Insurance Law in Florida

[JamesSLS]

If you have an accident where a drunken pedestrian rides his bike out in front of your car and you hit him. Can your insurance company still raise your rates by 20% or more even though the state says the pedestrian is 100% at fault.

This guy is being prosecuted by the state for DUI on a bicycle and is being forced to pay me $500 restitution for the damage to my car. I was never issued a ticket. And was told that in Florida the is a percentage of fault, where I may be held liable for a percentage of this accident. There has never been a court case on my side, and the pedestrian has yet to go to trial.

The insurance company is claiming that they have the right to put this on my record. Because they paid this man $10,000 for a medical claim and $25 for his property damage.

The insurance company acted very quickly and in my opinion prematurely. I should not have to suffer for the insurance companys mistakes.

Any info would be greatly appreciated.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by JamesSLS:
If you have an accident where a drunken pedestrian rides his bike out in front of your car and you hit him. Can your insurance company still raise your rates by 20% or more even though the state says the pedestrian is 100% at fault.

This guy is being prosecuted by the state for DUI on a bicycle and is being forced to pay me $500 restitution for the damage to my car. I was never issued a ticket. And was told that in Florida the is a percentage of fault, where I may be held liable for a percentage of this accident. There has never been a court case on my side, and the pedestrian has yet to go to trial.

The insurance company is claiming that they have the right to put this on my record. Because they paid this man $10,000 for a medical claim and $25 for his property damage.

The insurance company acted very quickly and in my opinion prematurely. I should not have to suffer for the insurance companys mistakes.

Any info would be greatly appreciated.<HR></BLOCKQUOTE>


My response:

Call the Florida Insurance Commission and ask them to send you a complaint form. Depending on the actual, full and complete facts as found in their own investigation, will determine whether or not the insurance company has "acted prematurely" or in violation of the Florida insurance laws.

Good luck.

IAAL


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