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Automobile Insurance FAQs

Top 6 Common Concerns

I filed a claim 2-weeks ago and my car is still not fixed, isn’t this against the law?

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.

I accidentally ran into the back of another car and now my insurance company has denied the claim and sent me a refund of my monthly premiums. How can they do this to me?

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.

I purchased a policy from my agent more than a month ago and now my payments have increased because of an accident that happened a year ago. Why didn’t they catch this before they took my down payment?

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.

The insurance company says my car must be totaled out, but it’s still drivable and the repair shop says they can fix the dents and repaint it. How can I stop them from declaring my car a total loss?

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 person that hit my car gave the police officer incorrect insurance information. How can I find out the name of the correct insurance company?

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

I have been approached by a repair shop to assign my insurance claim to them for glass repair. Is it appropriate for me to assign my insurance claim rights?

Such agreements are generally known as ‘Assignment of Benefits’, whereby a policyholder assigns their claim benefits to someone else. For policies issued or renewed on or after 07/01/2023 by authorized insurers, such assignments for glass repair and/or calibration or recalibration of Advanced Driver Assistance Systems (ADAS) are prohibited. These assignments are considered void and unenforceable. This prohibition applies to motor vehicle glass claims including windshield claims.

Quick Links

vertical line of cars on flooded street with water almost covering tire level
Filing an Auto Claim
car accident
Automobile Insurance Overview
silver car front end damage from collision
Automobile Insurance Toolkit
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