There is no Florida statute outlining the timeframe in which an automobile claim must be settled. Be sure to stay in contact with the insurance company, and if no progress has been made after 30-days, submit an insurance concern with our office and we will be happy to contact your insurance company on your behalf.
If the insurance company has determined that the information on the application for insurance was incorrect or incomplete, they may rescind the coverage. That means they backdated the cancellation date as the policy was never in force and refunded all premiums paid. This action is defined as misrepresentation on the application, which can also be a third-degree felony.
When the policy is written, the complete driving record may not be immediately available, so the premium is based on the initial information provided by the applicant to the insurance company. Once the company confirms any surcharges or accidents they find, they may apply an additional premium increase to your policy as of the effective date.
When the estimated amount to repair your vehicle meets or exceeds 80% of its value, your insurer will offer payment to you for its replacement with one of like kind and quality. The vehicle will then be declared a total loss, and must be reported to the FL Department of Highway Safety & Motor Vehicles.
The FL Department of Highway Safety & Motor Vehicles (DHSMV) collects insurance information when the vehicle’s registration is obtained and/or renewed. You may make a written request for the other party’s last known insurance company’s name from the DHSMV. A copy of the accident report must be provided along with the name and address of the person submitting the request. The request may be faxed to the DHSMV at 850-617-5216 or mailed to the following address:
The Department of Highway Safety & Motor Vehicles
Bureau of Financial Responsibility
2900 Apalachee Parkway
Mail Stop 98
Tallahassee, FL 32399