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FLORIDA HB 837 IS A GIVE AWAY TO THE INSURANCE COMPANIES

Rick Millian • Mar 01, 2023

Stop me if you heard this before from politicians, if we pass this bill it will bring down insurance rates and if it doesn’t we will address the rates later.  Fool me once shame on you, fool me twice shame on me.  Every year the insurance industry lobbies the state legislature for “reform” that it says will reduce insurance rates.  Fortunately, until now, drastic “reform” has not occurred and the insurance lobby has not been able to get its wish list passed by the state.  Unfortunately, Governor Ron DeSantis and his allies have indicated that they are about to give the insurance industry the biggest gift they can, all in the name of “tort reform”.   HB 837 does nothing except strengthen the insurance companies and deny victims meaningful access to the courts, representation by an attorney and access to medical care. 

Insurance Companies will Have Open Season to Evaluate Cases in Bad Faith


HB 837 allow insurance companies to act in bad faith and gives them an opportunity to cure its bad faith after it does.  Bad faith is one of the biggest tools that attorneys have in making sure insurance companies evaluate cases properly and HB 837 severely curtails accident victims ability to hold insurance companies responsible when the do act in bad faith.


If a Person Causes You Injury They May Not be Required to Pay for your Damages


Currently, Florida is a pure comparative negligence state in which fault for an accident is spread to the persons involved in the accident.  If a party causing an accident is only 40% responsible for causing an accident than they can only be responsible for 40% of the damages.  HB 837 makes Florida a modified comparative negligence state in which if you are less than 50% at fault for an accident than you cannot be held responsible for the accident.  Thousands of injured persons would be denied their day in court and if you practice injury/accident law, you can bet that the insurance companies will almost always claim that its insured is less than 50% at fault for accidents, thus precluding recovery. 


Future Medical Expenses Could be Capped to 140% of the Medicaid Rate 


This provision would effect low income and uninsured persons the most.  Medical providers would only permitted to charge uninsured persons for their services, very low rates that are dictated by Medicare and Medicaid.  Many doctors will simply refuse to treat persons without insurance thus leaving many accident victims with no real ability to treat for their injuries.


Additional Protection for Accident Victims are Also Being Stripped Away


There are other provisions of HB 837 that are problematic, such as the watering down of the attorney client privilege regarding medical treatment and one way attorney fees that are sometimes a victim’s only way to secure representation against the big bad insurance companies.


In short, HB 837 is a disaster for Florida residents and an absolute give away to the insurance companies.  Just like a few years when our legislature promised PIP Reform would lower insurance rates and they have continued to rise.  Oh, and the politicians at that time also promised to deal with the insurance companies if they raised rates. 



Again, fool me once, shame on you, fool me twice, shame on me.  Contact Governor Desantis and your local state legislator and tell them you are tired of Insurance companies getting what they want while victims lose rights and all Florida insurance rates still go up.  HB 837 is bad for the people of Florida.


Tweet Governor Desantis @govRonDeSantis - https://twitter.com/govRonDeSantis


Contact an Experienced Car Accident Attorney


Retamar & Millian, P.A. is available to assist you on all your car accident-related issues. We will help you navigate around the road blocks thrown in your way by insurance companies along the way. 


If you need assistance on any of the issues related to your car accident, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation. 


Retamar & Millian, P.A.

2925 Alternate 19 N., Suite B

Palm Harbor, Florida 34683


And


685 East Hillsboro Blvd

Deerfield Beach, Florida 33441


Contact an Experienced Injury Attorney.


East Coast Florida (954) 834-0404
West Coast Florida (813) 200-5894

Contact an Experienced Car Accident Attorney

Rain or shine, should you be involved in a crash, Retamar & Millian, P.A. is available to assist you on all your car crash related issues. We will examine all aspects of your case and provide you counsel on how to protect yourself and recover for your injuries should you be involved in a motor vehicle crash. 

If you need assistance on any of the issues related to your car crash, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.
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