Florida  |  Insurance Law

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11/06/09, 9:52 am

Legal Question


While at a stop, my husband's car was rear ended by a driver. His car was totaled but paid off by his insurance company because he had GAP insurance. The insurance company of the driver who hit my husband's car didnt return his calls or his insurance companies calls for 2 months, now they are wiling to pay out the max for medical because he has neck problems from the accident. But they say they cant pay anything else.

The day after the accident he immediatly went to the chiropractor and missed an important final interview for his job. Because of this he was unable to start his new job the following monday and had to wait 2 more weeks for the next training class to start.

Is the insurance company responsible for anything else besides medical? Including pay for the two weeks of work he missed? Or the negligence of not returning calls for 2 months? Please help, this has gone on way too long.


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11/11/09, 9:59 am

Legal Answer


Your insurance carrier pays for lost wages. Florida law requires a "serious injury" before any claim for pain and suffering can be made.

David Slater

David P. Slater, Esq. 5154 Windsor Parke Dr. Boca Raton, FL 33496

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11/11/09, 10:15 am

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Yes, they are responsible for his lost wages.

Lesly Longa

Longa Law P.A. 511 W Bay Street, Suite 350 Tampa, 33606

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11/11/09, 11:15 am

Legal Answer


There is no claim for not returning calls. Whether the insurance company has liability depends on the coverage that is available and the injury that was sufferred.

Alan Wagner

Wagner, Vaughan & McLaughlin, P.A. 601 Bayshore Boulevard; Suite 910 Tampa, FL 33606

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