When someone is injured, Florida law has rules about providing liability insurance policy information.
Basically, Florida Statute 627.4137 requires disclosure of an insurance policy as well as disclosure of other information regarding the insurance policy. The law requires disclosure of this information from the insurer, the insurance agent or the insured within 30 days of request.
Commonly, in car accident cases, clients come in with the accident report and that accident report would list the insurance companies and policies. In other types of cases, however, there is little to no information regarding the insurance. For example, when someone slips and falls at a property, it is not possible, other than requesting the policy from the property owner or the property management company, to get that insurance information. Similarly, when someone is injured at a neighbor’s house, this statute is used to request the insurance policy of the homeowner.
Every case is different and must be judged on its merits. A good start is to get a complementary consultation regarding your accident case. The advice contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.
At Drucker Law Offices, Attorney Drucker endeavors to help all clients with with injury cases, which includes the prompt disclosure of insurance information. A proper statutory letter seeking insurance information allows the retrieval of this critical information for our clients. Fortunately, due to Florida Statute 627.4137, the insurance information is available for the client. If you have been injured in an accident, call Drucker Law Offices for a free consultation regarding your injuries at 561-483-9199.
627.4137 Disclosure of certain information required.
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.
316.062 Duty to give information and render aid.—(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.
(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1).
(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 13, ch. 91-255; s. 297, ch. 95-148; s. 84, ch. 99-248.
