Unfortunately, motor vehicle accidents are a regular occurrence on the roads of Florida. According to one report, there were 1,050 accidents per day in 2022, resulting in 668 injuries per day along with 9 fatalities per day. These sobering statistics underscore the need for all motorists to carry sufficient insurance to protect themselves and others in the event of a motor vehicle accident and injuries caused therefrom. (Side bar: carry uninsured motorist insurance to protect yourself from uninsured or underinsured motorists in Florida as it is estimated the 27% of Florida drivers are uninsured).
For those injured in auto accidents, when it is the fault of the other driver, there are two main sources of recovery for damages. First, is your own Personal Injury Protection insurance. This is no-fault insurance that every driver is required to carry. It will cover up to $10,000 of your medical expenses. Second, is the insurance of the at-fault driver. In most cases, this is the primary source of recovery for your damages. Other sources could include your uninsured motorist coverage and the personal assets of the at-fault driver as well.
So, how do you find out how much insurance the at-fault party carries? In Florida, it can be relatively simple.
Fla. Stat. 627.4137 requires the at-fault driver, his insurance agent, and is insurance provider to disclose to you or your attorney any applicable insurance coverages. That statute, in its entirety, states:
(1) Each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might be made shall provide, within 30 days of the written request of the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance:
(a) The name of the insurer.
(b) The name of each insured.
(c) The limits of the liability coverage.
(d) A statement of any policy or coverage defense which such insurer reasonably believes is available to such insurer at the time of filing such statement.
(e) A copy of the policy.
In addition, the insured, or her or his insurance agent, upon written request of the claimant or the claimant’s attorney, shall disclose the name and coverage of each known insurer to the claimant and shall forward such request for information as required by this subsection to all affected insurers. The insurer shall then supply the information required in this subsection to the claimant within 30 days of receipt of such request.
(2) The statement required by subsection (1) shall be amended immediately upon discovery of facts calling for an amendment to such statement.
(3) Any request made to a self-insured corporation pursuant to this section shall be sent by certified mail to the registered agent of the disclosing entity.
This statute authorizes you or your attorney to send a letter to the insurance carrier, the driver, and the insurance agent requesting this information. The insurance provider(s) must then respond within 30 days with all of the information so requested.
Typically, you discover the name of the driver and insurance carrier through the required exchange of information that occurs at the site of the accident. As such, it is of utmost importance that you get the at-fault driver to comply with the exchange of information. In order to make certain that it is done properly, make certain that law enforcement responds to the scene as they will collect the required information as well as conduct an investigation into the cause of the crash. This information can prove invaluable for your case.