What is “ substantially at Fault ? ”
The legislative act does not define what it means to be “ substantially at fault. ” however, we can infer that being “ substantially at fault ” means to be more at blame than not ( i.e., 51 percentage ).
Consider the following scenario : another fomite headed in the lapp commission struck your cable car in the rear ( and you did not receive a quotation ). The other driver ’ second insurance company found its driver was 100 percentage at fault for the collision. Because Florida is a no-fault state, you used your PIP coverage before filing a claim with the other driver ’ mho insurance company. Your insurance company then raised your rates for using your PIP coverage. Your insurance company has not found you well at defect and has consequently breached the terms of your contract. however, if the early driver ’ second insurance company determined that both your brake lights were out, it might find you 60 percentage at fault for the collision. In this case, your insurance company is well within its rights to raise your premiums after the accident.
What is “Good Faith”?
Acting in good faith simply means your insurance company is upholding the terms of your policy. If the insurance company fails to investigate your accident and just raises your rates without an probe, we can argue the insurance company is not acting in good faith. As your representatives, our team will fight for your best interests against another driver ’ south policy company arsenic well as your own.
Raising policy Rates for Policyholders Who Were Substantially at Fault
If you were substantially at demerit for the accident based upon the indemnity company ’ sulfur file, the insurance company will see you as a higher risk. insurance companies are risk-averse. They will raise your rates to account for the increased hazard ( arsenic well as potentially to recoup some of their losses ). The factors that will determine how much your rates increase are your anterior drive history and the type of call that you or the early driver submitted. Claims can involve property entirely or both bodily injury and property. The severity of the accident and the measure of damages will besides affect the total of money the policy company needs to recoup following an accident.
As with all insurance bounty rates, other factors besides contribute to what rate you will pay, including :
- Marital status
- Credit score
- Continuity of coverage
- Vehicle specifics
- Miles driven per year
rate increases based on an at-fault accident can stay in effect for three to five years. This can quickly add up, which is why proving the other party ’ s mistake is so crucial. When we represent you after a collision, our team ’ sulfur goal is to protect you from any extra damage or fiscal troubles.
Can an Accident Have any Effect on My policy if I was not at Fault ?
It could. It depends on how frequently you are involved in accidents. frequent accidents within a fructify menstruation can cause you to lose your coverage. Florida Statutes §626.9541 ( 1 ) ( oxygen ) ( 3.c ) provides, in relevant contribution : “ An insurance company may not fail to renew a policy if the insured has had entirely one accident in which he or she was at mistake within the stream 3-year menstruation. However…this subparagraph does not prohibit nonrenewal of a policy under which the insure has had three or more accidents, regardless of fault, during the most late 3-year period. ” For example, if you are involved in three different collisions in three years and are not at mistake for any of them, your insurance company can even cancel your policy. however, if you cause two accidents in two years, your insurance company might be breaking the law if it cancels your insurance.
Our team Handles Insurance Matters in Collision Cases
After a collision with a negligent driver, the damages you experience could cause fiscal strain for you and your family. When seeking recompense for these expenses and losses, the last thing you should have to worry about is rising indemnity rates. If your insurance company raised your rates after an accident another driver caused, we can help you prove your insurance company is acting in bad faith. We can besides help you recover the recompense you deserve after suffering injuries because of another driver ’ s negligent behavior. Our team prides itself on taking care of all the legal matters while our clients focus on their early concerns. Some of the services we provide include :
- Evidence collection: We will look into your accident and collect evidence to prove the other driver’s fault and the damages you suffered.
- Claim filing: Our team will prepare and submit your paperwork.
- Communication: Speaking directly with the insurance company yourself may give the insurance adjuster opportunities to use your words against you. When all communications go through us, we can make sure your statements will not harm your claim.
- Negotiation: Beyond exchanging information between you and the insurance company, we can also handle negotiations for you. Our team knows how these companies value accident cases, so we can argue for a fair settlement.
- Court proceedings: Should going to court become necessary to protect your insurance rates and secure your recoverable damages, an attorney from our team will not hesitate to sue on your behalf.
Do You Think Your Insurer is Acting in Bad Faith ? Call Us for Help
Do not feel as though you need to deal with your insurance company alone. Call the Law firm of Anidjar & Levine today for a absolve encase consultation with one of our team members. We can discuss your lawsuit and the benefits of working with our team of Florida car accident attorneys : ( 954 ) 525-0050.