Mediation is available to anyone filing a claim with an insurance company for property damage for any dollar amount, or for bodily injuries up to $10,000, which includes injuries covered under PIP. Either party (consumer or insurance company) may request mediation of the claim prior to the institution of litigation or the appraisal process. The insured may have an attorney present but must notify the company in advance.
Mediation is non-binding and neither the consumer nor the insurance company is legally obligated to accept an offer that they consider unsatisfactory. If a settlement is reached, the consumer has three days in which to change their mind as long as the check has not been cashed.
Both 1st party claims (claims against your insurance company) and 3rd party claims (claims against the other party's insurance company) are eligible for mediation. The cost of mediation is $100.
Automobile Mediation is a voluntary program. If the other party chooses not to participate in mediation, the $100 fee will be refunded to the requesting party.
Auto and Personal Property Mediation Brochure
http://www.myfloridacfo.com/Consumers/Guides/Auto/docs/mediationAuto2008.pdf
Request for Auto Mediation, DFS-I0-510
MS Word – http://www.myfloridacfo.com/Consumers/Guides/Auto/docs/am_DFS-I0-510.doc
Adobe PDF –http://www.myfloridacfo.com/Consumers/Guides/Auto/docs/am_DFS-I0-510.pdf
Reference: Florida Statute 627.745 and Rule 69O-176.022