You were injured in a car accident three months ago. Your insurance company’s adjuster visited once, took your statement, promised a decision “soon,” and vanished. Meanwhile, your medical bills keep arriving, your damaged vehicle sits undrivable, and your insurance company sends vague letters about “additional documentation” without explaining what they need or when you’ll hear back.
Florida law doesn’t allow insurers to stall indefinitely, lowball valid claims, or deny coverage without a legitimate reason. When an insurance company violates its duty to handle your claim fairly and promptly, that’s bad faith, and you have legal options beyond waiting and hoping.
Roman Austin handles insurance bad faith cases throughout Safety Harbor. Call for a free consultation with a Safety Harbor bad faith insurance lawyer.
Why Choose Roman Austin for Your Bad Faith Insurance Claim
Roman Austin helps injured people and policyholders who are dealing with insurance delays, denials, and unfair claim handling. When you’re trying to get a straight answer from an insurer after a car accident, the process can turn into a loop of “we need more documentation” without clarity on what’s missing or when a decision is coming.
We handle the claim process.
Insurance paperwork and adjuster back-and-forth can quickly drain your time, especially when you’re trying to recover. When you hire a lawyer, your attorney can communicate with the insurance company, organize documentation, respond to requests, and negotiate on your behalf so you’re not stuck managing the process alone.
We know Florida insurance law.
Bad faith claims in Florida are often pursued under Florida Statutes § 624.155, which requires specific steps before you can file a statutory bad faith lawsuit—including giving the insurer a chance to correct the problem after notice.
Some claim-handling deadlines exist in Florida law, but the exact timelines depend on the type of claim. For example, § 627.70131 applies to certain property insurance claims (not every auto claim) and includes written-explanation and timing requirements in that context.
If you’re dealing with delayed or denied auto insurance benefits after a car accident, or a liability insurer refusing to settle a valid claim, we can review what’s happened so far and explain what options may be available.
Free consultations, 24/7 availability.
Roman Austin offers free consultations and is available 24/7. The firm has offices in Safety Harbor, Clearwater (Belcher), Clearwater (Congress Ave) – HQ, New Port Richey, St. Petersburg, and Tampa, so you can connect with the location that makes the most sense for you.
Local presence across Pinellas County.
With offices in Safety Harbor, Clearwater, New Port Richey, St. Petersburg, Tampa, and throughout the area, we’re accessible when you need us. You’re not working with a distant firm that treats your case like a file number. We meet with clients in person, visit properties to document damage, and stay involved throughout the process.
What Insurance Bad Faith Means in Florida
Insurance bad faith occurs when your own insurer violates the obligation to treat you fairly during the claim process. You pay premiums for protection. In exchange, the insurance company must investigate your claim promptly, communicate clearly, evaluate damages honestly, and pay valid claims without unreasonable delay.
Bad faith can take many forms:
- Unreasonable claim delays — Your insurer ignores phone calls, reschedules inspections repeatedly, or “reviews” your file for months without explanation.
- Low settlement offers — The adjuster offers far less than what repairs actually cost, hoping you’ll accept out of frustration or financial pressure.
- Wrongful claim denials — The company denies coverage by misrepresenting policy language, ignoring evidence you provided, or inventing exclusions that don’t apply to your situation.
- Failure to investigate — The insurer refuses to send an adjuster, skips key damage areas during inspection, or closes your claim without examining all the evidence.
- Misrepresenting policy terms — The carrier tells you something isn’t covered when your policy clearly includes that type of damage, or pressures you to accept less by misquoting policy provisions.
- Failure to settle third-party claims — In auto liability cases, when someone injures you and their insurer refuses to pay policy limits to settle your claim, forcing you into litigation instead.
Florida Statute § 624.155 allows certain people to bring a civil action against an insurer for specific violations and bad faith conduct—after completing required notice steps. In the right case, the damages can extend beyond the amount the insurer originally owed under the policy, and the statute also addresses attorney fees and punitive damages under defined standards.
First-Party vs. Third-Party Bad Faith
First-party bad faith involves your own insurance company and your own policy. For example, you file an auto claim with your car insurance after a collision. When your insurer breaches that duty through delay, denial, or underpayment, you may have a first-party bad faith claim.
Third-party bad faith arises when someone else’s insurer refuses to settle your claim fairly. For example, another driver causes a crash that leaves you with serious injuries. Their auto liability carrier receives your demand to settle within policy limits but refuses, forcing you to file a lawsuit. If you later win a judgment that exceeds their insured’s policy limits, the insurer may face bad faith liability.
Both types require proof that the insurer acted unreasonably. A simple disagreement over claim value doesn’t automatically mean bad faith. However, patterns of delay, dishonest claim handling, or refusal to follow Florida’s statutory timelines can support a bad faith case.
Bad Faith Practices Florida Insurers May Use
Insurance companies operate under financial pressure to minimize payouts. Some handle claims fairly. Others use strategies designed to frustrate policyholders into giving up or accepting less:
- Repeated requests for “additional documentation” — You submit repair estimates, photos, receipts, and contractor invoices. The insurer asks for more documentation without specifying what’s missing or why previous submissions weren’t sufficient. The cycle repeats until you run out of patience or money.
- Unexplained denials with vague reasoning — Your denial letter cites policy exclusions in broad language but doesn’t explain how those exclusions apply to your specific damage. When you ask for clarification, the company refers you back to the same vague letter.
- Ignoring contractor estimates and hiring “independent” adjusters — You hire a licensed body shop that estimates $12,000 in vehicle repairs after a crash. The insurer sends their own adjuster, who finds $4,000 in damage without explaining the discrepancy or showing their calculations.
- Claim closure without notification — You’re still gathering documentation or waiting for the adjuster’s report when you receive a letter stating your claim was closed weeks ago for “lack of cooperation” or “insufficient evidence.”
- Pressure tactics during settlement negotiations — The adjuster tells you this is the “final offer,” implies you’ll get nothing if you don’t accept immediately, or suggests hiring an attorney will only delay payment further.
- Vague “missing info” requests without clarity — The insurer keeps asking for “additional documentation” but doesn’t clearly explain what’s missing, why it matters, or what will happen next once you provide it.
Documentation of each interaction (dates, names, what was promised, what was provided) strengthens your position if you need to pursue a bad faith claim.
The Civil Remedy Notice Requirement
For most statutory bad faith claims in Florida under § 624.155, you must first file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services and provide notice to the insurer. The CRN is intended to be filed at least 60 days before bringing a statutory bad faith action and gives the insurer a chance to “cure” the alleged violation.
The CRN must include:
- Specific facts showing how the insurer violated Florida Statute 624.155 or engaged in unfair claim practices
- The legal basis for your claim
- What action you want the insurer to take
During the 60-day cure period, the insurer may address the issue. For example, by paying damages or correcting the circumstances you described. If the insurer does not cure within that window, the policyholder may be able to proceed with a statutory bad faith lawsuit (depending on the underlying claim and procedural posture).
The CRN process requires careful legal drafting. If your notice lacks specificity or cites the wrong statute, the insurer may use procedural defenses to delay or dismiss your case. An attorney experienced in Florida insurance bad faith can prepare a CRN that protects your rights and creates a clear record of the insurer’s misconduct.
How Roman Austin Handles Bad Faith Insurance Claims
We start by reviewing your entire claim file: your original policy, all correspondence with the insurer, denial letters, adjuster reports, repair estimates, photos, and any other documentation related to your claim. This review identifies patterns of delay, misrepresentation, or unfair practices that support a bad faith case.
After a claim file analysis, our bad faith lawyer does:
- Independent damage assessment — We work with licensed contractors, engineers, and public adjusters who provide accurate repair estimates based on current material costs and Florida building codes. When your insurer’s estimate is unrealistically low, an independent assessment creates leverage for settlement or litigation.
- Civil Remedy Notice preparation — We draft and file your CRN with the required specificity, citing the exact statutory violations and factual basis for your bad faith claim. This notice gives the insurer one final opportunity to pay your claim and puts them on notice that further misconduct will increase their liability.
- Negotiation during the cure period — Many insurers settle during the 60-day cure period once they realize the policyholder has legal representation and a well-documented claim. We handle all communication with the carrier and push for a resolution that covers your full damages.
- Bad faith litigation, if necessary — If the insurer refuses to cure the violation or continues bad faith conduct, we file a lawsuit seeking the policy benefits you’re owed plus additional damages for the insurer’s misconduct.
Throughout the process, we keep you informed about developments, deadlines, and strategic decisions. Having an attorney manage the case removes the burden of dealing with adjusters, responding to insurer demands, and navigating complex procedural requirements.
What Damages You Can Recover in a Bad Faith Case
Florida bad faith law allows recovery beyond the original policy limits. Available damages may include:
- Policy benefits owed — The full amount the insurer should have paid on your original claim, including damages for covered repairs, replacements, or medical expenses.
- Consequential damages — Financial harm caused by the insurer’s bad faith conduct. This can include additional living expenses during extended delays, loan interest on money borrowed to cover repairs the insurer should have paid, business income lost during claim delays, or costs of emergency repairs you had to make while waiting for claim approval.
- Attorney fees and costs — Florida Statute § 624.155 provides for recovery of damages and also addresses court costs and reasonable attorney fees in the circumstances described in the statute (for example, upon adverse adjudication at trial or on appeal).
- Interest on unpaid benefits — The insurer owes interest on claim amounts that should have been paid earlier, compensating you for the time value of money you were denied.
- Punitive damages in rare cases — Florida law places strict limits on punitive damages in bad faith cases. Under § 624.155, punitive damages generally require proof that the conduct occurred often enough to indicate a general business practice and that it was willful/wanton/malicious or in reckless disregard of the insured’s rights.
Bad faith cases require proof that the insurer’s conduct was unreasonable and caused you harm. When an insurer ignores evidence, misrepresents policy terms, delays without justification, or engages in other unfair practices, you may be able to recover damages that exceed the original claim amount.
Florida’s Insurance Claim Timelines and Deadlines
Florida law includes some timing rules, but the deadlines depend on the type of claim and the policy involved.
Civil Remedy Notice (CRN): 60-day Cure Window
For many statutory bad faith claims under § 624.155, the CRN process includes a 60-day period after notice during which the insurer may cure the alleged violation.
Property Insurance Claims: Key deadlines under § 627.70131
For certain property insurance claims, § 627.70131 includes deadlines such as:
- Written acknowledgment within 7 calendar days after the insurer receives a communication about a claim (with exceptions).
- Pay or deny within 60 days after the insurer receives notice of an initial, reopened, or supplemental property insurance claim (unless failure is caused by factors beyond the insurer’s control), plus written explanation requirements.
If your dispute involves auto insurance after a car accident, the applicable deadlines may come from different sources (policy terms and other Florida insurance rules), so the best move is to match the insurer’s conduct to the claim type and paper trail.
Statute of Limitations
Legal time limits can apply and may vary based on the type of bad faith claim and the underlying dispute. If you suspect an insurer is stalling or mishandling your claim, it’s smart to talk to a lawyer sooner rather than later.
FAQ for Safety Harbor Bad Faith Insurance Lawyer
What’s the Difference between a Claim Denial and Bad Faith?
A claim denial could constitute bad faith when the insurer denies coverage without a reasonable basis or fails to properly investigate before making a denial. Legitimate coverage disputes happen, such as in cases of ambiguous policy language, questions about the cause of damage, or disagreements over repair scope.
Can I Sue My Insurance Company for Delaying My Claim?
Maybe. Unreasonable delay can support a bad faith lawsuit if the insurer had no legitimate reason for the delay and the delay caused you harm. Before filing suit, you must complete the Civil Remedy Notice process, giving the insurer 60 days to cure the delay.
Do I Need to Win My Coverage Dispute before Filing a Bad Faith Claim?
Often, yes—especially in first-party cases. In many situations, you generally need a determination that benefits were owed (or that coverage applies) before pursuing extra-contractual bad faith damages. In third-party contexts, the issue often centers on whether the insurer had a reasonable opportunity to settle and failed to protect its insured from excess exposure.
Should I Accept My Insurance Company’s Settlement Offer?
Before accepting any offer, have an attorney review the amount against your actual damages and evaluate whether the insurer’s handling of your claim violated Florida law. Once you accept and sign a release, you typically cannot pursue additional compensation, even if you later discover the damage was more extensive than the settlement covered.
What if My Insurance Company Offers to Reopen My Claim after I Contact an Attorney?
Some insurers suddenly become cooperative once they learn you have legal representation. While this can be positive, proceed carefully. Have your attorney review any reopened claim offer to confirm it covers all your damages and that accepting it won’t waive your right to pursue bad faith damages for the insurer’s previous misconduct.
Take the Next Step With a Safety Harbor Bad Faith Insurance Attorney
If you’re stuck in delays, vague documentation requests, or a denial that doesn’t match the facts you provided, you don’t have to guess your way through the process. A lawyer can review the timeline, communications, and claim file to identify what’s missing (if anything), what the insurer is required to do next, and what options may be available if the handling crosses into bad faith.
Roman Austin handles insurance bad faith cases throughout Safety Harbor, Clearwater, Palm Harbor, Dunedin, Oldsmar, and Pinellas County. Whether you’re dealing with a delayed premises liability claim or an auto liability insurer refusing to settle within policy limits, we can review your situation and explain your legal options.
Contact Roman Austin in Safety Harbor for a free consultation. Our team is available 24/7, because insurance questions don’t wait for business hours.