney may ask the adjuster about any conversations the insurance adjuster had with the insurance attorney.  Your car accident attorney may also ask the adjuster to admit certain things regarding any memos or letters from your attorney to the adjuster.

What Evidence Can You Obtain Against the Inurance Company for Bad Faith? Part II

If you are pursuing punitive damages, the scope of discovery is broader as these types of damages are more difficult to prove.  The plainitff has to show the method in which the insurance company acted was in the course of regular business conduct.  Your would have to go back for a reasonable amount of time.  An adjuster or supervisor's notes may show that someone higher up was dictating  which may lead to more relevant discovery.  Your Palm Beach County car accident attorney may also look to the Department of Financial Services too.  They keep a lof of all of the complaints and statutory notices sent to the insurance carrier.  These can be used to meet the business practice requirement.

What Evidence Can You Obtain Against the Inurance Company for Bad Faith?

It depends on the damages you are seeking.  If you are seeking compensatory damages, the evdience must be specific and contain every correspondence made with the insurer to support your position.  This includes the demand letter, notice form, narratives and all typed memos that followed conversations with the adjuster.  The insurance file is also discoverable except for anything that fall under the attorney-client privilege whether it is s first or third party bad faith case.  Your Palm Beach County car accident attorney should also loof closely at the adjuster and supervisor's notes.

Pursuing a Bad Faith Claim Against an Insurance Company

You may have a bad faith claim agaisnt an insurer if they do any of the following:

1. Attempt to settle a claim when part of the policy was alterd without notice to or consent from the insured

2. materially misrepresent to the insured or any other person having an interest in hte proceeds payable under the policy with the intent to settle the loss on such policy on less favorable terms than the policy provides

3. Performing any of the following so frequently so as to indicate a general business practice:

a) failing to adopt of implement standards for proper investigation of claims

b) misrepresenting pertinent facts or plocy provisions with respect to claims

c) failing to act promptly upon communications with respect to claims

d) denying claims without reasonable investigation based on available information

e) failing to affirm or deny full or partial cliams

f) faiure to promptly provide reasonable explanation to insured for basis for denial of claim

g) failure to promptly notify the insured of additional info needed to process claim and to provide clear explanation why info is needs and why it is necessary

It is important to immediately hire a Palm Beach County car accident attorney when you have been injured in a car accident. A skilled car accident knows how to set up your case for potential bad faith by the insurance company, to bring you maximum recovery in the event the insurance company fails to act in good faith and perform all necessary steps legally required of them to process your claim.

Bad Faith Claims in Uninsured/Underinsured Motorist Cases

Mandatory arbitration of UM coverage is binding and enforceable.  If your policy contains language to this effect, there is strong incentive for the insurance company to refuse to settle for anything exceeding the policy limits because if the insured is forced into arbitration, it is likely the settlement amount will be lower.  However, Florida law allows to the insured to collect full tort damages against the insurer exceeding the policy limits when they committed a violation in failing to settle a UM claim.  This puts the insurer at risk.  They fear bad faith claims because there is no cap on the damages and damages could exceed the policy limits.  If you are injured in a car accident with an uninsured/underinsured motorist, be sure to seek the advice of a Palm Beach County accident attorney immediately. 

What Your Attorney Should Do to Determine All Potential Defendants and Liability Coverage: Part II

Once your West Palm Beach car accident attorney has received all of the insurance policies providing potential coverage on your claim, he/she should carefully review it to determine if the insurer has engaged in bad faith settlement conduct.  You may have a claim agaisnt the insurer for misrepresentation, asserting inappropriate coverage defenses or other bad faith behavior.  A skilled bad faith attorney may be able to recover money for you exceeding the policy limits. Failure to properly review an insurance policy can lead to injured car accident victims giving up certain rights they are legally entitled to and allowing the insurance company to wiggle out of liability especially if they try to claim the torfeasor did not pay his/her premiums and therefore there is no coverage.  Never talk to the insurance company without seeing an accident attorney first and the better word of advice is to let the attorney do the talking.  To pursue a bad faith claim, the plaintiff must show coverage, wrongful refusal to defend by the insurance company, and that settlement was reasonable and made in good faith.

What Your Attorney Should Do to Determine All Potential Defendant's and Liability Coverage: Part I

The first thing your Palm Beach County car accident attorney should do is determine the coverage available to you.  There are important statute of limitations that apply to various tortfeasors and insurers that must be complied with, so your accident attorney should work quickly to obtain information regarding coverage.  You also want to seek a Palm Beach County car accident attorney immediately after an accident to avoid any possible problems with the statute of limitations.

You also want to be the first to file your claim with the insurer so that your gets looked at first of there were multiple people  injured in the accident.  If there is a single-limit coverage, any money available to you could get depleted before your claim is filed.  Once your attorney requests the insurance policy, the insurer has 30 days to send him/her a certified copy of all policies providing coverage. 

Does it Matter If My Car Was Leased When Determining PIP Benefits After a Palm Beach County Car Accident?

Typically, the insurer of the lessor's vehicle (the person who leased you the car) is primary responsible.  However, the lessor can shift the burden to you the lessee if certain criteria met.  The lessor has to notify you in bold writing on the face of the agreement.  If the lessor complies, but you have no coverage, the burden will not shift to you.  If you have been involved in a car accident with the driver of a leased vehicle who did not have coverage, contact a Palm Beach County accident attorney immediately.  You may be able to recover damages from the leasing company.  Never try to determine your entitlement to PIP coverage on your own.  Insurance companies are concerned with their bottom line and will always try to avoid liability. 

Who Pays Your Attorney's Fees in a Palm Beach County PIP Lawsuit Against Your Own Insurance Carrier?

If you succeed in court on your PIP claim, the insurance company will have to pay.  The court may also award fees when they exceed the amount in controversy and if the insurance company contests your attorney's right to fees, then your attroney will be entitled to recover what he/she spent defending the issue.  Fees for pre-suit work may also be recovered when the insurer failed to reasonably settle a claim.  Even if you settle with the insurance company after filing suit, thye will still be responsible for fees.

The best thing you can do if you have been injured in a West Palm Beach car accident is find an experienced Palm Beach County car accident attorney who understands accident litigation and the obligations of the insurance company.  Never let the fear of attorneys fee prevent you from learning your rights and entitlements especially when you have been injured and never attempt to negotiate or sepak to the insurance company yourself. 

What if the Insurance Company Says My Policy Has Been Canceled After My Palm Beach County Car Accident?

If your insurance company had a valid right to cancel there is not much you can doto secure benefits; however, in some instances cancellation is not effective for failure to adhere to Florida law.  Usually two issues arise: cancellation for non-payment of premium or non-renewal of the policy.  If the insurance company tells you your policy has been cancelled, have your Palm Beach County car accident attorney investigate because the policy may not have been rightfully or effectively terminated.

Except when cancellation is for non-payment, Florida law requires at least 45 days writtent notice to insured prior to the effective date of cancellation.  If for non-payment, then the insurer only has to give 10 days notice so long as the notice states the reason for cancellation.  It is important to hire a Palm Beach County car accident attorney with experience in understanding insurance policies and auto insurance companies.  You may have a valid claim and not know it.  Don't let the insurance company  deceive you. Know your rights and entitlements under the law when you have been injured in a Palm Beach County car accident.

What If a PIP Insurance Carrier Fails to Timely Pay My Claim After a Palm Beach County Car Accident?

Typically, your insurance carrier has 30 days to make payment on your valid written notice of covered loss.  Receipt of meducal verification of claim does not serve as effective notice to the insurance carrier.  If they fail to pay within the 0 days without providing proog that they are not responsible for paying the claim, then interest will begin to accrue in the amount and they will be liable for your attorney's fees; however, the carrier can still contest the claim.  A PIP carrier cannot use its investigative rights to extend the 30 day time limit.  If the carrier mails payment within 30 days but it is received after 30 days, the payment is not considred overdue.

If a healthcare provider fails to provide a statement within 35 days of treatment excluding emergency services, care in a hospital ER, or ambulance services, the insurer does not have to pay on those charges and only those that were previously timely billed. If the doctor fails to send a timely statement and the insure denies payment, the doctor cannot come after you for the balance.  If your PIP insurer fails to resolve your claim, your West Palm Beach car accident attorney will likely file suit against the insurer.

How Do Worker's Compensation Claims Affect PIP Benefits in a Palm Beach County Car Accident Case?

Sometimes people are injured in a Palm Beach County car accident during the course of their employment and must miss work.  Worker's compensation is where most turn to replace their lost wages.  Under Florida law, worker's comp benefits must be credited agaisnt PIP benefits.  Under the worker's comp statutes, the insurance carrier is entitled to a lien on any settlement received by an injured worker from a 3rd party tortfeasor--called the collateral source law.  If you have been injured on the job contact an experienced Palm Beach County car accident attorney to represent you and insure you receive all of the benefits you are entitled to under the law.  Remember, if you visit a doctor who accepts worker's comp, they must dismiss any outstanding bills that remain unpaid after treatment.  Once a claimant settles with at 3rd party tortfeasor and the worker's comp cliamd has been resolved, the claimant may receive PIP benefits.  If you are injured and being denied worker's comp or PIP benfits, contacy a knowledgeable Palm Beach County car accident attorney immediately.  The best course of action is to always speak to an attorney experienced in car accident litgation prior to contacting anyone else.

Independent Medical Examinations and Your Palm Beach County Car Accident

If you have been injured in a Palm Beach County car accident, the insurer has a right to to mandate an independent medical exam (IME) for mental/physical conditions that are material to the benefits being claimed.  Because of this right under Florida no-fault (PIP) laws, the insured can be denied benefits if they miss an appointment except in certain circumstances.

If a claimant does not attend an IME, the insured may be relieved from paying medical bills incurred prior to the exam but billed after benefits have been terminated.  Failure to attend does not automatically eliminate an insurer's duty to pay, you have to look at the contract itself and see if maybe the appointment was scheduled remote to the plaintiff's residence.  You should hire an experienced Palm Beach County car accident attorney prior to attending an IME to insure your rights are protected.  You are allowed a witness and remember the doctor is hired by the opposing side and will be trying to show that you are not injured or not in pain.  Br sure to let the doctor know of any pain and injuries you have.

Applying Personal Injury Protection (PIP) Benefits After a Palm Beach County Car Accident

Florida law allows a named insured to elect a PIP deductible that applies to the named insured ot to the named insured and dependent relatives living in the same house.  Florida law onyl allows insurers to offer deductibles of $250, $500, and $1000.  The exception is for death benefits.  PIP deductibles may not have to be paid out-of-pocket by the insured but may come from other sources such as worker's compensation.  An injured party may recover the deductible from the tortfeasor (person causing the injury).  Whatever you do, if you are involved in a Palm Beach County car accident, contact a personal injury/car accident attorney who is experienced in analyzing insurance policies and who understands the law to prevent you from being taken advantage of and to insure you get the recvoery you deserve.

Injured in a Palm Beach County Car Accident Without PIP Coverage

If you are involved in a Palm Beach County car accident with an uninsured vehicle, you are generally self-insured for the first $10,000 in medical bills.  Never deal with the party causing the accident on your own.  Contact a knowledgeable Palm Beach County car accident attorney to respresent you  to insure your legal rights are protected. The Florida courts are split on whether a tortfeasor (wrongdoer) is responsible for medical bills in the injured did not have PIP coverage.  This issue has been submitted to the Florida Supreme Court for review; however, no opinion has been released.  Palm Beach County lies in the 4th DCA which has ruled that an injured person is self-insured for the first $10,000 for failing to have PIP coverage as required by law. 

Do You Have to Be Hit By the Other Car to Recvoer PIP Benefits?

Florida law says that benefits must be paid for accidental bodily injury caused by physical contact with a motor vehicle, regradless of whether the injured is occupying a motor vehicle.  You do not necesarily have to show the injury was caused by physical contact with the car.  It may be enough to show the injury was caused by the car.  The problem arises when you are injured while not an occupant of a self-propelled vehicle because there is a physical contact requirement.

In one instance, a Florida court allowed recvoery of PIP benefits when two co-workers were crossing the street and one co-worker pushed the other out of the way of a reboudning vehicle involved in a collision causing him to fall.  There was no physical contact with the car.  There is no bright line test to determine whether you will be entitled to PIP benifts when injured by a motor vehicle.  The best thing you can do, is contact to Palm Beach County car accident attorney if you have been injured by a car or believed that a car may have caused your injury, to assess the facts of your case and determine whether you are entitled to PIP benefits.  Do not try to contact the insurance company yourself. They have incentive to exclude coverage and delay your claim.   

Who Has the Right To Recover PIP Benefits After a Palm Beach County Car Accident?

No matter what kind of policy you have, Florida law requires every policy cover certain classes of people which include:

the named insured, relatives living in the insured's household, anyone driving the insured vehicle, passengers of the motor vehicle and other persons struck by the vehicle who suffer bodily injury but who are not occupants of a self-propelled vehicle.

Insurance defense attorneys will try to exlcude people from these categories to avoid paying out claims.  Having an experienced West Palm Beach car accident attorney to assist you in understanding your insurance policy language and definitions and who knows how the insurance adjusters and attorneys operate, will go a long way in preventing you from potentially being wrongfully excluded from PIP benefits.  The most argued about class is those persons not passengers but who are injured by the car.  

The Causation Standard Applied to Your PIP Benefits After a Palm Beach County Car Accident

To recover PIP benefits you have to show that you sustained a loss as a result of bodily injury, sickness, or disease arising out of ownership, maintenance, or use of a motor vehicle.  Under Florida law, you must show a nexus between the vehicle and injury.  Some examples of cases that satisfied the causation standard are:

1. A plaintiff was attacked and robbed while changing a tire on a truck.

2. An insured driver was shot and pulled from a car after refusing to give a pedestrian a ride.

3. A worker was injured in a fall from a hydraulic ladder attached to a truck.

As you can see, you do not have to be injured in a Palm Beach County car accident with another car to sustain bodily injury associated with the ownership, maintenance, and use of a car.  If you ahve been injured while in your car and you are not sure whether you are entitled to PIP beneifts, contact a knowledgeable Palm Beach County car accident attorney who knows how to apply the causation standard and can determine whether you have the right to recover PIP benefits.  There are instances where you can get PIP benefits but not uninsured motorist benefits. 

Disability and Death Benefits Under Your PIP Insurance in Palm Beach County: Part II

The required death benefit under Florida law are $5,000 per individual. These can be paid to the executor/administrator of the estate, to any of the deceased's relatives by blood or marriage or any other person the insurer finds equitably entitled to the money.  An attorney is not supposed to charge to collect the death benefit unless the insurer  contested the claim and the claimant had to take legal action to recover the benefit, then the attorney may seek fees from the insurer if the claimant is succesful.  Contact a knowledgeable car accident attorney if a you or relative has been involved in a Palm Beach County car accident to determine what your disability or any potential death benefits may be.

Disability and Death Benefits Under Your PIP Insurance in Palm Beach County: Part I

Under Florida law, disability benefits of 60% are required for loss earning capacity from inability to work and cost of having to hire someone else to do ordinary and necessary services that the injured person cannot because of injuries sustained in a Palm Beach County car accident.  Disabilty benefits are not calculated just as the lost salary the injured suffered from not being able to work but rather the loss of earning capacity in addition to loss of gross income.  If the claimant dies, the coverage for loss of income or earning capacity is no longer available.  If the insured's medical premiums are paid by their employer as part of their gross salary, then they are entitled to 60% of that amount too.

What are My Medical Benefits Under Florida No-Fault (PIP) to be Paid in My West Palm Beach Car Accident?

Florida statute requires 80% of all reasonable expenses for necessary services to be paid by the insurance carrier.  If the case goes to trial, all that is required from the PIP (personal injury protection) claimant is testimony that the jury will have to decide are reasonable and necessary expenses.  The Florida court are more interested in the testimony of the plaintiff than medical doctors on this point and the plaintiff bears the burden of proof.  If you recevie Medicare, there are specific statutes that deal with the allowable fees under Medicare Part B.  If you have been injured in Palm Beach County car accident, call an auto accident attorney who can explain to you how you will get your medical bills paid and who will help you focus on recovering from your injuries rather than how am I going to pay for all of this!

What Happens When Your Treating Health Care Provider Aggravates Your Injury?

Sometimes your treating health care provider may cause aggravation the injury you already sustained in your  Palm Beach County car accident.  However, the initial tortfeasor (the person who first caused your injury), is still liable for those injuries.  The initial tortfeasor can't file a 3rd party claim agaisnt the health care provider for indemnity but they can file an action for subrogation against the doctor who aggravated the injury.  The defendant must properly plead non-party negligence as an affirmative defense.  Joint and several liability cannot be applied in a situation such as this. In one case, the court determined that when the plaintiff sues the first of two successive tortfeasors and establishes liability but the jury can't apportion between the two, the initial tortfeaso is liable for the whole injury.  Some accident cases may become more difficult if there has been aggravtion to an injury caused by a treating doctor. Call an experienced Palm Beach County car crash attorney to insure your rights and legal interest are protected and that you receive the compensation you are entitled to.