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Florida law requires that your insurance company avoid raising your premiums unless you were substantially responsible for your accident, but they do not always address this issue in good faith. If you were involved in a collision through no fault of your own, contact us at Kogan & DiSalvo to schedule a free consultation with a Florida car accident lawyer. In addition to pursuing a personal injury case on your behalf, we could ensure that your insurance carrier complies with the law and treats you fairly. We have years of experience handling the most complex personal injury matters and will work tirelessly to pursue the full scope of damages you are entitled to.
What does “substantially at fault” mean?
As noted above, state law generally prevents your insurance company from raising your rates after an accident. That exception is when you are substantially at fault for the collision–meaning you were more at fault than not. More precisely, you are substantially at fault when you were 51 percent or more to blame for the collision. Motor vehicle accidents are complex, especially when there are multiple vehicles involved. Therefore, it is not uncommon for all parties to share fault. For example, you could contribute to the fault of an accident with a speeding driver if you failed to signal a turn at an intersection.
Insurance companies have to act in good faith
Unfortunately, your carrier determines whether you were substantially at fault when deciding on your future insurance rates. They might have some flexibility in handling a claim, but they are bound to act in good faith when they do so. Good faith means upholding the terms of your insurance policy when determining fault in your accident. For example, an insurance company does not act in good faith when they raise their rates after an accident and fail to investigate what happened. The insurance carrier must make an effort to evaluate the collision and determine who was at fault.
Get help from a seasoned attorney
An attorney can thoroughly review and investigate your personal injury case. This investigation could maximize your recovery. In addition, it could also provide evidence that your insurance company is not acting in good faith—if they raised your rates. When insurance companies fail to act in good faith, they face the possibility of a lawsuit. Therefore, insurers who know that legal counsel represents you will likely assess your rates more fairly.
Call us at Kogan & DiSalvo to schedule a free case review
Dealing with insurance companies is frustrating. The law requires that they avoid raising your premiums unless you were substantially responsible for your accident, but they do not always address this issue in good faith. Our firm understands how to negotiate with insurance companies while fighting for your rights to recover fair compensation so you can focus on healing. In addition, we work on a contingency basis, so there are no upfront legal fees. Call today to schedule a free case review.
