Dealing With Insurers After a Florida Accident

The first call from the other insurer

Expect a call within 24 to 72 hours. The adjuster will be polite, sympathetic, and ready with a list of questions. You are not required to answer beyond confirming your identity and the date of the accident. It is perfectly acceptable — and often smart — to say: "I'm not ready to discuss the accident. Please send anything you need in writing."

Recorded statements

You are not required to give a recorded statement to the other driver's insurer. Everything you say can be transcribed, taken out of context, and used to reduce your claim. Common traps:

• "How are you feeling today?" — a casual "I'm okay, thanks" becomes evidence you weren't hurt.
• Guessing about speeds, distances, or time — inaccuracies become "inconsistencies."
• Speculating about fault — anything you say is admissible.

You may have to cooperate with your own insurer under your policy — but even then, keep it factual and brief, and consider having a lawyer present.

Quick settlement offers

An early offer usually means the insurer has calculated that closing your file now is cheaper than waiting until treatment is complete. Once you sign a release, the claim is over — even if you later need surgery. Never settle until:

• You've reached maximum medical improvement, or your doctors can reliably project future costs;
• You know your lost-wage total;
• You've factored in future care, therapy, and any permanent limitations.

Medical authorizations

Insurers routinely send broad medical authorizations that would give them access to your entire lifetime of medical records. That's not required. Any authorization should be narrowly limited to records related to the injury from this crash and a reasonable pre-accident window (usually 2–3 years) — nothing more.

Florida bad-faith rules after HB 837

Florida law lets policyholders sue an insurer that fails to settle a covered claim in good faith. HB 837 (2023) added new requirements:

• Negligence alone by an insurer is not enough — bad faith requires more;
• The claimant must act in good faith and cooperate reasonably;
• An insurer that tenders the lesser of policy limits or the demand amount within 90 days of receiving actual notice of a claim generally cannot be held liable for bad faith.

The rules are technical — but the takeaway is that pre-suit demand letters must now be built carefully to preserve bad-faith exposure. This is one area where doing it yourself is genuinely risky.