July 2, 2026
Florida Insurance Bad Faith Claim: A Complete Guide
After a serious car crash or injury, you expect your insurance company to help. But some Florida insurers put their profits before your recovery. They delay, deny, or lowball valid claims. When that happens, you may have a legal right to pursue a Florida insurance bad faith claim.
A Florida insurance bad faith claim lets you hold an insurer accountable when it refuses to handle your claim fairly. Under Florida Statute 624.155, insurance companies must act in good faith — they must investigate promptly, communicate clearly, and settle claims when the facts support payment. When they fail to do this — by ignoring deadlines, making unreasonable lowball offers. Or denying claims without a proper investigation — you may have grounds to sue for bad faith. These claims are separate from your personal injury case and can recover damages beyond your policy limits, including pain and suffering damages in Florida and attorney fees.
Knowing what qualifies as bad faith and how to prove it can make the difference between a fair settlement and a prolonged battle. Here is what you need to know about Florida insurance bad faith claims and how to protect your rights when an insurer acts unfairly.
Florida Insurance Bad Faith Claim: What Is Insurance Bad Faith in Florida?
When you buy insurance, you pay for a promise. You expect that if a car crash or injury happens, the firm will be there to help. In Florida, insurers must act in good faith. This means they should treat you fairly and settle claims when they can. If they fail to do this, it is called bad faith. Florida law helps people hold these big firms accountable for their acts.
The legal duty of insurers
Florida Statute 624.155 is the main law for these cases. It says that an insurer acts in bad faith if it does not try to settle a claim fairly when it had the chance. These firms have a legal duty to look out for your needs. They cannot just ignore your claim or refuse to pay for no good reason. If they do, they might be breaking the law. This duty applies to how they talk to you and how they look into the facts of your injury.
Types of bad faith claims
There are two main ways a Florida insurance bad faith claim can start. First-party claims involve your own insurance firm. This often happens with personal injury protection or uninsured motorist coverage. Third-party claims involve the firm for the person who hurt you. In these cases, the insurer might refuse to settle even when its driver was clearly at fault. Both types of claims aim to make sure insurers follow the rules and do not put their own profits over your health.
A separate legal action
It is vital to know that a bad faith claim is not the same as your injury case. A bad faith suit is a new step that targets how the insurer acted. You may need denied insurance claim help if your firm is not playing fair. These cases look at whether the firm followed the state’s trade acts. They check if the insurer used unfair tricks to avoid paying what they owe. This separate path helps you get justice when a firm breaks its promise to you.
Florida’s Bad Faith Legal Framework: Statutes and Recent Changes
Florida has strong laws to stop unfair acts by insurance firms. The main law is Florida Statute 624.155. This statute says that firms must act in good faith. They have a duty to treat you fairly. If they fail, they may be at fault for a Florida insurance bad faith claim. This means you can sue them for the losses they caused by their bad acts. Knowing these rules is the first step to getting your money.
The Civil Remedy Notice and Cure Period
You cannot sue for bad faith right away. First, you must file a formal paper called a Civil Remedy Notice. People often call this a CRN. You must send this notice to the Florida Department of Financial Services and the insurance group. The CRN lists the exact ways the company broke the law. It gives them a final chance to do the right thing. This is a key part of the legal work in Florida.
Once you file the CRN, a 60-day clock starts. This is a special “cure” time. During these 60 days, the firm can pay the claim or fix the error. If they fix the problem in time, you cannot file a bad faith suit. Many firms wait until the last minute of this time to pay. If they still refuse to pay after 60 days, you may move forward with your case.
Major Changes Under House Bill 837
In early 2023, Florida leaders passed House Bill 837. This new law brought huge changes to how people sue insurance firms. One of the biggest shifts is the “safe harbor” rule. This rule gives firms a shield from bad faith cases. If a company acts within 90 days of getting a claim, they might not be held at fault for bad faith. This makes the timing of your case very big.
The new law also puts more duties on you. You must act in good faith as well. This means you must work with the company and give them the facts they need. If you do not, it could hurt your case. These rules are hard to follow alone. A Florida personal injury attorney can help you meet these new duties. They make sure you do not miss a step that could end your claim.
Strict Time Limits for Insurance Claims
Florida law sets clear dates for how fast a firm must move. These dates help keep the work fair for everyone. First, the firm has 14 days to tell you they got your claim. They must start their search for facts within 10 days of getting your proof of loss. These early steps ensure that your file does not just sit on a desk. They must keep the case moving at a steady pace.
The next big date is at the 30-day mark. Within 30 days of getting a full proof of loss, the firm must give you a choice. They must tell you if your claim is fully covered or partly covered. They could also say it is denied or still under review. Finally, they must pay or deny the whole claim within 90 days. If they miss these dates without a good reason, they may be acting in bad faith. You should keep a log of every call and letter to track these dates.
Warning Signs of Insurance Bad Faith After a Personal Injury Claim
Filing a Florida insurance bad faith claim starts with knowing when a company crosses the line. Many people think a simple dispute over a car accident settlement is bad faith, but the law looks for clear patterns. If your insurer stops talking to you or stalls your payment without cause, they may be acting in bad faith. You should watch for these red flags to protect your rights.
Missing Legal Deadlines for Communication
Florida law sets strict rules for how fast an insurance company must react to your claim. They must acknowledge your claim within 14 days of your first message. Once you give them a proof of loss, they have only 10 days to start their work. If weeks pass without a word, they are likely breaking the rules meant to protect you.
You also have the right to know where your case stands. The company must confirm if they will cover your loss within 30 days of getting your proof of loss paperwork. They might say the claim is fully covered, partly covered, or still under review. Silence during this window is a major warning sign that they are not taking your Florida personal injury attorney‘s requests seriously.
Unreasonable Payment Delays and Lowball Offers
One of the clearest signs of bad faith is a delay in payment. Under Florida Statute 624.155, insurers must pay or deny a claim within 90 days of filing. If they miss this date, they might owe you interest on top of the settlement. Some companies stall for months hoping you will get desperate enough to take a smaller check.
Lowball offers are another common tactic used to save the company money. This happens when the insurer offers a sum far below your real pain and suffering damages in Florida. They might ignore your medical bills or refuse to look at the facts of the crash. A fair insurer should look at all your costs before making an offer.
Refusal to Investigate or Explain Denials
An insurance company cannot just say “no” without a good reason. They must conduct a full and fair search for the facts before they turn you down. If they deny your claim without looking at the police report or talking to witnesses, they are failing their duty. You should always get a clear, written explanation of why they made their choice.
Some adjusters might even misread your policy on purpose to avoid paying. They might claim a specific rule prevents you from getting help when it does not. If you feel like the company is hiding the truth about your coverage, it is time to schedule a free consultation. A lawyer can review the fine print to see if the firm is treating you fairly.
How to Prove Insurance Bad Faith in Florida
Proving a Florida insurance bad faith claim is not like a basic case. You must show more than a small error. You must show the company acted in a way that was not fair to you. To do this, you need a clear plan and the right files. Most people find that insurance firms use many tricks to save money. You must show that these tricks went too far and broke the law.
The duty to prove your case
In Florida, you bear the duty to prove the insurer acted wrong. You must show the company had no fair reason for its choice. You also must show they knew their choice was wrong or acted in a very careless way. This is a hard bar to clear. It is not enough to show that the company was slow. You must show they had no good reason for the delay.
Under Florida Statute 624.155, bad faith means the company failed to settle fairly. They had the chance to do the right thing, but they chose not to. You must show they did not put your needs first. The law tells firms to treat you with good faith. A skilled Florida personal injury attorney can help you show these facts in court.
Proof you need to win
Winning a case takes more than your word. You need proof that shows the company broke its own rules. This often starts with the policy itself. You must show how the company failed to follow its promise to you. If you need denied insurance claim help, start by looking at every letter the company sent. These letters often show that the firm did not follow the terms of your plan.
You may also need an expert witness. This person knows how insurance firms should act. They can tell the jury if the company followed the rules. They look at how the firm handled your file compared to others. This helps show if the company was truly acting in bad faith or just made a mistake. Experts often look at the claim file to see if the firm did a full check of your case.
How to save your records
To win, you must keep every piece of paper. The more proof you have, the stronger your case will be. You should save all letters and emails from the company. Make notes of every phone call, including the date and who you spoke with. These records show the timeline of your case. If a firm says they did not get a file, your notes can prove they are wrong.
You also need to save your medical files and bills. Keep proof of when you sent your claim to the firm. If the firm took a long time to answer, write down the dates. These delay records are key proof of bad faith. Keeping these files ready makes it easier for your lawyer to build a strong case. A clear file shows that you did your part and the firm failed to do theirs.
- Save all letters and emails from the insurer.
- Keep notes on every phone call and talk.
- Save all medical bills and treatment records.
- Keep a log of all delays and excuses given by the firm.
- Save your full insurance policy and any changes to it.
First-Party vs. Third-Party Bad Faith Claims: What’s the Difference?
Florida law has two main types of insurance bad faith claims. The big difference is which company acts in a bad way. You may deal with your own firm or the firm for the person who hurt you. Both must handle claims in a fair way under the law.
Your own insurance company
A first-party claim is with your own insurance firm. This often happens with personal injury protection (PIP) or uninsured motorist (UM) plans. If you were hurt in a wreck and your firm refuses to pay, they may be in bad faith. You can find more help in our guide on how to handle a denied insurance claim in Florida.
In these cases, the firm has a direct deal with you. Under Florida Statute 624.155, they must settle claims fairly when they have the chance. If they fail, they may have to pay for losses that go past your plan limits.
The at-fault party’s insurer
A third-party claim is with the firm for the person who hurt you. For example, if a drunk driver hits you, you seek money from their plan. The firm’s duty here is to the person they cover, not to you. But if they do not settle a valid claim, they can still face a bad faith suit.
These cases often start when a firm refuses to settle for a plan limit. If a jury awards more than that limit, the firm may have to pay the full sum. This helps protect the person who caused the crash from a big bill. It also helps you get the full value for your injury claim.
Comparing claim types
Each claim type has its own rules. Use the table below to see how they differ in a typical Florida insurance bad faith claim.
| Feature | First-Party Claim | Third-Party Claim |
|---|---|---|
| Company involved | Your own insurer | The other person’s insurer |
| Common coverage | PIP, UM, or MedPay | Bodily Injury Liability |
| Legal duty | Contract with you | Duty to the at-fault party |
| Main trigger | Refusal to pay you | Refusal to settle for limits |
| Potential remedy | Full claim plus fees | Full verdict plus costs |
Documentation You Should Preserve for a Bad Faith Claim
Winning a Florida insurance bad faith claim depends on the facts. You must show that the insurance company did not treat you fairly. To do this, you need a clear paper trail of everything that happened after your accident. Insurance firms often keep their own logs. You must have your own files to match theirs. If you do not have proof, it is your word against theirs. Having the right files can help you maximize your personal injury settlement by showing how the insurer failed you.
Keep a File for All Talks
Every talk you have with the insurance company matters. This includes phone calls, emails, and letters. You should save every piece of mail they send you. Keep the envelopes too. The postmark date can prove when they sent a letter. If you talk on the phone, write down the date and time. Note who you spoke with and what they said. These notes show if the agent gave you wrong info or took too long to act. You can use this to get denied insurance claim help if they try to change their story later.
- Save all letters and emails. Keep a digital and a paper copy of every message from the agent. Do not delete anything.
- Get your medical records. These files prove the value of your claim and the timing of your care. They show all doctor visits and bills.
- Keep your policy rules. Keep the full insurance policy that was active when you got hurt. This includes the rules for your coverage.
- Proof of claim filing. Save the proof that you sent your claim on time. This could be a mail receipt or email confirmation.
- Log all delays and excuses. Write down every time the agent says they need more time. Note if they ask for the same papers twice.
- Collect crash scene facts. Save photos from the crash and police reports. These show the facts of what caused your injuries.
- Record all costs. Keep receipts for out of pocket costs. This includes gas for doctor visits and repair bills.
Why Good Records Help Your Case
In Florida, insurance firms must follow specific rules. They have a duty to act in good faith when they handle your claim. Under Florida Statute 624.155, a firm may be liable if they do not settle fairly when they have the chance. Your records are the proof of their bad acts. If they lie about your policy or ignore your calls, your notes will prove it. These facts are key to holding them to the law. A strong file makes it much harder for them to deny their mistakes.
Medical records are just as vital as the insurance letters. These files show when you got care and how much it cost. They also show that your injuries are real and tied to the crash. If the insurer says your injury is old, your files will show the truth. Keeping these items in one spot makes it easy to share them with your lawyer. This helps your team build a solid case against the firm. It ensures that no detail is lost or missed over time.
Not every insurance dispute is bad faith. A simple disagreement over the value of your claim is normal. But certain behaviors cross the legal line. Here are the signs that it may be time to call a lawyer who handles Florida insurance bad faith claims.
Your claim was denied without a good reason
If the insurance company denied your claim but cannot give you a clear, written reason tied to your policy, this may be bad faith. Under Florida Statute 624.155, insurers must have a reasonable basis for denying a claim. If they made a decision without reviewing your medical records, the police report, or the facts of the crash, they may have violated their duty.
The insurer missed every deadline
Florida law requires insurers to acknowledge your claim within 14 days, confirm coverage within 30 days, and pay or deny within 90 days. If your adjuster keeps promising an answer “next week” and weeks keep passing, they may be stalling to pressure you into a lower offer. A lawyer can help you maximize your personal injury settlement by showing the court these delays.
You received a lowball offer that ignores your real costs
A settlement offer far below your medical bills, lost wages, and pain and suffering damages in Florida can be a sign of bad faith. Insurers sometimes use this tactic hoping you will accept out of desperation. If the adjuster will not explain how they calculated their offer, or if they refuse to consider your doctor’s treatment plan, legal help may be needed.
The adjuster stopped communicating
If your calls go unreturned, emails get ignored, and weeks pass with no update on your claim, the insurer may be acting in bad faith. Silence is a tactic. A good insurance company keeps you informed. A bad one hopes you give up. If you need denied insurance claim help because your adjuster has gone silent, that is a red flag.
What a Florida bad faith attorney can do for you
An experienced attorney can take over the fight with the insurance company. They can file the Civil Remedy Notice that starts the legal clock, gather expert witnesses, negotiate with the adjuster. And file a lawsuit under Florida Statute 624.155 if the insurer refuses to do the right thing. With Katie Miller’s personal experience dealing with insurance companies after her own severe accident, Injury LawStars knows the tactics insurers use and how to counter them. And because the firm works on a contingency fee basis, there are no fees unless they win your case.
If you are seeing any of these warning signs, schedule a free consultation today to discuss your case.
Frequently Asked Questions About Florida Insurance Bad Faith Claims
What is insurance bad faith in Florida?
Insurance bad faith happens when an insurer fails to handle a claim fairly and honestly. Under Florida Statute 624.155, insurers must act in good faith. If they refuse to investigate, delay payment without reason, or deny a valid claim, they may be liable for bad faith.
How do I prove bad faith insurance in Florida?
To prove bad faith, you must show the insurer had no reasonable basis for its actions and knew or recklessly disregarded that fact. Evidence includes communication records, the insurance policy, medical bills, proof of claim submission, and records of delays. Expert witnesses may also be needed.
What is the 60-day rule for bad faith insurance claims in Florida?
Before filing a bad faith lawsuit in Florida, you must serve the insurer with a Civil Remedy Notice. This gives the insurance company 60 days to cure the alleged violation. If they fix the problem within 60 days, you cannot pursue a bad faith claim. If they do not, you may proceed with the lawsuit.
What is the difference between first-party and third-party bad faith?
A first-party bad faith claim involves your own insurance company (such as PIP or uninsured motorist coverage refusing to pay). A third-party bad faith claim involves the at-fault party’s liability insurer refusing to settle a valid claim against their policyholder. Both are covered under Florida law, but the legal standards can differ.
How has Florida HB 837 changed bad faith insurance claims?
House Bill 837 (2023) introduced a safe harbor provision that protects insurers from bad faith claims if they act within 90 days of receiving notice of a claim. It also created new duties for claimants to act in good faith and cooperate with the investigation. These changes make timing and documentation more critical than ever.
What kind of damages can I recover in a Florida bad faith claim?
If you win a bad faith claim. You may recover the full value of your underlying claim (even if it exceeds policy limits), plus attorney fees, court costs, and interest. In some cases, punitive damages may also be available if the insurer’s conduct was especially egregious.
Ready to Fight Back Against Insurance Bad Faith?
If your insurance company has delayed, denied, or undervalued your personal injury claim, you do not have to accept their decision. Florida law gives you the right to hold insurers accountable when they act in bad faith. At Injury LawStars, founder Katie Miller has been where you are — she knows firsthand how insurance companies try to avoid paying what they owe. Her team understands the tactics insurers use and how to fight them.
You do not pay anything unless we win your case. That is our guarantee. Call us today at (407) 887-4690 or schedule your free consultation online. Let us review your claim and help you get the compensation you deserve.
About the Author
Katie Miller, Esq.
Managing Partner · Injury LawStars
Attorney Katie Miller was once an injury victim herself. After a car accident in 2016 that required spinal surgery and a 13-month recovery, she turned her experience into a mission: fighting for people who are hurting. With 17+ years of legal experience and over \$45 million recovered for clients, Katie brings both professional expertise and personal understanding to every case.
