Legal Question in Insurance Law in Florida

Re: lost work time due to car accident

You have (or had) a "loss of use" claim. Several things are at work here. If you were paid by the other driver's insurance, then you probably signed a release and you are not likely to be able to set the release aside. If you were paid by your insurance for the damage to the car, then you need to speak with your insurance broker about coordinating with the subrogation case. That's the case that the your insurance company would file against the other driver to recover what they paid for the damage to your car. You need to take control of that case to add your loss of use damages to the claim against the other driver. Again, it's essential that you were not paid by the other driver's insurance....because the release you would have signed in that case would also have precluded a claim for the loss of use of your car. But if you did not sign a release, then you have a valid loss of use claim that should be prosecuted at the same time as the property damage claim.

Re: lost work time due to car accident

Under Florida's No-Fault laws you are eligible to receive compensation for lost wages as it relates to injuries sustained during the maintanence, use, and/or operation of a motor vehicle. I suppose you have already filed a claim for No-Fault benefits. Call your claims representative and give her/him notice of your claim for wages. Do it in writing some how. Please specify the amount of wages you lost, give your hourly wage, daily wage, ect., then advise how many days. Remember, under most insurance policies, the agreement is to compensate and insured up to 60% of his/her wages. There are some policies that may provide 80% coverage for wages or more. Depends on your policy. If you have problems getting your claim paid, please contact me immediately and I will have someone assist you further.