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Why won't my insurance cover all costs after a rear-end collision in Miami?

This legal question related to Automobile accident attorneys in MiamiFlorida has been answered.

Location: Miami  |  Law type: Automobile accident attorneys

I'm reaching out because I'm in a bind here with my car insurance situation and could use some advice from anyone who's been through this in Florida, particularly in Miami.

Insurance just won't pay up - what gives?

A month ago, I was stopped at a red light on Biscayne Blvd when this guy slams into the back of my car. I wasn't at fault, police report backs me up, but now my insurance company is giving me the runaround. They're saying they won't cover the full cost of the repairs because of depreciation and some other technicalities they mumbled over. The other driver's insurance is also playing dumb saying their client has minimal coverage which doesn't cover all the damages. I'm stuck with a banged-up car and a potential heap of bills. Why would my insurance not cover everything when I wasn't at fault?

  • Does the at-fault driver's minimal policy affect my coverage?
  • How can I fight my insurance's decision on depreciation?

Do I need a lawyer to deal with insurance companies?

Never thought I'd have to get legal help to deal with my own insurance, but here we are. I have full coverage, so I don't get why I'm getting less than what's needed to fix my car. It’s like I’ve been paying premiums for nothing. Is getting a lawyer involved the only way to get my insurance to pay up?

  • Has anyone successfully challenged their insurance company's payout decision without a lawyer?
  • What kind of lawyer handles cases against insurance companies?

What about my medical bills?

Oh, and to top it off, I’ve got some lingering back pain from the accident. Been to the doctor a few times, and the bills are starting to pile up. Insurance is covering some of it, but not all, claiming it's "beyond my policy limits." How do I get these guys to cover my medical expenses like they’re supposed to?

  • What can I do to ensure my medical bills are paid for after an accident?
  • Are there limits to medical bill coverage that I might not be aware of?

Honestly, I feel lost in all this legal and insurance jargon. I just want my car fixed and my health taken care of without going broke. I appreciate any help or insight you all can provide. Thanks a ton!

Commonly posted questions...

A close-up, vibrant and positive image reflecting the theme of insurance and legal advice in an accident scenario. The image should depict a professional setting, perhaps a comforting and reassuring environment of a legal or insurance office. There should be elements symbolizing protection and support, like a shield or a safety net, incorporated subtly in the decor, emphasizing the theme of security and assistance in legal matters. The colors should be realistic yet leaning towards a warm and inviting palet Is it normal for insurance to deny coverage for a hit-and-run in Atlanta?
5 months 4 weeks ago, Automobile accident attorneys, Atlanta

Legal Solution

The response provided below is specific to Automobile accident attorneys in the jurisdiction of Miami. If the response is inadequate, please submit a detailed inquiry.

Your Auto Insurance Coverage and Dispute in Miami

When dealing with an auto accident in Miami, several factors can influence the insurance payout. Your policy terms, the at-fault driver's policy limits, and Florida's specific regulations all play a critical role.

Relevant Legal Provisions in Florida

For understanding your legal situation in Miami, the following provisions are particularly relevant:

  • Florida Statute 627.737(2): Governs the conditions under which you can pursue a tort action for an auto accident in Florida.
  • Florida Statute 626.9541(1)(o): Addresses unfair claim settlement practices.
  • Florida's No-Fault Law: Requires that all drivers carry Personal Injury Protection (PIP) coverage, which pays for medical bills regardless of fault.

For detailed legal provisions, the Florida Department of Financial Services website is a good starting point, although it may not have direct links to specific statutes.

Resolving the Coverage Dispute

Given the complexity of your situation, you may consider the following steps to resolve your dispute:

  1. Review Your Policy: Understand the specific terms regarding collision coverage, depreciation, and policy limits.
  2. Claim with Your Insurer: If you have collision coverage, your insurer should pay for the car repairs up to the policy limit, minus depreciation.
  3. Underinsured Motorist Coverage: If the at-fault driver's policy is insufficient, and you have underinsured motorist coverage, this can cover the difference.
  4. Legal Consultation: Consulting with personal injury lawyers who specialize in auto accidents can provide guidance on negotiating with insurance companies or pursuing further legal action.

Cost Comparison of Legal Services

The following table provides a snapshot of average legal service costs in Miami compared to national averages:

Service in Miami Average Cost Difference from National Average
Auto Accident Lawyer Consultation $350/hr +15%
Personal Injury Representation $2,500 +20%
Mediation Services $200/hr +10%
Legal Documentation Handling $500 +5%
Filing a Lawsuit $1,500 +25%

Legal fees can vary widely based on the case's complexity, the attorney's experience, and the anticipated length of litigation or negotiation. Miami's legal market may demand higher prices due to the high cost of living and the competitive market for legal services.

The Complexity of Insurance Claims and Legal Action

Case Study 1: Minimal Coverage Disputes

A client with underinsured motorist coverage can file a claim under their own policy. If the insurer disputes the claim, mediation might be a suitable first step. If unresolved, litigation could be considered.

Case Study 2: Depreciation and Repair Costs

A client's vehicle is deemed to have depreciated, reducing the payout. An independent appraisal could challenge the insurer's valuation. Negotiation or arbitration can follow if the appraisal is favorable.

Case Study 3: Medical Expense Coverage

When an insurer refuses to fully cover medical bills, verifying that the treatment falls within covered expenses is crucial. Negotiation with the insurer or seeking legal intervention may be necessary if the policy terms should cover the expenses.

Essential Questions for Further Information

  1. What specific coverage do you have? Knowing the details of your policy, including collision and comprehensive coverage, can clarify what costs should be covered.
  2. Have you filed a claim with your own insurance? It's important to know if you've already taken the first step in the insurance claim process.
  3. What is the extent of your injuries? Understanding the severity and long-term implications of your injuries can affect the compensation you may be entitled to.

Common Questions About Auto Accidents and Insurance in Miami

Q1: Can I sue the other driver if my insurance doesn't cover all the costs?

If the at-fault driver's insurance doesn't cover all damages, and your policy doesn't make up the difference, you might be able to file a lawsuit against the driver. However, the success of such a suit will depend on the driver's assets and your own uninsured/underinsured motorist coverage.

Q2: How is depreciation calculated for my vehicle?

Depreciation is typically calculated based on the age of your vehicle, mileage, condition before the accident, and the resale value. Insurance companies often use software or databases to determine a car's depreciated value, which can be negotiated or challenged.

Q3: What should I do if my insurance company is not responsive?

If your insurance company is unresponsive, you can file a complaint with Florida's Division of Consumer Services. Consulting a lawyer who specializes in insurance disputes can also provide assistance in compelling a response.

Handling an auto insurance dispute after an accident in Miami requires understanding your coverage, Florida's legal provisions, and the costs involved in potential legal services. Reviewing your policy details and consulting legal professionals can help you navigate the complexities of the insurance system.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Seeking the counsel of a personal injury attorney is paramount after vehicular accidents resulting in substantial injuries or necessitating long-term medical care. Engaging an adept attorney amplifies your likelihood of securing rightful compensation. Retaining a personal injury attorney immediately post-accident ensures you have an expert advocating for you - someone well-versed in the nuanced legal landscape and critical procedural rules that could profoundly influence your claim.

A lawyer's proficiency in this domain can often be gauged by their litigation success rate, meticulous pre-trial preparation, and adept negotiation prowess with opposing parties. While certain car accident scenarios may entail complexities around insurance coverage limits, seasoned attorneys might use the potential of litigation as leverage. Yet, more often than not, a skilled attorney can broker a settlement without resorting to court. Why engage a car accident attorney? Overlooking this crucial step could culminate in significant financial setbacks, particularly if either party involved in the accident lacks adequate insurance coverage, resulting in the insurance company disputing or denying the claim.

 The first image is a warm and inviting law office, with sunlight streaming through the windows, highlighting the rich wooden furniture and a vibrant array of indoor plants. A wall of legal books adds to the professional atmosphere. The second image is of a friendly and reassuring insurance agent’s desk, with an open policy on the desk, colorful charts on the wall illustrating different coverage options, and a bright, welcoming smile. Both scenes are devoid of caricature and reflect a professional, positive
The first image is a warm and inviting law office, with sunlight streaming through the windows, highlighting the rich wooden furniture and a vibrant array of indoor plants. A wall of legal books adds to the professional atmosphere. The second image is of a friendly and reassuring insurance agent’s desk, with an open policy on the desk, colorful charts on the wall illustrating different coverage options, and a bright, welcoming smile. Both scenes are devoid of caricature and reflect a professional, positive...

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