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What is a direct action against the insurer?

In Pensacola and the rest of Florida, a person can sue an insurance company directly in certain circumstances following a car accident in which loss or injury occurs. The accident must have occurred within the borders of the state. The vehicle that was involved in the accident, if found at fault, must be both registered and insured in Florida.

In the instance of most accidents, the victim will sue the driver who has been found at fault. The victim may then choose to file a second lawsuit against the company that holds the liability insurance for the at-fault driver. This can only happen after a judgment has been rendered in the primary lawsuit. There is, like in any personal injury case, a statute of limitations that must be followed in a direct action against an insurer.

It is not common to be able to file a direct action lawsuit in Florida. There are, however, situations in which this type of lawsuit is permissible. For instance, if the victim is unable to resolve a claim with an insurance company, the victim may decide to file a direct action suit. Any person who believes that this type of lawsuit may be necessary should consult with an experienced attorney. These lawsuits are not things that can be undertaken alone.

If you have been involved in a car accident in Pensacola, an experienced car accident attorney can assist you in dealing with the at-fault driver’s insurance company and advise you of your legal options.

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