The Role of a “Civil Remedy Notice” in a Florida Bad-Faith Insurance Claim

If you are seriously injured in a car accident caused by a driver who either has no insurance or lacks sufficient insurance to fully compensate you, then your own auto insurance carrier may be liable for any excess damages if you have uninsured motorist (UM) or underinsured motorist (UIM) coverage, respectively. Of course, just because you have such coverage does not guarantee that your insurance company will actually pay your claim in a timely manner.

Mandatory 60-Day Notice

When your insurance company denies a kind of “first-party” UM/UIM claim in bad faith, you have the right under Florida law to sue for damages. But you must first present your insurance carrier with a “civil remedy notice” or CRN. This notice is a statutory precondition and must be presented at least 60 days before you intend to file your lawsuit.

The notice itself must identify the specific Florida law you alleged the insurance company violated, the facts and circumstances giving rise to that violation, the name of any individuals involved, and reference to any specific policy language that may be relevant.

Within the 60-day period after you present a CRN, the insurance company has the right to “remedy” your alleged violation, i.e., pay your claim.

Proving You Suffered a “Permanent Injury”

The insurance company may also push back against your CRN. For example, the insurer may claim you need to provide additional medical documentation of your alleged injury. If you fail to provide this information, it may be grounds for dismissing any subsequent lawsuit.

A recent decision from a federal judge in Tampa, Wilkins v. Progressive Select Insurance Company, illustrates how such tactics are not always successful. This case involved a plaintiff who suffered serious injuries as a passenger in a car driven by his spouse. Another driver failed to yield and executed a left turn directly into the plaintiff’s vehicle.

The plaintiff subsequently filed an uninsured motorist claim with his insurance company, Progressive. This eventually led to a first-party bad faith claim. Progressive argued the plaintiff’s CRN notice was insufficient because he failed to provide any medical records indicating he suffered a “permanent injury within a reasonable degree of medical probability” in the accident, which was the threshold for coverage. Progressive therefore moved to dismiss the case at the summary judgment stage on that basis.

The judge denied summary judgment. He said while the medical records the plaintiff provided Progressive with his CRN did not contain the specific phrase “permanent injury within a reasonable degree of medical probability,” the notice included the opinions of the plaintiff’s treating physicians that his “disability and pain” could not be “completely diminished with further conservative treatment.” A jury could conclude that was sufficient evidence to show the plaintiff sustained a permanent injury for purposes of his bad-faith claim.

Contact a Miami Car Accident Lawyer Today

Dealing with insurance companies can be a significant ordeal when you are in the process of recovering from a serious injury. Our Miami car accident attorneys can handle these issues on your behalf. Contact Pita Weber Del Prado today at 305-670-2889 to schedule a free consultation.

Source:

scholar.google.com/scholar_case?case=10463640716732477651