Frequently Asked Questions and Answers
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What is a licensed Florida Public Adjuster?
A "public adjuster" is any person, who, for money, commission, or any other thing of value, prepares, completes, or files an insurance claim form for an insured or third-party claimant or who, for money, commission, or any other thing of value, acts or aids in any manner on behalf of an insured or third-party claimant in negotiating for or effecting the settlement of a claim or claims for loss or damage covered by an insurance contract or who advertises for employment as an adjuster of such claims, and also includes any person who, for money, commission, or any other thing of value, solicits, investigates, or adjusts such claims on behalf of any such public adjuster.
A public adjuster may not give legal advice. A public adjuster may not act on behalf of or aid any person in negotiating or settling a claim relating to bodily injury, death, or non-economic damages.
Please read Florida Statues Chapter 626, Part VI for further information related to legislation of Public Adjusters and the unauthorized practice of law thereof.You can reach Attorney J.P. Gonzalez-Sirgo by calling (786) 272-5841 or by emailing [email protected].
If you have already hired a licensed Public Adjuster for the filing of your insurance claim, can you still hire J.P. Gonzalez-Sirgo, P.A.?
Whether or not you have hired a licensed public adjuster, insurance claims attorney J.P. Gonzalez-Sirgo can still prosecute your insurance claim. As a matter of fact, our office routinely works with licensed public adjusters side-by-side to successfully process insurance claims, including litigation when necessary.You can reach Attorney J.P. Gonzalez-Sirgo by calling (786) 272-5841 or by emailing [email protected].
Your car was stolen several weeks ago and your insurance company still hasn't paid your stolen auto claim. What can you do?
Insurance companies make big profits every year because they specialize in either denying or underpaying insurance claims. In the case with a stolen car insurance claim, the insurance company will investigate your stolen auto claim because it may suspect that you were probably involved in the theft of your own car. Because of this, the insurance company may launch its own investigation into your personal and financial affairs which could take several months. They may request to see your bank statements and also pull your credit history in an attempt to gather evidence of financial hardship as proof that you could no longer afford your car payments and therefore participated in the theft of your own auto. This is also true when your stolen car is later recovered damaged or with missing parts. As part of their investigation, they may also request to take your examination under oath or a sworn statement.
Your car was stolen several months ago and the insurance company has not paid for the claim. You need to buy a new car, but you're stuck making monthly car payments on your stolen car until the insurance company decides to pay. You cant afford two monthly car payments at the same time, what can you do?
In order to protect your credit history, it is best to continue making car payments on your stolen auto until the insurance company pays your creditor for the value of your stolen car. If you had no choice, but to purchase a new car and could not afford to make payments at the same time on your stolen car and your credit was damaged as a sole result of your insurance company's denial of your stolen auto claim, you may have an insurance bad faith case. For a free consultation and case evaluation, please contact our office to discuss your situation in more detail.
Your insurance company underpaid your stolen car claim, what can you do?
If your insurance company incorrectly valued your stolen car and left you with substantial debt owed to your auto finance company or insufficient funds to purchase a new car in the event your car was paid-off, please contact our office for a free consultation.
Does insurance claims lawyer J.P. Gonzalez-Sirgo also handle stolen truck, boat, motorcycle and other motor vehicle insurance claims?
Yes. Please contact our office for a free consultation and case evaluation. No matter the insurance dispute, insurance claims attorney J.P. Gonzalez-Sirgo has the experience you can trust.
Why should you retain the Law Offices of J.P. Gonzalez-Sirgo, P.A.?
You should contact our office for a free consultation if your stolen car insurance claim has been delayed, denied or underpaid. Click here to read on a past stolen auto claims case Miami insurance claims attorney J.P. Gonzalez-Sirgo recently handled.
How much will it cost you to hire insurance claims attorney J.P. Gonzalez-Sirgo for your stolen auto insurance claim?
We understand that many of our clients do not have the resources or means to pay lawyer fees out of pocket. This is why we offer a free consultation. In the great majority of cases, if we decide to go forward with your case, I will work on a contingency fee basis. This means that if there is no recovery on your claim, you do not pay fees for our services or costs advanced by our office. Furthermore, under certain circumstances your insurance company will become responsible for paying your attorney's fees and costs. Since not all insurance claim cases are alike, please contact our office to discuss your case in more detail.
What is a Special Investigative Unit?
A Special Investigative Unit (SIU) is a department within an insurance company that investigates insurance claims for possible policyholder fraud. Typical cases of insurance fraud include staged auto theft, arson, or inflated property damage to home or car. Many SIU investigators have law enforcement experience along with insurance knowledge. Many auto, boat, motorcycle or truck theft claims are automatically referred to the SIU department.You can reach Attorney J.P. Gonzalez-Sirgo by calling (786) 272-5841 or by emailing [email protected].
What is a Non-Waiver Agreement?
A signed agreement in which the policyholder agrees to and understands that the continued processing to the claim in question will not be construed as an admission of liability by the insurance company. This agreement is commonly used when questions arise as to the amount of the claim or whether the insurance policy covers the claim whatsoever. Non-waiver agreements are typically executed when auto, motorcycle, boat or truck theft claims are involved.
What is a Guarantee of Title?
For a totaled auto insurance claim, it is an agreement whereby the policyholder releases to the insurance company the lien free Certificate of Title upon receipt of insurance claim payment. Guarantee of title are typically executed when auto, motorcycle, boat or truck theft claims are involved.
What is an Affidavit of Vehicle Theft?
An Affidavit of Vehicle Theft is a lengthy questionnaire furnished to a policyholder upon filing an auto, motorcycle, boat truck or other motor vehicle theft claim. The questionnaire encompasses questions regarding the insured, vehicle ownerships, vehicle description, vehicle condition, and damage and theft details. It can also include various personal and financial questions. The affidavit is signed, witnessed and notarized. Affidavit of vehicle theft is typically executed when auto, motorcycle, boat or truck theft claims are involved.
What does a condominium association insurance policy cover?
Only by carefully reviewing the condominium association insurance policy can one determine what is covered. Usually covered under this policy are the "common areas" of the building. Check with your association to see what is covered and what is not covered. The inside of your condo unit will not be covered by the condominium association insurance policy. The inside of your condo unit will be covered by your individual condo insurance policy.
You live in a condominium and your condo unit and condominium building sustained damages, what can you do?
Your condominium board of directors will have to file an insurance claim for damages sustained to the "common areas" of your condominium. You will have to file a separate insurance claim with your insurance company for damages sustained to the inside of your condo unit.
You sit on the board of directors for your condominium association and feel your board is getting nowhere with your insurance claim, what can you do?
Please contact our office for a free consultation. We would be happy to schedule a meeting with the association's board members to discuss the issues surrounding the delay or denial of your insurance claim. We also understand the many personalities involved in working with a condominium association, including the board members, condo owners and contractors and therefore offer the necessary flexibility to get the insurance claim resolved as expeditiously as possible while working with the many role players.
You own a condo unit in your condominium and feel your board of directors/association is getting nowhere with the insurance claim necessary to repair the buildings roof, etc. What can you do?
Please call our office to learn a little more of how we can help your association with their delayed, denied or underpaid insurance claim. Afterwards, you can approach your board of directors and educate them on our services. We are available to travel to your condominium and meet with your board members in order to discuss their insurance claim issues. For a free board of members consultation, please contact our offices to arrange an appointment.
Your condominium buildings suffered damages due to a fire, hurricane, windstorm or other loss. The interior portion of your condo unit also suffered damages as a result of this damage. The association's insurance claim for the "common areas' has been resolved. Your insurance claim for your condo unit has not, can we help you?
Absolutely. If you are being cheated on your insurance claim by your insurance company for the necessary repairs to the interior portion of your condo unit, please contact our office for a free consultation.
Due to damages to your condo unit, You have been forced to move from your condo unit and rent elsewhere. Are these expenses covered?
Only by our office carefully reviewing your condo unit's insurance policy can we make that determination. However, most policies cover "additional living expenses" while the condo owner is out of the unit. Additional living expenses pay for a hotel or a rental home while necessary repairs are made to your condo unit. Please continue making all condo unit related payments such as mortgage, taxes, condominium association fees, etc. while it is under repair.
You just received a letter from your insurance company in Florida requesting that you submit to an Examination Under Oath/Sworn Statement. What does this mean?
Most insurance policies will have a provision entitling the insurance carrier to require that the insured(s) submit to an Examination Under Oath (EUO) or Sworn Statement during the carriers investigation of the claim.
Typically, such a statement is conducted by a lawyer retained by the insurance company. In theory, the purpose of the EUO or Sworn Statement is to allow the insurance carrier an opportunity to get certain questions answered by the insured under oath and to further the insurance company's investigation of the claim. Often, the request for an EUO or Sworn Statement comes with a request from the insurance carrier for the insured to produce extensive records, many of which are only tangentially relevant to the claim. Failure to comply with the insurance company's request for an EUO or Sworn Statement will be grounds for a denial of your claim. Unfortunately, some insurance carriers seem to use EUO's or sworn statements as an opportunity to intimidate and harass insureds. In my experience, attending an EUO or Sworn Statement without obtaining the advice of an experienced attorney in these matters or failing to prepare for the EUO or Sworn Statement, will detrimentally affect your claim. Examination Under Oath and/or Sworn Statement provisions in insurance policies are considered conditions precedent to coverage which the insured has a duty to comply with. Insurance companies make requests for Examinations under Oath/Sworn Statements in many types of insurance claims.
The adjuster handling your claim just called asking to take your recorded statement. What does this mean?
This means that the insurance company wants to ask you questions presumably about facts relevant to your claim and that they want to record this interview with you. Usually it will be the adjuster for the insurance company that will be asking you the questions. In my experience, the adjuster will usually call you on a spontaneous and not prearranged basis to ask you these questions and record the conversation. It is possible that this is a strategy by the adjuster to catch you unprepared for these statements. This recorded statement can be very well used against you in the future and be used for a basis in denying your claim. Claims adjusters are skilled and experienced at asking questions and framing questions in a way where they can obtain favorable answers and support insurance company decisions. My recommendation is that you consult an experienced lawyer in handling insurance claims before you provide such a recorded statement to the insurance company.