Legal Question in Insurance Law in Florida

Liability claim threshold requirements on auto acc. claims

Is there a threshold law in FL. that applies to liability claims for losses suffered by the fictim of a motor vehicle accident. The claims adjuster says I dont meet threshold requirements and does not have to pay me for pain and suffering only actual out of pocket exspensess. So, is he right? or am I intitled to pain and suffering? Also, at one point he told me that because I was not a FL. resident that this law did not apply to me, then later he said that it did, and I think he is trying to con me into settling for less than I deserve. please respond asap. thank you.


Asked on 12/27/00, 10:52 am

1 Answer from Attorneys
Christopher Wigand Fenster & Faerber

Re: Liability claim threshold requirements on auto acc. claims

Yes there is a threshold requirement under Florida law. The reason is that we have a No Fault Law so you can only recover non-economic damages (pain & suffering) if you have a permanent injury, scarring or disfigurement.

Secondly, where are you a resident? Where was the policy from? Where was the accident?

Finally, of course the adjuster id trying to screw you out of money THAT IS THERE JOB!! You should be represented by an attorney. The insurance companies are in buisness for one thing and that is to make you the consumer pay as much as you can in premiums and then never pay out a claim if they can help it.

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Answered on 12/29/00, 8:59 am


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