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Underinsured/Uninsured Motorist Liability (UM) coverage is optional car insurance and covers the policyholder for any injuries sustained in a car accident where the other driver was at fault and either uninsured or failed to have sufficient bodily injury liability insurance to cover the policyholder’s injuries. If you have unlawfully been denied uninsured / underinsured motorist liability coverage for any reason, or have a genuine underinsured motorist liability claim against another driver, but your claim has been denied in bad faith, it is important to hire an experienced auto insurance lawyer in Tampa.
Contact the Germain Law Group at (813) 835-8888 for a consultation about your automobile insurance claim in Tampa, Florida. Attorney Michael B. Germain is knowledgeable in all areas of Florida’s insurance laws and is experienced in all aspects of uninsured or underinsured motorist liability. Call the Germain Law Group today about your auto insurance claim or claim denial throughout the areas in Hillsborough County, Pinellas County, Brevard County and Manatee County, Florida.
Underinsured / Uninsured Motorist Liability in Florida
Florida requires every driver who has a car registered in their name to carry a minimum amount of insurance under the Florida Moto Vehicle No-Fault Law (Fla. Stat. § 627.733). Any driver whose car is registered in Florida is required to continuously maintain personal injury protection and property damage liability. Additionally, under Fla. Stat. § 627.727, any insurance provider who provides bodily injury liability coverage is required to provide supplemental uninsured motor vehicle coverage. However, underinsured or uninsured motorist liability (UM) is not required and can be rejected in writing by the policyholder. This means any driver who wants this form of insurance will usually pay a higher premium on their policy in order to receive this coverage.
Certain claims are excluded from uninsured motorist liability, including if the driver’s intentional conduct contributed to their injuries arising from the accident, if they were injured in a car accident while committing a felony, or if the person operating the motor vehicle did not have permission to operate the vehicle from the owner.
Tampa UM Claim Filing Procedures
According to Fla. Stat. § 627.736, your car insurance company may require written notice of the motor vehicle accident as soon as reasonably possible after you’ve been involved in an accident. They are then required to pay benefits under the policy within 30 days for the injuries to property damage after they have received written notice of the claim.
Denial of UM Car Insurance Claims in Tampa
Insurance companies will often find a reason to avoid a policyholder’s claim under their underinsured motorist liability protection provision of their car insurance policy. These reasons can usually include the premium was not timely paid, their injury or vehicle damage was preexisting, the other driver had enough insurance to cover the claim, the claim was fraudulent, or the injury or damage was excluded under the UM policy.
If you are applying for UM coverage, some insurance providers may try to deny your coverage because another insurer has denied similar coverage to you or because you are considered a volunteer driver as defined in Florida law. These reasons for refusal to issue an insurance policy are violations of Fla. Stat. § 627.7261, and are not legally permitted.
After your application for uninsured or underinsured motorist liability insurance or your claim for uninsured / underinsured motorist liability has been denied by your insurance provider, you are entitled to receive notice from the insurance company of the denial that explains the coverage that is denied and the specific reasons for the denial of the coverage.
It is important to hire an experienced insurance attorney if your claim was wrongfully denied or your automobile insurance carrier is acting in bad faith. Upon a denial, your attorney will provide a demand letter on your behalf against your insurance provider and proceed with any necessary legal action.
Germain Law Group, P.A. | Underinsured Liability Attorney in Tampa
Contact the Germain Law Group today for a consultation about your underinsured or uninsured motorist liability claim in Hillsborough County, Pinellas County, Brevard County and Manatee County. Michael B. Germain is an experienced Tampa car insurance lawyer who will listen to the facts of your situation and help you determine the best recourse in pursuing your car insurance claim. Contact the Germain Law Group at (813) 835-8888 for a consultation about your car insurance issues throughout Central Florida, including Tampa, St. Petersburg, Clearwater, Titusville, Palm Bay, Melbourne, Bradenton and Palmetto.