How To Sue an Insurance Company in Florida

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 Can I Sue My Insurance Company in Florida?

Yes, there may be many reasons an individual can sue their insurance company in Florida. To understand how an insured individual can sue the insurance company, it may be helpful to understand the relationship between the individual who purchased insurance, or the insured, and the insurance company.

At the basic level, insurance is a contract in which the insured agrees to pay a premium in exchange for the insurer providing them with coverage. If a loss occurs because of an event that was covered under the insurance policy, the insurance company is obligated to reimburse the insured from damages and losses or protect them from liability.

Because of this, it is common for lawsuits to arise when the insurance company does not protect or reimburse an individual for an incident covered under their policy or when the insurance company does not fulfill their obligation under the contract, such as wrongful repudiation or the wrongful denial of an insurance claim.

If an individual in Florida has any questions or concerns related to suing a health insurance company or filing a lawsuit against a car insurance company, they should schedule an attorney consultation. An attorney with experience handling cases in insurance law can provide much-needed assistance.

How To File a Complaint Against an Insurance Company in Florida

Before an individual files a lawsuit against their insurance company, it is important to make sure that they prepare by compiling necessary documents and then following the required processes. Even though it may seem to be an obvious step, an individual should begin by filing a claim with their Florida insurance company when a covered event occurs.

If an individual’s insurance company denies their claim or does not timely pay the claim and the individual thinks the denial was unlawful or incorrect, they can consider filing a lawsuit. Once an individual decides to file a lawsuit, they should take certain steps, including:

  • Requesting that the company provide a full copy of the policy
  • Sending a written letter to the company asking them to send a written letter outlining the denial of the claim and the reasons for the denial
    • This letter should include a demand for compensation
  • Give the insurance company a reasonable amount of time to respond to the demand
  • Request an administrative hearing about the denial
    • This step is essential, as many policies contain sections about exhausting all available remedies before an individual can file a lawsuit
      • If an individual does not take this step, their lawsuit may be dismissed

Under federal laws, insurance companies owe insured individuals an “implied covenant of good faith and fair dealing.” When an insurance company breaches this duty, the insured individual may be able to recover their claim damages as well as punitive damages in certain situations.

For more information on the requirements to sue an insurance company under Florida law, an individual should consult with a Florida lawyer.

One of the most common issues that arises with insurance companies is when they wrongfully deny a claim. It is important to be aware that there are many situations in which a denial of a claim is valid under an insurance policy.

For example, in Florida car accident claims, an insurance company may deny a claim if the insured party was grossly negligent or responsible for the accident. In the case of a home insurance claim, if the homeowner purposefully caused damage to their property to collect money, the claim can be rightfully denied.

There are several reasons which an insured individual may need to file a lawsuit against their insurance company, such as:

  • Failing to pay on time: When an insurance company does not make a reasonable effort to make a timely payment on a properly filed claim, the insured party may be able to make a bad faith claim.
    • A bad faith claim may also be filed when the company offers an unreasonable low amount to settle the claim or if the company accepts an unreasonably low amount on their behalf.
  • Failing to represent: An insured individual can file a lawsuit if their insurance company fails to defend them in a lawsuit against them as they are obligated to under the policy.
  • Breach of contract: If the company does not fulfill their obligations under the insurance policy, the insured can sue for breach of contract.

How Long Does It Take To Sue an Insurance Company?

The length of time it takes to sue an insurance company varies based on each unique case. If the case is resolved quickly, it may take a year or less.

It is common for these types of lawsuits to take at least two years or longer to resolve, especially if there are delays. The parties to the lawsuit can reach a settlement agreement that ends the case at any time.

How Much Does It Cost To Sue an Insurance Company?

How much it costs to sue an insurance company varies based on the type of case and other factors. In general, the total cost can vary anywhere from $5,000 to $50,000 or more. There are also additional costs that the client may be required to pay in addition to attorney’s fees, such as:

  • Court fees and filing fees
  • Expert witness fees
  • Administrative fees
  • Deposition costs
  • Investigation and information gathering costs

What Are Some Remedies Available in an Insurance Claim Lawsuit?

There may be various remedies that are available in insurance claim lawsuits. One of the more common remedies is monetary damages.

For example, if an individual has a successful breach of contract claim, they may receive monetary compensation for the losses they suffered due to the insurance company’s breach. In some places, including Florida, punitive damages are allowed in certain types of cases.

For example, suppose a homeowner made a proper claim under their policy for covered damage and it was wrongfully denied and delayed, the insured party may be able to recover the value of their valid claim in addition to punitive damages. Punitive damages are an additional monetary punishment meant to discourage future similar behavior.

How Can I Improve My Chances of Winning a Lawsuit Against My Insurance Company?

There are certain steps that individuals can take that will help them improve their chances of winning a lawsuit against their insurance company, such as:

  • Review and understand the policy
  • Notify the insurance company of the issue as soon as possible
  • Do not admit fault
  • Do not speculate and stick to the facts
  • Be cooperative during the process
  • Know the rough value of the claim
  • Get everything in writing and keep detailed records
  • Do not feel pressured to accept the company’s first offer
  • Hire a lawyer as soon as possible
  • Allow the lawyer to communicate with the company

It is essential to keep documentation of any correspondence from representatives of the insurance company, such as copies of letters and taking notes during phone conversations, including the individual’s name and the date.

It is important for the insured to always assume that their phone calls with their insurance company are recorded. It is also important to keep receipts and records of any of the expenses that an individual incurred due to their issue, such as repair, lost wages, and healthcare expenses.

The most important step that an individual can take to improve their chances of winning a lawsuit against their insurance company is to hire a lawyer to represent them. Insurance companies often have much more money and resources to defend claims made against them, so it is important for an individual to have legal representation.

Do I Need a Lawyer To Sue an Insurance Company?

If you are having issues with your insurance company and think you may need to file a lawsuit, it is essential to consult with an insurance attorney in Florida. Having an attorney handle your claim will ensure your claim is taken seriously and that you receive proper compensation for your issue.

In as little as 15 minutes, you can take advantage of LegalMatch’s free lawyer matching services to find a Florida lawyer who can help you with your insurance issue. If you are seeking advice, guidance on the steps to take before a lawsuit, or help filing a lawsuit in court, LegalMatch can help you find the lawyer who best fits your needs.

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