Florida is a no-fault state meaning that you have to recover damages from your insurer first. The insurance provider is legally required to handle your claim in good faith. But this may not happen which is why you need to learn about Ensurance insurance claims in Florida. A lawyer can help you understand when you can file a claim against your insurer.
The first thing a lawyer will do is to help you show that you have reached the serious injury threshold. A lawyer will also guide you through getting damages if the at-fault party is not insured.
When Can You Make a Claim Against Ensurance
You can make a claim with Ensurance if they are the insurance provider for the liable party. If the at-fault party has insurance cover, then the company may bear its liability after an accident. You have to have evidence that the liable party was negligent and that their actions caused your injuries.
This is why you may need the following:
- Medical records of your injuries after the accident
- Photographs after the accident
- Receipts of the repair cost
- Video evidence from traffic cameras
A car accident lawyer can help you gather enough evidence to make a successful claim against the insurance company. As it is a third-party claim, the insurance company does not have a duty to act in good faith. Having legal representation helps you protect your interests and negotiate a fair settlement against the company.
You can also sue the Ensurance company as their client. Your claim may get denied by the insurance company for various reasons. A denial letter from the company will outline the reasons why your claim was not accepted. Consult a car accident lawyer to understand the options available to recover damages.
You can also sue your insurance company if the liable party was not insured. Insurance policy covers have to come with uninsured motorist cover in Florida.
Steps to Take After a Car Accident in Florida
The process of making a claim begins immediately after the accident. As the plaintiff, you have the burden of proof. This means that you have to gather more evidence. For instance, call the police to the scene of the accident.
Police reports may be an essential requirement if you are making a claim for damages from Ensurance. After acquiring the police report, send it to the insurance company. Talking to a personal injury lawyer should be the second step you follow after an accident. A lawyer will provide you with crucial counsel on what to do while at the scene of the accident.
For instance, a lawyer will advise you to:
- Collect the contact information of any witnesses
- Do not apologize or say sorry to the other involved parties
- Seek medical attention
- Contact your insurance provider
A lawyer will also tell you to record every key information. Having a lawyer by your side means that you can focus on receiving treatment while they deal with the claims process. A lawyer will also help you handle the communication process with the insurance company.
Dealing with insurance adjusters is a tricky process. This is because they may ask questions that could help them limit the company's liability. Having legal representation helps you prepare for Ensurance insurance claims in Florida.
Damages You Can Recover Through a Third-Party Claim Against Ensurance
The types of damages you can recover will depend on the liable party's insurance policy. The damages usually include:
- Repair cost for your car
- Lost wages
- Cost of treatment
- Replacement costs for your car
- Expenses you have already paid out-of-pocket due to the accident
You can also make Ensurance insurance claims in Florida if you have lost a family member in a car accident. You have to be an immediate family member or spouse of the deceased to recover damages. A wrongful death lawyer can help you and your family recover damages from Ensurance and negotiate a fair settlement.
Third-party claims in personal injury cases are usually settled out of court through either mediation or arbitration. But you may have to pursue damages through a personal injury lawsuit. A car accident lawyer can help you gather enough evidence if you have to take your claim to court. Our lawyers will handle every detail of your case.
A third-party claim against Ensurance will often take some time before you can recover damages. This is mainly because the company will first consult their client and have their adjuster investigate the case. Having a personal injury lawyer by your side can help speed up the process and have your interests protected.
How Much Time Do You Have to File a Claim or Lawsuit?
If you choose to file a personal injury lawsuit, you have a deadline. The time limit is four years for personal injury lawsuits. In the event of death, you have two years to file a wrongful death lawsuit.
A lawyer can ensure that your claim begins in a timely manner.
Call a Florida Personal Injury Lawyer Today
Hiring one of our lawyers to represent you in Ensurance insurance claims in Florida comes at no upfront costs. We work on a contingency fee basis. We will examine your case and develop a water-tight plan to help you through the legal process of getting compensated.
Contact Dolman Law Group today and get a free consultation.