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Car Insurance Claim Denial: Can You Appeal the Decision?

Published on: February 24, 2025 | Anthony Quackenbush, Esq.

When you’re dealing with car insurance claims, remember: the insurance company is not in business to give you money. It is in business to make money and keep as much of it as it can. When settling a claim, insurance companies typically try to reimburse as little as they can legally get away with. If you think the reimbursement that you have been offered by an insurance company is too low, it probably is. If you believe an insurance company has wrongfully issued a denial of your claim, it probably has.

This is not to say that insurance companies and insurance adjusters are dishonest. However, as the plaintiff, you need to be cautious. Denials are common. Don’t sign anything or agree to anything with an insurer without talking to a lawyer first. As the saying goes, “anything you say can and will be used against you.” Talk to our team at The Quackenbush Law Firm before you interact with the insurance company.

Reasons for denial or minimization of your claim

Attorney-Client Privilege and Confidentiality in Florida

Published on: May 5, 2024 | Anthony Quackenbush, Esq.

If you are involved in a legal case in Florida, your communication with your attorney is covered under attorney-client privilege, as defined by the Florida Evidence Code. In addition, the Florida Bar’s Rules of Professional Conduct further outline attorney-client confidentiality. These two standards overlap in some areas but they are not the same and neither is absolute.

Attorney-Client Privilege

The attorney-client privilege applies when a client (or potential client) divulges information to an attorney for the purpose of legal advice. The intention of this privilege is to permit the client to confidently and honestly share information with his or her legal counsel in order to receive the best legal representation.

When Your Landlord Won’t Fix an Issue

Published on: May 31, 2023 | Anthony Quackenbush, Esq.

Florida is the happy home of so many native Floridians as well as the destination state of so many new residents. We have a variety of living options, including many rental properties that are well-maintained and comfortable. But what happens when your rental unit or the associated public spaces need important repairs and your landlord refuses to make them? You may need to take legal action.

You pay rent to your landlord in exchange for a safe and healthy environment. You have a right to demand that from your landlord. Naturally, things can be damaged by the actions of the tenants, such as holes in the wall or clogged toilets from too much paper put in them. It’s reasonable in situations like this for the landlord to expect the tenant to be responsible for the costs of repairs. This is usually stipulated in the rental contract. But general repairs and safety issues and damage caused by another tenant that affects you are the responsibility of the landlord. He or she may not blame you for these issues nor put off repairs indefinitely.

Types of issues

Your Rights and Responsibilities as a Tenant in Florida

Published on: January 15, 2023 | Anthony Quackenbush, Esq.

The Florida Fair Housing Act of 1968 was designed to protect tenants from unfair treatment by landlords. The current Florida Statutes incorporate these principles and lay out the rights and responsibilities of both the landlord and the tenant. Read Do’s and Don’t’s: What Your Florida Landlord is Responsible For to learn about the landlord’s responsibilities.

Tenant’s responsibilities

The tenant’s responsibilities are defined in 2017 Florida Statutes paragraph 83.52:

Dos and Don’ts: What Your Florida Landlord Is Responsible For

Published on: January 3, 2023 | Anthony Quackenbush, Esq.

Landlords and property owners who rent out their property to tenants must fulfill certain legal obligations in Florida. Under Florida law, tenants are equal parties with the landlord and have rights and responsibilities, just as the landlord does.

What the landlord can’t do

The Florida Fair Housing Act of 1968 protects Florida tenants from unfair or unsafe landlord behavior. Under this law, landlords may not:

Types of Injuries Caused by Different Types of Car Crashes

Published on: June 30, 2022 | Anthony Quackenbush, Esq.

Here in Florida our roads are congested which calls for careful driving. The possibility of a car accident should always be taken seriously, no matter how seemingly insignificant. Anyone who has been in an accident should see a medical professional within 48 hours of the accident. Florida, a “no-fault” insurance state, requires that you carry Personal Injury Protection (PIP), which covers up to $10,000 of medical expenses and/or lost wages. However, you must see an approved medical provider for your injuries within 2 weeks of the accident in order to be eligible for any financial compensation.

The degree of injury in an auto accident varies depending on the speed of the impact, the size of the cars involved, the degree of safety features in the car, the angle of the impact, and the size, age, and health of the occupants and how close they are to the impact. In short, every accident is different, but few people escape an accident with no injuries. Some injuries, such as whiplash, may even take a few days or weeks to become evident, which is why medical attention is critical.

Types of Injuries

Recovering from Hurricane Ida – Insurance Claim Denied?

Published on: October 12, 2021 | Anthony Quackenbush, Esq.

Here in Florida, we are frequently hit hard by hurricanes. If your home suffered damage in a hurricane – like the recent Hurricane Ida that did so much damage – but your claim was denied, don’t panic. Insurance companies often deny claims initially. Sometimes the denial is legitimate, and sometimes it’s an honest mistake. Sometimes it’s the insurance company’s attempt to save money. Regardless, we can help you understand the reasons for the denial and then plan to change the decision if the denial was improper.

Often, repairing hurricane damage to a home or car can’t wait. It needs to be addressed immediately – which means you will be seeking reimbursement from your insurance company. Receiving a denial of your claim and not receiving the funds you expected or receiving much less than it cost to do the repairs can be very discouraging, but it might not be the end of the road for you. You may be able to contest the denial.

An important word of caution: While it is always best to contact your insurance company before making any repairs, sometimes they need to be made immediately. If this is the case, before you make any repairs, and possibly even before you move anything or clean anything, take pictures or videos of the damage and store them in a safe place. This evidence will be critical in supporting your claim, especially if the damage requires you to make quick repairs.

Preparing for Hurricane Season: 3 Tips from Your Lawyer

Published on: June 25, 2021 | Anthony Quackenbush, Esq.

Florida is a wonderful state to live in and to visit, but residents are well aware of the many hurricanes that pass through Florida, and visitors should be as well. Our hurricane season runs roughly from late May through September and can sometimes cause serious damage to property. For this reason, property owners need to take precautions to protect themselves, their homes, and their businesses. Here are three suggestions from a lawyer.

Have a good insurance policy with necessary riders

Standard homeowners insurance covers much of the damage caused by storms, but you will have to review it very carefully. Most do not cover flooding, and they often have wind damage exclusions. If this is true for your policy, purchase flood and wind coverage. Review your hurricane deductible and choose a policy that has a deductible you can afford.

Does Business Interruption Insurance Cover Property Damage?

Published on: May 24, 2021 | Anthony Quackenbush, Esq.

Many small business owners here in the greater Miami area have suffered financially through COVID-19. Particularly devastating is discovering that the business interruption insurance policy they thought would protect their operation has a pandemic exclusion.

The purpose of business insurance is to provide income replacement during a period of business interruption due to covered causes in order to help the company remain viable and able to continue to pay operating expenses and other overhead costs until the company can resume business.

Business interruption insurance is a valuable resource, but it only covers exactly what is written in the agreement and only for the time period or up to the dollar amount agreed upon. There are, however, opportunities for policyholders to appeal the insurance company’s definitions, that is, to argue that their particular circumstance falls under their coverage guidelines.

Takata Airbag Recall – What to Do If You Were Hurt

Published on: February 12, 2021 | Anthony Quackenbush, Esq.

Can you sue over an airbag recall if you were injured? Nearly 67 million airbags built by Japanese auto parts maker Takata were recalled in 2019 and 2020. This is a critically important recall, which the National Highway Traffic Safety Administration (NHTSA) has called “the largest and most complex safety recall in U.S. history.” Nineteen different automakers have used these defective airbags in multiple car models.

The problem is in the metal cartridge within the airbag, which is loaded with propellant wafers that cause the airbag to quickly inflate upon impact. High humidity, high temperatures, and age can cause the system to become unstable and the cartridge to ignite and explode upon impact, sending metal shards throughout the car. So far, this defect has caused 17 deaths and over 200 injuries in the United States alone.

The problem, according to the NHTSA, is the use of an ammonium-nitrate-based propellant without a chemical drying agent. What makes this situation particularly troubling is that there is some evidence that Takata was aware of the potential danger before going to market with these airbags.