Having handled thousands of cases involving disputes over medical benefits, (otherwise known as P.I.P. suits), I can tell you with absolute certainty that there are insurance companies that will look at every possible angle to try to avoid payment of medical benefits due to individuals who have been involved in a car accident. Your insurance company and insurance agent are supposed to look out for your best interests, when in the unfortunate reality, sometimes they are only looking out for their own bottom line.
In this challenging economy, your agent realizes that many people are simply looking to secure the least expensive automobile insurance available in order to simply fulfill the minimum state mandated requirements. This agent may therefore sell you insufficient insurance out of concern that you may go to one of the agent’s competitors and purchase a less expensive policy from that competitor, or may not take the time necessary to make sure that all necessary information is disclosed on the insurance application. You MUST be proactive and take the time to review the insurance application to make sure the information is correct, and that all pertinent information requested is provided.
On many occasions, I have seen clients frustrated over their insurance company’s denial of their medical benefits incurred following a car accident because they did not take the time to review their insurance application. During these occasions, after a claim for medical benefits, people then often receive the insurance company’s denial of medical benefits based on a “material misrepresentation.” The most common example of the insurance company’s “material misrepresentation” defense involves the named insured failing to disclose resident relatives in the same household. It does cost more to insure an individual who resides with his wife and kids than it does to insure that same individual who resides alone, but it is imperative to purchase not only enough insurance, but also proper insurance in compliance with the information requested on the application. In Florida, there is a presumption that if you signed it, you understood what you signed. It is typically not a good excuse to respond to a material misrepresentation claim by saying “my agent did not explain that I also had to list my household family members,” when the application clearly requests that information be provided. No one expects to be in a car accident, but you need to be proactive just in case one does occur. Therefore, review your insurance application carefully to make sure all the information requested is provided accurately. We are available to answer any questions you may have and to review your insurance information with you.
