Policy Limit Demand in a Personal Injury Case

Are you unsure about insurance policy limit demands in personal injury cases in Florida and how they affect your potential compensation after an accident? This comprehensive guide will explain everything you need to know. We’ll cover what policy limits are, how they impact settlements, and the key elements we include as an attorney asking for policy limits in a demand letter. Additionally, we’ll explore the benefits of working with an experienced personal injury attorney to maximize your chances of a successful policy limit demand settlement.

What Are Insurance Policy Limits in Florida?

In Florida, insurance policy limits dictate the maximum payout an insurance company will provide for a covered claim. For Florida auto accident insurance, two crucial coverages with policy limits are Personal Injury Protection (PIP) and Property Damage Liability (PDL). PIP covers your medical bills and lost wages after an accident, regardless of fault, and Florida mandates a minimum of $10,000 in coverage. However, you can opt for higher limits to ensure more financial security. Similarly, Property Damage Liability covers repairs to another person’s property if you’re at fault in a car accident. While the state requires a minimum of $10,000 in PDL coverage, you can choose higher limits to protect yourself from exceeding that amount in a serious collision.

For a homeowners or business liability policy – the limits and liability work a bit differently. But if you were injured due to the negligence of a property owner, some examples would be a slip and fall, dog bite, or deck collapse, your claim would be filed under their homeowners or property owner’s liability policy. The amount of liability coverage a policy has can vary – from less than $100,000 to millions of dollars.

In some cases, the at-fault party may have a liability umbrella policy that could apply. In Florida, an umbrella policy provides additional liability coverage that steps in after the limits of the primary insurance policies are reached. These primary policies may include homeowners, renters, condo, boat, or auto insurance, all offered in Florida. This can further complicate an already complex situation. That’s why we recommend contacting our team of experienced liability lawyers in Florida. We’ll investigate any policy that might exist to cover the accident and ensure those opportunities are included in our policy limit demand letter.

Policy Limit Settlements in Florida

According to the policy limit settlement examples listed on this page, the average settlement for personal injury cases where we demanded policy limit settlements in Florida can range from $250,000 to $983,000. Settlements depend greatly on the unique circumstances of each case, which is why there is no accurate average settlement amount for policy limit personal injury or car accident cases in Florida.

Recent Settlements Based On Florida Policy Limit Demands

$325,000 Policy Limits Settlement

Policy Limit Demands on Multiple Policies After Auto Accident

A 59-year-old client was involved in a motor vehicle collision while traveling westbound on Hillsborough Ave. in Tampa, Florida, near the intersection of Webb Rd. The at-fault driver, traveling eastbound, made a left turn in front of our client, violating their right-of-way. This resulted in our client sustaining injuries.

Upon arrival at the hospital, the client reported pain in their wrist, shoulder, arm, and upper back. CT scans revealed a disc protrusion in the lower back. Further evaluation by an orthopedic surgeon included MRI scans of the neck, back, and wrists. A herniated disc in the neck, pressing on the spinal cord, was a particular concern. A neurosurgeon recommended surgery to alleviate pressure on the spinal cord. Due to the severity of the pain, our client underwent surgery on two levels of the cervical spine. Fortunately, the surgery was successful.

The at-fault driver’s insurance policy offered the full limit of $25,000 in bodily injury coverage after receiving our demand. Our client also held uninsured motorist coverage from two separate sources. The first company offered their $50,000 policy limits after negotiation. The second company, with a $250,000 policy limit, initially offered only $30,000. We immediately rejected this offer and continued to pursue the full limit. We filed a notice with the Department of Insurance alleging bad faith settlement practices by the second company. This action ultimately led them to agree to pay the full policy limit of their uninsured motorist coverage. As a result, we secured a total settlement of $325,000 for our client.

$250,000 Policy Limit Settlement

Golf Cart Accident Caused by DUI – Homeowners Policy Limit Payout

A recent retiree in Florida was a passenger in a neighbor’s golf cart. Before our client entered the cart, the driver had been consuming alcohol. While under the influence, the driver lost control, causing the golf cart to roll over onto the passenger side. This resulted in our client sustaining an open leg fracture requiring surgery.

Following a thorough investigation of available insurance coverage, we identified the driver’s homeowner’s policy as applicable. Based on the driver’s clear negligence and the severity of our client’s documented injuries, the homeowner’s insurance company offered their full policy limit of $250,000. This offer likely stemmed from their concern over potential litigation if our demand wasn’t met promptly. The insurance company presumably concluded that settling within policy limits was preferable to defending a lawsuit. Our client was satisfied with the settlement amount and the case’s swift resolution.

$983,077.05 Policy Limit Settlement

Car Accident – Rear End Accident – Back Surgeries

Our client traveling eastbound and was stopped for traffic ahead. The vehicle behind them, driven by the defendant, failed to stop, resulting in a rear-end collision with our client’s van. The defendant claimed our client caused the accident by abruptly changing lanes and braking unexpectedly. Notably, the defendant received no citation for the accident.

Our client sought treatment at the emergency room for neck, back, and hip pain. They had a prior accident with lower back pain a few months earlier but had mostly recovered, experiencing only occasional discomfort. Doctors believed this new accident aggravated the previous injury. An MRI confirmed this, showing worsening compared to the previous one. Despite conservative treatments, surgery became necessary. Unfortunately, a post-surgical complication required additional surgery to correct a screw that shifted after surgery. Our client also underwent two hip surgeries for pain relief.

The defendant had a $1 million single limit policy from which $16,922.95 had been paid for van repairs, leaving $983,077.05 remaining. We requested the remaining policy limit, but the insurer offered only $80,000, while denying liability and claiming our client caused the accident and had pre-existing back issues. We filed a lawsuit. A detailed deposition of the defendant driver revealed their full responsibility for the collision. The insurer offered $350,000 to settle at mediation, which was rejected. They then increased the offer to $550,000. We again rejected the offer. We reiterated our demand for the remaining policy limit. The case progressed through litigation, ultimately settling for the remaining policy limit of $983,077.05 several months after mediation.

Protecting You From Bad Faith Practices During Policy Limit Claims in Florida

Florida has specific laws in place to protect policyholders from bad faith practices by insurance companies. This is necessary because insurance companies will sometimes do whatever they can to avoid paying out the limits of the policy, sometimes even violating the law. Many times, the lawyers who are negotiating on behalf of large insurance companies are not aware of Florida Law – our team is here to make sure they stay within the confines of the law, and your interests are protected. Here are some examples of what might constitute bad faith in Florida:

• Denial of a Valid Claim Without Proper Investigation: If your insurance company denies your claim entirely, especially for a seemingly legitimate reason, without conducting a thorough investigation, this could be bad faith.
• Unreasonable Delays: Florida law requires insurance companies to act promptly on claims. If your company excessively delays the claim process without justification, it might be considered bad faith.
• Lowball Settlement Offers: If the insurance company offers a settlement amount that falls significantly short of what your claim is truly worth, that could be bad faith.
• Misrepresenting Policy Coverage: If the insurance company intentionally misrepresents policy provisions to downplay coverage or deny a claim, that’s bad faith territory.
• Failure to Communicate: Not keeping you informed about the claim’s status, refusing to answer questions, or making it difficult to reach an adjuster could be signs of bad faith.

It’s important to note that these are just a few examples, and what constitutes bad faith in a policy limit claim can vary depending on the specific circumstances of your claim. If you suspect your insurance company is acting in bad faith, give us a call – we specialize in holding insurance companies accountable!

What a Policy Limits Demand Letter Should Include in Florida

A well-crafted Florida policy limits demand letter should contain several key elements to maximize your chances of a successful settlement. Our team is well versed in composing demand letters that result in the maximum settlement possible based on your injuries, losses, and ongoing needs. Here are a few elements we craft for a policy limit demand letter in Florida:

• Detailed Accident Description: We will interview you and make sure we have a solid outline regarding the incident, including the date, location, and what transpired. We will mention any contributing factors that establish the other party’s fault – this is where the police report in Florida comes in handy – anything the at-fault party was ticketed for will be included in the letter.
• Severity of Injuries and Losses: We’ll use information from you and your medical records to describe your injuries in detail, including medical diagnoses, treatment received, and any ongoing pain or limitations. We’ll include documented proof like medical bills and reports. Additionally, we will detail any lost wages, property damage, and emotional distress you’ve experienced. This is one of the reasons we encourage everyone in an accident to seek medical attention – these records are an invaluable part of our case and negotiations.
• Applicable Insurance Information: We’ll identify the at-fault party’s insurance company and policy limits. This strengthens your case by demonstrating our awareness of potential compensation. We define our expectations based on what the policy provides for the at fault party.
• Liability Explanation: We’ll also detail and clearly explain why the other party is legally responsible for your damages. We highlight any evidence, like police reports, witness statements, or traffic citations, that supports our claim under the liability portion of the at-fault person’s policy.
• Reasonable Settlement Demand: Research average settlements for similar injuries in Florida to determine a fair compensation amount. This demonstrates your understanding of the situation’s value.
• Full and Final Release Offer: State your willingness to completely settle the claim in exchange for the full policy limit payout.
• Deadline for Response: Set a reasonable timeframe for the insurance company to respond to your demand letter. This helps keep the process moving forward.
• Supporting Documentation: We’ll attach copies of relevant documents like medical records, repair estimates, police reports, and wage loss documentation to bolster your claims.

We understand – this is a lot to gather. For this reason, we always recommend at least an initial consultation with our team of expert Florida personal injury attorneys near you for guidance throughout this process. They can ensure your letter is comprehensive, legally sound, and may possibly maximizes your chances of a successful policy limit settlement.

Why You Should Work With a Florida Attorney for a Policy Limits Case

There are several compelling reasons to work with a Florida attorney for a policy limits case. A good personal injury attorney has a deep understanding of Florida’s specific laws, and opportunities for coverage – their knowledge can help you to pursue the compensation you deserve. Because of our deep understanding of the laws, and history over decades of practice, we know how to investigate and build the right case to ensure your expenses and recovery are taken care of. Negotiations with insurance companies can be tense – they don’t want to pay, whether they insure you or the at fault party. We know how to use their own policy language and coverage to craft a policy limit demand letter that gets results. We can also identify and protect you from bad faith practices. This happens more than people would expect it to – and having our team on your side, ready to step in and call out those bad faith practices, can be an invaluable asset in the negotiations. Also, because you’ve retained an attorney – all communication goes through us, reducing your stress and time investment – we’ll handle everything so you can concentrate on recovery and moving forward.

What You Can Receive from a Florida Policy Limits Demand

A successful Florida policy limits demand letter can pursue several forms of compensation, depending on the specifics of your case. Here’s a breakdown of what you might receive:

• Medical Expenses: This covers all past, present, and future medical costs associated with your injuries. It includes hospital bills, doctor visits, physical therapy, medications, and any necessary medical equipment.
• Lost Wages: You may be compensated for income lost due to your injuries, including time spent away from work for recovery, appointments, or reduced earning capacity if your injuries have long-term effects.
• Pain and Suffering: This covers the physical and emotional distress caused by your injuries. The severity and duration of your pain and suffering will be considered when determining compensation.
• Property Damage: If your personal property was damaged in the incident that led to the policy limits demand, you may be reimbursed for repairs or replacement costs.
• Loss of Consortium: If your injuries significantly impact your ability to maintain relationships with your spouse or family, you might be eligible for compensation for this loss.

It’s important to remember that the specific amount you receive in each category will depend on the severity of your injuries, the documented evidence of your damages, and the negotiation process with the insurance company. In some cases, if the damages exceed the policy limits, a Florida attorney might explore options to pursue additional compensation from the at-fault party’s assets or through an underinsured motorist policy in the case of a car accident – if you have that coverage.

Remember, working with our local team of Florida personal injury attorneys experienced in policy limits cases can significantly improve your chances of receiving the maximum compensation you deserve. Contact our office today to speak to an auto insurance dispute attorney today.

Contact a Florida PI Lawyer If You Think You Have a Policy Limits Case

If you’ve been injured in Florida and believe the at-fault party’s insurance policy limits won’t cover the full extent of your damages, don’t hesitate to contact Abrahamson and Uiterwyk, a trusted Florida personal injury law firm. We understand the complexities of policy limits cases and are committed to clear communication throughout the process. Our nearby experienced attorneys will not only fight aggressively to seek the maximum compensation possible from the insurance company, but also provide valuable insights into your legal options. Don’t navigate this challenging situation alone – Abrahamson and Uiterwyk will be by your side every step of the way, ensuring your rights are protected.