New Rule For Insurers Changes Things For Florida Accident Victims

In recent months, Florida has made significant changes to the time frame in which insurance companies must pay or deny claims for vehicle accident victims. Instead of 90 days from receiving notice of the accident, insurers now have 60 days in which to rule on a claim, while insurers must acknowledge ‘receipt of claim communications’ within 7 days instead of 14. However, insurers are working hard trying to find loopholes in these new regulations. If you have been injured in a commercial vehicle accident, it is crucial that you and your attorney keep them honest.

Delays Are Common

It is important to keep in mind that in general, a commercial vehicle accident investigation takes longer than that for a couple of private cars or trucks. The reason is because very often, more rules and regulations are involved in determining whether or not a commercial driver has been negligent. For example, a commercial driver in interstate commerce is subject to the Federal Motor Carrier Safety Association (FMCSA)’s Hours of Service regulations, in addition to state laws.

It is true that sometimes a delay is out of the insurer’s control – a common scenario is for law enforcement to delay in releasing the official crash report, and in accidents involving commercial vehicles, this matters extra. Florida law holds that every crash involving a “commercial motor vehicle” must have an official report, so if law enforcement delays in getting the report to the insurer, the insurer cannot investigate the crash. Regardless, it is important to be in constant contact with an insurer to prevent delays.

A Paper Trail Is Crucial

After an accident with a commercial vehicle, an injured plaintiff can quickly see the expenses pile up: lost wages, medical bills, and intangible damages like pain and suffering, among others. According to these new rules, their insurance claim must be decided more quickly than it has been in the past – but insurers, especially for large transport firms, will try to stall. A common tactic, for example, is to dispute when or if they received notice of the claim to begin with.

It is important to document every interaction, to catch delaying tactics as early as possible. Florida law does mandate significant penalties, paid as interest, if a claim is not properly handled within the time frame, but unscrupulous insurers will often try to get an injured plaintiff to drop their claim. The right attorney can help ensure that you are not pushed to that point.

Call A Tampa Commercial Vehicle Accident Attorney

If you have been injured in a commercial vehicle accident, it is important to know your rights and to know which potential obstacles may stand in your way. The Tampa commercial vehicle accident attorneys from the Rinaldo Law Group can offer experienced and knowledgeable representation during what can be a frightening time for you and yours. Call our office today to schedule a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.70131.html