Florida Personal Injury Blog
Legal initiatives look to halt the filing of excessive litigation by car accident lawyers following insurance claims for compensation for injuries.
Advocates of a recently introduced auto-glass lawsuit bill argue that the current system incentivizes excessive litigation by repair shops and lawyers, leading to higher auto insurance costs. State Senator Linda Stewart and Representative Phillip “Griff” Griffitts have filed versions of the reform aimed at ending unnecessary lawsuits related to windshield repairs. The bills would prohibit vendors from accepting an insurance benefits assignment for auto glass claims, and Senator Stewart’s SB 1002 would also forbid repair shops from offering incentives to customers for making an insurance claim for auto glass replacement. In addition, it would require consumers to be fully informed about the calibration or recalibration of electronic safety systems, which is required in the repair of many newer cars. According to supporters of the reform, the number of auto-glass lawsuits in Florida has increased significantly, from 591 in 2011 to over 37,000 in 2022. The Florida Tort Reform Institute’s president, William Large, views these bills as part of a larger effort to pass a tort reform plan. According to data from the Florida Department of Financial Services, 95% of the state’s auto-glass lawsuits are initiated by the actions of 20 attorneys, and a small group of repair shops is also involved in the claims litigation, say reform advocates. News source the Florida Record
INSURANCE CLAIMS FOR COMPENSATION FOLLOWING A CAR ACCIDENT
In Florida, car accident insurance claims are typically handled through the following process:
- Report the Accident: If you are involved in a car accident, the first step is to report the accident to your insurance company as soon as possible. You should provide them with all the necessary details about the accident, such as the date, time, location, and any injuries or property damage that occurred.
- Investigation: Your insurance company will then conduct an investigation into the accident to determine who was at fault. This may involve obtaining police reports, witness statements, and other evidence.
- Damage Assessment: If your car was damaged in the accident, your insurance company will send an adjuster to assess the damage and provide an estimate for repairs.
- Medical Evaluation: If you or any passengers were injured in the accident, you will need to seek medical attention. Your insurance company may also require a medical evaluation to determine the extent of your injuries and the cost of treatment.
- Settlement: Once your insurance company has completed its investigation and assessed the damage and injuries, they will offer you a settlement. This settlement will cover the cost of repairs or replacement for your car, as well as any medical expenses or other damages.
If you are not satisfied with the settlement offered by your insurance company, you may choose to negotiate for a higher settlement or file a lawsuit against the other driver if they were at fault. It is recommended to consult with an experienced car accident attorney to help you navigate the claims process and ensure that you receive the compensation you deserve
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