Frequently Asked Questions:

Frequently Asked Questions:

1. I was a passenger in someone else's car and received a citation for having an alcoholic beverage in an open container. Can my insurance company raise my rates or cancel, or non-renew my policy?

According to Florida Statute 316.1936, a passenger of a vehicle is guilty of a nonmoving violation. If this is your first citation of a nonmoving, noncriminal violation, the company may not cancel, non-renew or surcharge you. However, if you change to another company, they may consider this violation as a part of the underwriting of your new policy, and you may have to pay a higher premium.

2. I was involved in an automobile accident and the other party was at fault. My company does not want to subrogate, including the amounts due on my deductible or loss of use. What can I do?

There is no requirement that your company pursue subrogation. If the company does subrogate, you may be responsible for a portion of the expenses, regardless of the outcome. If the company does not plan to pursue subrogation, you can usually file in small claims curt to recover the amounts owed. Or, you may make a claim against the at fault party's insurance policy for your out of pocket expenses.

3. I was in an accident caused by a state-owned vehicle. How do I go about resolving my claim?

You should contact the Division of Risk Management, 850-922-3120, ext. 1600, which handles the insurance claims for all state agencies.

4. My agent quoted me one price for my automobile insurance, but when I received the policy, the premiums were higher. What can I do?

You should first find out why there was a discrepancy in the quote. Sometimes information will be revealed to the company on your Motor Vehicle Record (MVR) that will require the originally quoted premiums to be changed by the company.

According to Florida Statute 627.7282, you have three options:

You may pay the increase.
You may request cancellation, but the company is entitled to earned premium based on the corrected premium. The policyholder has a period of within 10 days from receipt of the notice to cancel the policy and demand a refund of any unearned premiums, without penalty.
Do not pay, and the company will cancel your policy for nonpayment of premium.
The agent should be able to give you a satisfactory explanation for the increase in your premium. If you feel that your premium was intentionally quoted low in order to obtain your business, you should file a formal complaint with our Department.

5. I was involved in an automobile accident, and the company has not yet inspected my vehicle or authorized a rental vehicle. Isn't there a time limit on how long an insurance company can take?

At the present time, there is no Florida Statute or Department Rule, which addresses a time limit. However, seven to ten working days should be ample time for a company to inspect a damaged vehicle and authorize a rental car. Rental may not be covered unless it is approved by the insurance company.

6. Will a company cover property damage liability for rental vehicles?

Usually, but it depends upon the terms and conditions of the contract. Contact the company or agent.

7. Can an insured cancel an automobile insurance policy during the first 60 days after the effective date?

Florida Statute 627.7295 states that no policy providing coverage for PIP and property damage

liability may be cancelled by the insured during the first two months of the policy term immediately following the date of issuance or renewal except:
upon total destruction of the motor vehicle;
upon transfer of ownership;
upon replacement of the policy; or
if the insured elects to cancel because of an additional premium charge as allowed in Florida Statute 627.7282.

8. How much notice does a company have to give for cancellation of an auto policy?

For nonpayment of premium, 10 days. For any other reason, 45 days.

9. How much notice does the company have to give to cancel a binder on auto insurance?

Five days written notice.

10. Is insurance required on motorcycles?

There is no statutory requirement to purchase insurance on motorcycles, except when a driver has to prove financial responsibility due to violations or failure to pay for damages they caused in an accident. Lenders may require comprehensive and collision coverage to protect their interest.

11. What is the minimum amount of insurance required to be carried in order to comply with Florida's automobile insurance laws?

Any person who has a car in Florida for more than 90 days during the preceding 365 days, reside in Florida, be employed in Florida or have children enrolled in school in Florida, must purchase Personal Injury Protection coverage ($10,000) and Property Damage Liability Coverage ($10,000). In addition, if the insured is involved in an accident, the Financial Responsibility Law, regulated by the Department of Highway Safety and Motor Vehicles, also requires Bodily injury Liability coverage ($10,000 one person, $20,000 one accident or $30,000 combined).

12. How long does an insurance company have to settle an auto claim?

There is no specific time limit during which the company must come to a settlement agreement with an insured or a third party claimant. However, once the person and the company have agreed in writing upon an amount, the company must pay within 20 days or pay interest as provided by Florida Statute 627.4265.

13. Can any casualty agent place a policy with the Florida Joint Underwriting Association?

The agent will have to make application to the FJUA to be an authorized agent.

14. My front windshield was broken. I have comprehensive coverage with a deductible. Will I have to pay the deductible before the company pays for the replacement of my windshield?

Florida Statute 627.7288 states that the deductible shall not apply to windshield damages.