Legal Question in Insurance Law in Florida

Can I sue my insurance company for "bad faith" they were aware that the driver who hit me payed her citations(admitted guilt) & they didn't submit that she paid her tickets as evidence in the arbitration(fault determination). but yet I was still at fault for the case. I can't go after her anymore because they proved I was at 100 percent fault in an arbitration. But can I sue my insurance company for neglect and bad faith. They also didn't inform me that I could have appealed the arbitration if hey were in disagreement but they obviously was ok with the arbitrators decision because they didn't inform me that I could have appealed that in 30 days. Her citation was failing to yield right away. I had a green light turning let.


Asked on 10/27/16, 12:11 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to consult with an attorney. You participated in an arbitration proceeding involving fault determination without an attorney? if so you really made a bad decision. Your insurance company was an adversary and not required to protect your interests. The determination at your arbitration likely does not estop you from pursuing the other party, it is still a question of fact. the arbitration decision may be admissible for the trier of fact. Just like her pleading guilty to the ticket. You were entitled to notice about your right to appeal the arbitration decision. You got no such notice? You really need an attorney to review all your paperwork.

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Answered on 10/27/16, 12:41 pm


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