If you have ever lived through an accident or disaster in Florida and filed a claim against your insurance policy, you know how complicated the process can be.
Not only do you have to file your claim within the time limits specified by your policy, but you also have to navigate potential bad faith by your insurer.
Your insurance company might be acting in bad faith by failing to pay your claim or refusing to negotiate a settlement. If you think you are the victim of your insurance company’s bad faith, you have legal rights and can seek compensation.
You need to know that in Florida, there is a time limit for bringing a bad-faith insurance claim. This is known as the bad faith insurance claim statute of limitations.
In this post, the Johns Law Group team will explain some of the basics about the bad-faith insurance claim statute of limitations in Florida and help you gain a greater understanding of what to do if your insurance company has acted in bad faith.
What Is the Bad Faith Insurance Claim Statute of Limitations in Florida?
In Florida, the statute of limitations for bad faith insurance claims is typically five years. That means you have five years from the date of the accident or incident that gave rise to your claim to bring a lawsuit against the insurance company.
While you typically have five years in which to bring a claim, the statute of limitations for your insurance claim lawsuit may vary depending on the circumstances of your case.
For example, if you seek punitive damages as part of your claim, the statute of limitations may be less than five years. An experienced insurance bad faith litigation attorney can help you understand your rights and the correct statute of limitations to apply to your case.
What Is Bad Faith in Insurance?
Bad faith in insurance refers to when an insurance company acts dishonestly, unfairly, or unreasonably when handling an insurance claim made by its policyholder. In these cases, the insurer is not fulfilling its contractual obligations in good faith and is failing to treat the policyholder fairly.
This can occur in both first-party and third-party insurance contexts. Regardless of whether your Florida bad faith insurance claim is a first- or third-party claim, you must file your lawsuit within the five-year statute of limitations.
First-Party Bad Faith
This occurs when an insurance company fails to adequately handle a claim made by its own policyholder. Examples of first-party bad faith include:
- Denying valid claims,
- Causing unreasonable delays,
- Performing inadequate investigations,
- Lowballing settlement offers, and
- Failing to communicate.
When an insurance company engages in first-party bad faith practices, you can fight back. An experienced bad-faith insurance lawyer can help you get the recovery you are entitled to.
Third-Party Bad Faith
A third-party bad faith claim arises when an insurance company fails to represent you appropriately when a third party makes a claim against you. Examples of third-party bad faith include:
- Refusing to settle a claim and potentially exposing you to liability beyond the policy limits;
- Failing to provide a proper legal defense for you in a third-party lawsuit; and
- Making biased decisions that benefit the insurer at the policyholder’s expense due to conflicts of interest.
If you believe you are facing a situation of bad faith insurance, it’s advisable to consult with an attorney who specializes in insurance law to assess your options and guide you through the process.
Speak with a Florida Bad Faith Insurance Claims Lawyer Today
Contact a Florida bad faith insurance claims lawyer as soon as possible if you suspect you have been dealt with in bad faith by your insurance company.
A member of the Johns Law Group team can identify the statute of limitations that applies to your case and help you get the compensation you deserve.
Let the experienced bad faith insurance attorneys from Johns Law Group help you determine when you need to file a claim and get the maximum amount of money you deserve. Contact us now.
Jeremiah Johns is a former insurance defense attorney who now represents plaintiffs in bad faith insurance, catastrophic injury cases, and commercial disputes. He has a unique perspective from his experience representing some of the nation’s largest insurance companies.
Jeremiah is licensed to practice law in Texas, Louisiana, Florida, and Georgia (though he is presently inactive in Georgia). He is also admitted to the 5th Circuit Court of Appeals. For his education, Jeremiah earned an LL.M. in Admiralty from Tulane University, a J.D., cum laude, from Syracuse University, and both a B.A. and B.S., magna cum laude, from Georgia State University.
Loading...