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Can Auto Insurers Deny PIP for Failing to Disclose Certain Information?

On Behalf of | Mar 27, 2021 | Firm News

After a serious auto accident, PIP coverage is essential, this is a component of your automobile insurance plan that covers the healthcare expenses associated with a car accident. PIP covers medical expenses for both injured policyholders and passengers, even if some don’t have health insurance. However, if you are not up to date with providing your auto insurer with essential information, this may cause you PIP claim to be denied.

Florida law states any that misrepresentations, omissions, concealment of facts and incorrect statements prevent recovery under a policy if they are:

(1) fraudulent;

(2) material to the risk assumed by the insurer; or

(3) the insurer in good faith would not have issued the policy or would have done so only on different terms if the insurer had known the true facts.

When applying for auto insurance, it is extremely vital to be truthful in regard to all the questions they ask you. For example, If the auto insurer asks you to list every person who you live with that is 14 or older, do it. Do this even if you reside with someone who is too young to drive, doesn’t have a driver’s license, or will never drive your car.

Update Your Personal Information with Your Insured

Time and time again we have delt with situations in which our client failed to update their personal information with their insured, causing their PIP claim to get denied. It is important to update your information with you insured on a regular basis. More specifically you should always update or disclose these 3 things:

1. Any change in address or location in which you reside

2. Any new members of the house household that are 14 years of age or older

3. And if you begin to use your vehicle for any commercial purpose.

Rideshare and Food Delivery Services

Failing to disclose that you use your vehicle for a commercial purpose such as Uber, Lyft, Uber Eats, Grub Hub or Postmates may lead to the cancellation of your personal auto insurance policy and insurance company will find out that you are driving for a ride-sharing service eventually.

Since the beginning of the pandemic, and the rise of unemployment, we have seen a surge in the number of users driving for food delivery services. If you do not disclose this to your insurance company from the time you begin driving for the service, you are at risk of having your PIP claim denied entirely if you are involved in a car accident.

Are certain Florida Auto Insurers More Likely to Deny PIP Coverage than Others?

Yes. Florida nonstandard auto insurers are more likely to deny coverage due to failing to misrepresentation or failure to disclose.

The insurers who are more likely to deny coverage in this case are:

· United Auto Insurance Company

· Infinity Insurance Company

· Imperial Fire and Casualty (RAC)

Companies that sell Florida car and truck insurance policies are more likely to let the misrepresentation slide are:

· State Farm

· GEICO

· Progressive

· Allstate

· United States Automobile Association (USAA)

· Travelers Insurance Company

· Safeco Insurance Company

· Liberty Mutual

· Esurance

· Nationwide Insurance Company

The Miami Personal Injury Lawyers at Ferrer Law, PA have represented individuals with various injuries due to automobile accidents throughout Miami-Dade, Broward, and the rest of the state of Florida. If you or a loved one were involved in a left turn collision call Ferrer Law PA at +1-305-697-2224 for a free consultation.