Legal Question in Personal Injury in Florida

Bad faith claim

What specific circumstance must be present to be able to bring a bad faith claim against the ins co that insures the person who caused my injury and stand a chance of winning? I was told that I should consider this action because Allstate will only offer me $3,000 for a herniated disc, possible fibromyalgia, sciatica, constant lower extremity numbness and pain, all over body pain, and a 5% PIR. The rating was given ten months ago before my condition reached the point of now being tested for fibromyalgia. Allstate only has $10,000.00 BI and I have tried since 4/21/01 D/A to negotiate with them but they will not move off $3,000.


Asked on 11/12/03, 8:15 pm

2 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Bad faith claim

Waiting 2+ years and getting a lowball offer must be frustrating. Allstate does this routinely. You need a lawyer willing to take your case and persue it aggressively offerring to settle for policy limits with the threat of a jury verdict in excess of policy limits. You should be warned of the possibility of an Offer of Judgment which could make you responsible for Allstate's attorneys fees if you cannot prove a "permanent injury" within the meaning of the Florida No Fault law. Thus far, there is no Bad Faith, just the usual hard nosed insurance company tactics. You need a reality check with an experienced lawyer. If you have substantial Uninsured Motorists coverage on your car that may be an important consideration.

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Answered on 11/13/03, 10:08 am
Steven Meyer CPLS, P.A.

Re: Bad faith claim

I practice in Boca Raton. It is a complicated process to preserve a bad faith claim. You must preserve this claim by filing the appropriate form. Then you must pursue the underlying claim against the driver who hit you. If you win, you may have a bad faith case at that time against Allstate. I'd be happy to speak with you about your case. You can e-mail me directly at [email protected]

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Answered on 11/12/03, 9:44 pm


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