Florida lawyers/law help please.....

[mrvette]

So under the no fault crap law Florida suffers under, we have taken a shaft for some 600 bux + my wife's suffering for a month so far.....

AND the insurance company sent a disclaimer for release of them and the car OWNER of all future liability.....in order to get our underpayment of the real losses.....

BUT the name of the DRIVER is not included....and they have two different last names.....

seems to ME we have the option to sue the bastard, and if so, at what cost?? in small claims court.....

I know collecting is a joke, but it's worth a cheep shot if possible.....

anyone BTDT???



Thanks......

[Allan]

If this is in regards to your wife's auto accident, didn't you already "lawyer up?"

[mrvette]

Originally Posted by Allan

If this is in regards to your wife's auto accident, didn't you already "lawyer up?"

One of my wife's clients for some time now, is a personal injury lawyer he and his assistant have gone over all the BS we have been through so far....at no charge....I hate to ask any more,

honestly, I suspect the guy will walk for 164 each on two tickets....328 total, not even as much as our losses because of shitty insurance....

I need to figger out how to find out when/if that happens, and meet this fellow.....

[Stangkiller]

Have you contacted your insurance? Assuming you had comprehensive, they'll take care of your car and go after the guy that hit you.

[Bill]

http://www.myfloridacfo.com/Division...on/default.htm


Take the company to mediation. I'm quite sure they will be willing to throw a few more dollars your way just to put the claim to bed. I still don't understand how the no fault works with respect to your wife's BI claim. In Texas, even with little or no specials, claimants claiming injury are going to collect a decent amount just to get the exposure stopped. I can understand why the company isn't wanting to pay a premium for a 14 year old economy car, but surely the combo of BI settlement+payment for the car ought to get you something comparable.

Even if we are just talking the value of the car, how far off are you? I'd eventually get tired of dealing with you, especially if you kept bringing problems my way, like an insurance department complaint.

MyFloridaCFO.com > Division > Consumers > Mediation > Mediation and Neutral Evaluation



Summary

Florida law provides informal alternative dispute resolution programs for certain types of insurance claims. If you have a claim dispute with your insurer, our programs may help you to resolve it prior to taking legal action. If your insurer maintains a position regarding your claim which you find unsatisfactory, mediation will allow you to sit down face to face with the company and a neutral third party mediator licensed by the Department of Financial Services (DFS) to try and resolve your differences. The mediator acts to encourage and assist in the resolution of the dispute without dictating the outcome. If you have a sinkhole claim dispute, our sinkhole Neutral Evaluation program will provide a neutral third party professional to review the findings of the insurer.

Both mediation and sinkhole neutral evaluation are non-binding. Neither the insured nor the insurance company is legally obligated to accept the outcome of the mediation conference.

The following programs are currently available:
•Automobile
•Residential Property
•Commercial Residential
•Sinkhole Neutral Evaluation Program


Gene, Texas has a Dept of Insurance that looks into consumer complaints. It looks like FL goes so far as to offer mediation service, which I am sure is mandatory for the company to participate in once you complain. We are talking about the value of a 14 year old economy car and whatever PI claim your wife has. File with FL to mediate your claim. This isn't a big dollar case. I'd bet the insurance co. overpays a bit for your 14 year old car just to get rid of the claim.



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Initiating Mediation

If you are having difficulty with your claim and are interested in one of our mediation programs, you may contact the DFS using the information listed below. Please note that the DFS may open a service request on your behalf and attempt to resolve the dispute with your insurer prior to scheduling a mediation hearing.
•Online Request: Request Assistance
•Telephone: Consumer Helpline 1-877-MY-FL-CFO (1-877-693-5236)
•Out of State Callers: (850) 413-3089
•Fax: Attn Mediation Section (850) 488-6372
•Mail: Florida Department of Financial Services, Mediation Section, Bureau of Education, Advocacy, and Research, 200 East Gaines Street, Tallahassee, Florida 32399-0322



For more information visit our Insurance Library mediation page.