Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)

Choosing the Right Lawyer is No Accident
because they owe a money judgment. Florida is one of the best states for
protecting your assets and debtors who owe others money certainly know
that. It is a big incentive for them to be in Florida.
When you send out an inadequate policy limit letter, you’re also looking
at “bad faith.” Bad faith involves an insurance company not acting in
the best interests of their insured, when a reasonable insurance company
would do so. Florida Statute Section 624.155 (1)(b)(1) specifically reads:
“Not attempting in good faith to settle claims when, under all the
circumstances, it could and should have done so, had it acted fairly
and honestly toward its insured and with due regard for her or his
interests;”
For example, if Luke is going to be out of work for six months and his
lost wages are going to greatly surpass $10,000 on the subject policy, it’s
very obvious that the insurance company should offer the money on
behalf of their insured, Leia, to him. If they don’t offer the money to
Luke, then bad faith comes into play and there’s the possibility of
actually getting more money that exceeds the policy limits Leia has with
her insurance company. I urge you to read the statute above again. That
is the standard. What is in the best interests of their customer? What is
in the best interests of the victim? It is not “What is in the best interests
of the insurance company?”
If the insurance company doesn’t conduct themselves based on what a
reasonable person would do, then they could be on the hook for the entire
judgment a jury were to give a plaintiff. It’s very important to give the
insurance company an opportunity to do the right thing, but if they don’t,
within a certain grace period depending on the situation, then there is
potential for a “bad faith” insurance claim. Not “tendering” the limits to
the accident victim in a timely manner is the proof of “bad faith.”
Standard Demand Letters. The normal demand situation would be when
a client finishes care and treatment from an accident. If there are
adequate policy limits, your attorney sends a demand letter that
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Jeff Adelman, B.C.S., Esq.