Insurer denied your auto claim, lowballed the repair, or refused to total your vehicle? We make Florida carriers honor what your policy actually covers.
Auto insurance disputes are the most common consumer insurance fight in Florida. Carriers undervalue totaled vehicles, lowball repair estimates, deny diminished value claims, fight rental car coverage, delay PIP medical payments, and refuse to pay comprehensive losses. Most disputes do not need a lawsuit; they need leverage. Ilabaca Law represents Florida drivers whose auto claims have been denied, materially underpaid, or stalled past the statutory deadlines.
Total loss valuation. The carrier offers less than your vehicle is worth. We rebuild the valuation with comparable-sale data, certified pre-owned listings, and third-party valuation tools.
Repair estimate gap. The body shop's estimate is significantly higher than the insurer's. We supplement with OEM-versus-aftermarket parts analysis, refinish operations the carrier omitted, and structural-integrity arguments.
Diminished value. Florida recognizes diminished value claims after a third-party at-fault accident. We document the inherent loss in market value with appraisals and pursue it separately from physical damage.
PIP / no-fault disputes. Florida's PIP system covers $10,000 in medical and lost wages regardless of fault, but carriers regularly delay or deny treatment. We pursue PIP benefits, fee-shift attorney's fees, and bad-faith exposure where warranted.
Comprehensive denials. Theft, vandalism, hail, flood, and storm damage are often denied for "lack of documentation." We rebuild the file and force engagement.
Every Florida driver carries Personal Injury Protection (PIP) coverage of at least $10,000 under the state's no-fault system. PIP pays 80% of medical expenses and 60% of lost wages regardless of fault, but with critical conditions: medical treatment must begin within 14 days of the accident under Fla. Stat. § 627.736, and only "emergency medical conditions" qualify for the full $10,000 limit. Miss the 14-day rule and PIP coverage is reduced to $2,500. Carriers regularly deny PIP claims based on the 14-day rule or "emergency medical condition" findings; both are often legally wrong.
Auto claim attorneys who push back when carriers underpay or deny.
Auto claims typically turn on four levers:
For total losses, we pull comparable-sale data and certified pre-owned listings. For repairs, we supplement the estimate with OEM parts pricing and refinish operations.
Florida law allows diminished value claims after third-party at-fault accidents. We document inherent loss with appraisals and pursue it separately.
The 14-day rule, EMC determination, and IME process all create denial leverage for the carrier. We push back with medical records and legal analysis.
When the carrier fails to act in good faith, Florida law provides a separate cause of action with extra-contractual damages.
Medical treatment must begin within 14 days of the accident or PIP coverage is barred. Only "emergency medical conditions" (EMC) qualify for the full $10,000 limit; without an EMC determination, PIP is capped at $2,500.
Auto insurance disputes (contract claims) generally have a 5-year statute of limitations from breach. Negligence-based claims (against an at-fault driver) have a 2-year statute under HB 837 for accidents after March 24, 2023.
When an auto carrier denies, delays, or lowballs without a reasonable basis, Florida law provides a separate cause of action with extra-contractual damages and attorney's fees.
We start by reading the auto policy and the carrier's denial or offer. We then rebuild valuation with independent appraisal, supplement repair scope with body-shop and OEM data, and document PIP compliance with medical records. Where appraisal is available (most Florida auto policies include an appraisal clause for physical damage disputes), we invoke it. If the carrier stalls or underpays, we litigate and pursue bad-faith remedies as permitted.
Carriers count on drivers settling fast and accepting the first offer. Your best leverage is getting a lawyer involved before you sign a release. Attorney Nicholas Ravinet builds evidence-driven files, protects the statutory deadlines, and negotiates from a position of proof.
Start your free case review today. Send us the denial or offer letter and we will tell you exactly where the case stands.
Every auto claim is different. The best answers come from looking at the policy, the carrier's offer, and your accident documentation. Contact Ilabaca Law for a free, no-obligation review and clear next steps.
Yes. Total loss valuations are calculated using third-party tools (CCC, Mitchell, Audatex) that often miss vehicle-specific factors: certified pre-owned status, recent repairs, low-mileage premiums, and comparable-sale data in your specific market. We rebuild the valuation with independent appraisal and Florida-market comparables and force the carrier to engage with the actual value, not the algorithm output.
Diminished value is the loss in market value a vehicle suffers simply because it has been in an accident, even after perfect repair. Florida courts recognize diminished value as a recoverable element after third-party at-fault accidents. The third-party carrier (the at-fault driver's insurer) is generally responsible for diminished value; your own carrier is not, in most circumstances. We document diminished value with certified appraisals.
Often no. Fla. Stat. § 627.736 requires medical treatment to begin within 14 days of the accident, but the rule has exceptions and the denial is sometimes legally wrong. We review the medical timeline, ER and urgent-care records, and any related treatment to identify whether the 14-day requirement was actually met. Many 14-day denials reverse on closer review.
An EUO is a sworn statement the carrier can require under most Florida auto policies, particularly in PIP and theft claims. Refusing without legal basis can void coverage. But the EUO is high-stakes and what you say will be used against the claim. Get counsel before going in; we prepare clients, attend with them, and protect the file.
Most Florida auto policies include an appraisal clause that lets either side demand a binding third-party appraisal of physical damage. We invoke appraisal when the gap is significant; the body shop's pricing usually wins. We also supplement with OEM-versus-aftermarket parts analysis and refinish operations the carrier may have omitted.
Auto insurance contract disputes have a 5-year statute of limitations from breach (typically the denial or final offer). PIP-specific deadlines are shorter. Negligence claims against an at-fault driver have a 2-year statute under HB 837 for accidents after March 24, 2023. Earlier policy-specific deadlines may also apply; call us before assuming any clock has run.
Yes, under Fla. Stat. § 624.155. Bad faith arises when the carrier fails to settle a covered claim it reasonably should have settled. Common triggers include unreasonable delay, lowball offers without fact basis, and failure to communicate. The bad-faith remedy includes the full underlying loss, consequential damages, and attorney's fees, often more than the policy limit.
Nothing up front. Auto insurance cases are handled on a contingency-fee basis, with no attorney's fees unless we recover for you. Florida law also shifts attorney's fees onto the insurer in many bad-faith outcomes.
…and every county in between. Florida-only practice, statewide reach.
Florida deadlines are short. Get a free case review and a straight answer on what your claim is actually worth.
