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When you are involved in a car accident in Florida and are processing an auto insurance claim, one of the first questions you may ask is if your auto insurance claim is public record. Addressing this concern is especially important if you have privacy or liability issues on your mind.
Florida auto insurance claims can be daunting, in addition to suffering injuries and trying to recover physically, financially, and emotionally. When seeking compensation, many people hire a Florida auto accident attorney to guide them through the claims process. They can help them understand their rights, protect their interests, and clarify any misunderstandings about whether auto insurance claims public records truly exist in Florida.
At The Morgan Law Group, our auto accident attorneys have an in-depth understanding of Florida auto insurance laws and can help answer any further questions about your claim’s privacy and public availability.
Auto Insurance Claims and Public Records?
When people ask, “Are auto insurance claims public?” – it is often rooted in concerns about whether personal information can be found by anyone.
In general, filing an auto insurance claim with a private insurer does not create a record available to the public. These claim files belong to the insurance company, which is not a governmental agency and thus not governed by the same public records requirements.
In other words, if you file a claim with your insurance provider after an accident, the details of your auto insurance claims – including the accident details, coverage, communications, and settlement offers – are private. The insurer is not obligated to disclose private customer claims to the public.
Consequently, your claim file is off-limits to the general population unless specific circumstances turn portions of that file into public records, such as through litigation.
When Is a Florida Auto Insurance Claim Considered a Public Record?
Despite the general rule that auto insurance claims with private insurers remain private, there are instances where these claims may become part of the public record. Here is when that might happen:
A Government Entity Is Involved
If the accident involves a government entity – be it police, municipal, or state-owned – the records related to the claim might be held by the government’s risk management department. Even so, they often remain confidential during the active claim process. They may only become fully accessible to the public if a lawsuit is filed and those records are introduced into evidence or become part of official court documents.
Court Proceedings
If the insurance claim leads to a lawsuit, the court filings typically become public. Through the litigation process, certain documents may be attached to pleadings or entered as evidence in open court, thereby becoming a matter of public record.
Essentially, Florida auto insurance laws do not require private insurance carriers to open their files to the public. Only the involvement of a governmental entity or court process can make some of the information part of the public record, although privacy rules and confidentiality measures may still apply.
Publicly Available Information Related to Insurance Claims
Police Accident Report
While this document contains details about the scene, involved vehicles, and potential contributing factors, it is not immediately and fully public. However, the information does become more accessible after a certain point (typically tied to the 60-day confidentiality rule). This police accident report might reference insurance information but is far from revealing your entire Florida auto insurance claims file.
Court Filings
If your auto insurance claims result in legal action, all pleadings, motions, and other filings submitted to the court usually become accessible to the public. This can include references to your insurance coverage, the amounts claimed, and the legal arguments raised by both sides.
Nonetheless, personal or sensitive information is sometimes redacted or sealed by court order to protect your privacy. Generally, details like Social Security numbers, medical records, and other confidential data do not become public unless necessary and admitted into evidence.
Judgment/Court Settlements
Judgments and final court orders are public. If your accident claim proceeds to trial and you receive a judgment, the court’s decision will be a matter of public record.
Court-approved settlements may also become public if they are filed in the court records. However, many settlement agreements between private parties and insurers are confidential. Sometimes, the parties agree to keep the terms sealed or undisclosed as a condition of the settlement.
Protected Information in Auto Insurance Claims in Florida
Crash Report
Under Florida Statutes §316.066, a crash report is confidential for the first 60 days after the crash. This restriction is meant to protect the privacy of those involved in a car accident and prevent unscrupulous individuals or entities from accessing the information prematurely. After the 60-day period, the crash report becomes part of the public record and can be obtained upon request.
Driver’s Personal Information
Both Florida and federal laws protect personal identifying information, such as addresses, dates of birth, and driver’s license details. Even when documents become public records, this type of personal data may be redacted to guard individuals’ privacy.
Insurance Coverage
Insurance coverage information is generally protected. Insurance companies also have obligations to keep customer records confidential. Unless a judge orders disclosure during litigation, your private coverage terms are typically not open to public inspection.
How the “Status” of an Auto Insurance Claim Affects Public Access
The status of your auto insurance claims can directly influence the level of public access.
For example:
- Open Claims: Active claims under investigation or negotiation with a private insurer remain confidential.
- Closed Claims: Even after the insurer closes the claim, private details usually remain confidential unless disclosed during legal proceedings.
In any case, an auto accident attorney in Miami can help you understand how your claim’s status might influence what is discoverable and what remains safeguarded by privacy laws.
Consult an Attorney in Florida About Your Auto Insurance Claim
If you are unsure about your eligibility to file a claim, consider taking their quick quiz to gain further clarity.
Whether you are looking to safeguard your privacy, pursue fair compensation, or need help understanding your rights, our team of Florida auto accident attorneys at The Morgan Law Group is ready to help. Call us today at (800) 551-0554 or fill out our online form to schedule your free case evaluation.
