What’s the Role of Insurance in a Personal Injury Claim?

Getting hurt because of someone else’s negligence is frustrating, painful, and expensive. A slip and fall, car accident, or other personal injury claim can leave you reeling with the financial difficulties of it all. One of the aspects many people now have to deal with is insurance’s role in the whole process. You have insurance, they have insurance, and you might be dealing with the no-fault system here in Florida. How it all interacts can be confusing, but we are here to help. 

At High Stack Law, our skilled Florida personal injury attorneys know how to answer your questions and fight for the compensation you deserve. We help negotiate your claim, work with insurers, and hold the negligent party responsible for your accident. We’re here and ready to talk with you. 

What Types of Insurance Might Be Involved in My Case?

In most examples of Florida personal injury lawsuits, it is the negligent party and their insurance company that owes you compensation. This includes:

• Auto insurance for car accident claims
• Homeowners or renters insurance in premises liability cases
• Commercial liability insurance for injuries on business property
• Umbrella policies that could offer additional coverage beyond the normal amounts

Florida law requires certain minimum insurance coverages, especially for motor vehicles. However, policy limits vary widely. Even then, not all drivers carry bodily injury liability coverage, which can complicate recovery efforts.

Florida and Our No-Fault Auto Insurance System

No-fault insurance is not entirely unique to Florida, but few other states actually use this system. However, it can have a big impact on your claim. 

• Injured parties must first file a claim with their own Personal Injury Protection (PIP) insurance. This applies no matter who caused the accident.
• PIP covers up to $10,000 in medical expenses and lost wages, but not pain and suffering.
• To pursue a claim against the at-fault driver for damages beyond PIP, the injury must meet Florida’s “serious injury” threshold. 

These aspects matter. They can impact how your case moves forward and the amounts you win in a personal injury case. 

Negotiating with Florida Insurance Companies

Once a claim gets over the no-fault limit, or if it involves a non-auto accident, you can pursue compensation from wrongful party’s insurance company. This process typically involves:

• Filing a third-party claim with that insurance company
• Turning over evidence like medical records, costs, and pictures of the damage
• Negotiating a fair settlement with limits in mind

Insurance adjusters will evaluate the claim and may offer a settlement. However, these offers are often lower than what the injured party deserves. A skilled personal injury attorney can negotiate hard and, if needed, file a lawsuit to pursue full compensation.

Uninsured and Underinsured Motorist Coverage

If the at-fault driver lacks sufficient insurance, or doesn’t have any insurance, Florida drivers may rely on their own Uninsured/Underinsured Motorist (UM/UIM) coverage. This optional coverage can help pay for:

• Medical expenses
• Lost wages
• Pain and suffering

UM/UIM claims are filed with your own insurer and can be just as contentious as third-party claims. Legal representation is often essential to ensure fair treatment.

Health Insurance and Medical Liens

In some cases, injured individuals use their health insurance to cover medical treatment. While this can provide immediate relief, it may also result in medical liens. These are claims by healthcare providers or insurers for reimbursement from any settlement or judgment.

Florida law allows certain providers and insurers to assert liens, which must be resolved before the injured party receives their net recovery. A skilled attorney can negotiate lien reductions to preserve more of the settlement for the client.

Insurance Disclosure and Litigation Strategy

Florida law requires defendants in personal injury lawsuits to disclose their insurance coverage early in the litigation process. This includes:

• Policy limits
• Applicable exclusions
• Other relevant coverage details

Knowing the available insurance coverage helps attorneys assess case value, determine settlement strategy, and decide whether litigation is worthwhile.

Why Getting a Skilled Lawyer Matters

Insurance companies are not on your side. Their goal is to minimize payouts and protect their bottom line. Navigating Florida’s insurance laws, coverage disputes, and settlement negotiations requires legal expertise.

A Florida personal injury attorney can:

• Identify all applicable insurance policies
• Handle communications with adjusters
• Build a strong case for liability and damages
• Negotiate fair settlements or pursue litigation

Whether you’re handling auto insurance, premises liability, or UM/UIM claims, having a skilled advocate makes sure your rights are protected and your recovery is improved.

Learn More About Insurance, Personal Injury Cases, and Your Rights to Compensation

In Florida, insurance companies do play a major part of your personal injury case. How they interact will depend on a great many factors, including the insurer’s willingness to play fair. A skilled attorney holds everyone to account and seeks the monetary damages you are owed. 

Consult a Florida personal injury attorney at High Stack Law for help. Contact us today for a consultation of your case.