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Naples Personal Injury Attorney > Blog > Auto Accident > How Long Does an Insurance Company Have To Investigate a Claim?

How Long Does an Insurance Company Have To Investigate a Claim?

How long does an insurance company have to investigate a claim

Filing an insurance claim can give you much-needed financial relief after an accident. Depending on your policy and the accident, insurers may cover medical bills, property damage, and a percentage of lost income. But if your accident claim takes longer than expected, you may wonder, “How long does an insurance company have to investigate a claim?”

In Florida, it depends on the type of insurance.

Whose Insurance Applies in an Accident?

In many accidents, the at-fault party must pay your medical bills and property damage. For example, if you slip and fall at a store in dangerous conditions, you would file a claim against the owner’s liability insurance. Similarly, homeowner’s policies typically cover injuries due to negligence at private residences.

Car accidents in Florida work differently. Because it is a no-fault auto insurance state, you must file injury claims with your insurer — no matter who caused the accident. All Florida drivers must carry a minimum of $10,000 of personal injury protection (PIP). PIP covers 80% of necessary medical expenses and 60% of lost wages.

Certain circumstances allow you to file a claim against the at-fault driver’s insurance. These include medical bills over $10,000, significant or permanent injuries, or the death of another person. 

What Does the Insurance Claims Process Involve?

No matter what insurance you bring a claim with, the process typically involves the following:

Filing

  • Notifying the company of the accident
  • Submitting a proof-of-claim form
  • Providing a copy of the police report and other relevant documentation

Investigation

The insurance company will attempt to verify the details of your accident, who caused it, and how much compensation you need. Insurance adjusters may do the following:

  • Look at photos of the damage
  • Visit the accident scene
  • Read the police report
  • Examine your medical records, accident-related bills, and proof of lost income (with your permission)
  • Interview you, other involved parties, and any witnesses
  • Review your social media for information about your accident and injuries
  • Accept or deny your claim

Always speak with an attorney before allowing access to medical records or making a signed or recorded statement.

Settlement Negotiations

If the insurer doesn’t agree with your full claim amount, they may offer less. You do not have to accept a low initial settlement offer. Settling forfeits your right to sue for more compensation. Whether you are considering accepting an offer, negotiating for a higher amount, or going to court, an accident attorney can work to maximize your claim.

How Long Does an Insurance Company Have To Investigate a Claim in Florida?

The time frame an insurer has to investigate in Florida depends on the type of insurance. For PIP coverage, insurance companies must pay or deny the claim within 30 days. For all other types, insurers must complete claims within a “reasonable amount of time.” 

Multiple factors can extend the length of the investigation, including the following:

  • Delay in receiving the required information
  • Difficulty determining fault
  • Large settlement amounts, such as for wrongful death
  • Extended negotiations or stalling tactics

Even with a complex claim, you have the right to an efficient resolution. If you believe the insurance company is acting unethically or illegally, you may be able to file a bad faith claim. A Florida accident attorney can explain your rights in this situation.

Need Help With Your Insurance Claim?

The answer to “How long does an insurance company have to investigate a claim in Florida?” depends on the type of insurance. Regardless, you have the right to a timely resolution.

If you need assistance negotiating with an insurer or filing a claim, The Law Offices of Marc L. Shapiro, P.A. can help. Call 239-500-5000 or contact us online for a free consultation.

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