Legal Question in Insurance Law in Florida

While at a stop, my husband's car was rear ended by a driver. His car was totaled but paid off by his insurance company because he had GAP insurance. The insurance company of the driver who hit my husband's car didnt return his calls or his insurance companies calls for 2 months, now they are wiling to pay out the max for medical because he has neck problems from the accident. But they say they cant pay anything else.

The day after the accident he immediatly went to the chiropractor and missed an important final interview for his job. Because of this he was unable to start his new job the following monday and had to wait 2 more weeks for the next training class to start.

Is the insurance company responsible for anything else besides medical? Including pay for the two weeks of work he missed? Or the negligence of not returning calls for 2 months? Please help, this has gone on way too long.


Asked on 11/06/09, 9:52 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Your insurance carrier pays for lost wages. Florida law requires a "serious injury" before any claim for pain and suffering can be made.

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Answered on 11/11/09, 9:59 am
Lesly Longa Longa Law P.A.

Yes, they are responsible for his lost wages.

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Answered on 11/11/09, 10:15 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

There is no claim for not returning calls. Whether the insurance company has liability depends on the coverage that is available and the injury that was sufferred.

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Answered on 11/11/09, 11:15 am


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