While you can still sue an insurance company for a car accident if Florida HB 837 gets passed, it will admittedly complicate matters. The bill would make it difficult for injured claimants in Florida to sue insurance companies for bad faith insurance practices. If passed, the bill could empower insurance companies to deny more claims and otherwise drag out the financial recovery process.
If you want to pursue damages after a car accident, you should consider connecting with a lawyer at your earliest convenience. They can assess how HB 837 relates to your case and pursue what you deserve.
You Can Still Sue An Insurance Company After A Car Accident In Florida
As Floridians await the passage of HB 837, they may have many concerns about who they can sue following car accidents. While collision claimants can still sue insurance companies, based on the circumstances of their cases, they can also file suits against:
- Government agencies
- Product manufacturers
- Negligent motorists
How Florida HB 837 Affects Drivers In Florida
According to the Florida House of Representatives Staff Analysis, HB 837 could:
Base The Standard Of Care You Receive On Current Medicare Rates
As the law currently stands, you could seek compensation for the full cost of your healthcare expenses after a crash. Yet, if HB 837 passes, you can only seek compensation at the Medicare rate. This could leave you with out-of-pocket expenses even after your case resolves.
Affect Your Right To Sue Your Insurance Company For Bad Faith
Some insurance companies purposefully employ bad faith insurance practices to discourage people from seeking compensation. When this happens, claimants can sue and recover damages based on breach of contract. However, if HB 837 gets passed, suing an insurer can become complicated.
Modifications this bill makes to the “bad faith” framework include:
- Allowing insurance companies to avoid third-party bad faith liability
- Asserting that an insurer’s negligence doesn’t constitute bad faith
- Allows the insurer to limit liability when several claimants file a claim
In the aftermath of a serious collision, the last thing you want is to deal with an uncooperative insurance company. By hiring a lawyer, you entrust your case’s outcome to a professional who cares.
Make Florida A Fault-Based State
Currently, Florida has a pure comparative negligence system. Sometimes called a “no-fault system,” this means injured claimants can seek damages regardless of who caused the collision. Florida HB 837 moves to change that. If passed, if a car accident claimant holds most fault for the accident, they cannot generally recover damages.
Reduce The Civil Statute Of Limitations
Florida Statutes § 95.11 notes that you typically have four years to file a personal injury lawsuit and two years to file a wrongful death lawsuit. This is a generous deadline when compared to some other states. However, Florida HB 837 aims to shorten the filing period for non-fatal accident lawsuits.
Under the new law, claimants would generally have two years to file a personal injury lawsuit. This could spell trouble for accident claimants whose collisions happened more than two years ago. What’s more, it shortens how long lawyers have to draft, file, and build lawsuits.
Don’t Let Florida Hb 837 Discourage You From Seeking Damages
Although Florida HB 837 could restructure the personal injury claims process, one fact remains: if you were in a collision that another party’s negligence caused, you can seek compensation. Your compensable losses could include medical bills, pain and suffering, and lost income.
You don’t have to navigate the claims process alone, either. You can partner with a car accident lawyer who can:
- Evaluate how HB 837 applies to your claim or lawsuit
- Manage all dealings with the liable insurance company
- Negotiate a settlement
- Calculate your injury-related expenses, including pain and suffering
- Offer help on a contingency-fee basis
- Investigate the collision
- File your claim/lawsuit
Personal injury lawyers stay abreast of Florida’s ever-changing laws. That way, they stay in the loop about anything that could affect their clients’ cases.
You Might Not Have To Sue
Most car accident claimants don’t have to sue to recover compensation. Instead, they file claims with insurance providers and negotiate. Still, Florida HB 837 may affect how this process works, along with the rights that insurance companies have. So, it could be in your best interest to discuss your situation with a lawyer.
Speak To An Attorney From Our Firm To Learn More About HB 837
The Law Offices of Anidjar & Levine can assist you after your car accident. Our legal team can explain how Florida HB 837 can affect your case and if you can still sue an insurance company after a car accident. In addition, we can help you navigate the legal barriers that this bill could pose.
Contact us today for a free consultation.
We Can Help.
