Ask Kathryn:
Question: "What is a "Dec Sheet" in relation to my auto accident claim in Florida?"
Answer: A "Dec Sheet" is a "Declarations Page" which is a document created by an insurance carrier to summarize the nature of the insurance policy, the names of the insurer and insured, and the type of coverage in that particular policy. A Dec Sheet is usually one or two pages where as the actual policy is anywhere from 50-100 pages long. The policy describes in great details the agreement between the insurer and insured, it defines the terms involved in the agreement, explains the types of coverages available and the exclusions to coverage, it also explains the procedures to follow when making a claim. Question: "How do I get the insurance information on the guy who hit me?" If you are in an accident and wish to obtain copies of the dec sheets for both yourself and the other driver, you or your attorney may write to the insurance carriers involved to ask for copies of the "dec sheets" pursuant to Florida Statute §627.4137.
"Florida Statute § 627.4137 Disclosure of certain information required.— (1) Each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might be made shall provide, within 30 days of the written request of the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance: (a) The name of the insurer. (b) The name of each insured. (c) The limits of the liability coverage. (d) A statement of any policy or coverage defense which such insurer reasonably believes is available to such insurer at the time of filing such statement. (e) A copy of the policy. In addition, the insured, or her or his insurance agent, upon written request of the claimant or the claimant’s attorney, shall disclose the name and coverage of each known insurer to the claimant and shall forward such request for information as required by this subsection to all affected insurers. The insurer shall then supply the information required in this subsection to the claimant within 30 days of receipt of such request. (2) In our office, one of the first things we do, after a new auto accident client hires us, is to send what we call the "627" letter to both insurance carriers: the insurance carrier for our client and the insurance carrier for the other driver. If there more than 2 vehicles involved in the accident we often times send the 627 letters to those driver's carriers as well. DEC SHEET REQUEST TO AT FAULT PARTY’S INSURANCE CARRIER: Our 627.4137 "Dec Sheet" request letter to the Tortfeasor/At Fault Party’s insurance carrier looks like this: _____________________________________________________________________ {Letterhead} {name of insurance carrier} ATTN: Auto Liability Claims {address of insurance carrier} {date} Sent by Fax: & Regular Mail {Note: We do keep a copy of the fax receipt to show that the insurance carrier actually received our request. You may wish to send it certified mail, and in some cases we do, but it is not necessary.}
Re: Request for Insurance Disclosure Our Client: Name of Client Your Insured: Name of At Fault Driver or Vehicle Owner Date of Loss: Date of Accident Claim Number: {claim number - If you do not have a claim number you can put the policy number here.} Dear Insurance Claims: You are on notice that this office is representing {name of client} concerning injuries and damages sustained as a result of an accident which occurred on {date of accident}. An accident report is enclosed if one is available to us. All contact and communication must be through this office. Pursuant to the requirements of Florida Statutes Section 627.4137 regarding disclosure of insurance information, I am requesting the required statement under oath of a corporate officer, the insurer's claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance: (a) The name of each insurer. (b) The name of each insured. (c) The limits of liability coverage. (d) A statement of any policy or coverage defense which such insurer reasonably believes is available to such insurer at the time of filing such statement. (e) A copy of the policy. Under the terms of the above statute you have 30 days Thank you for your cooperation in obtaining the above required information. If you have any questions, please feel free to contact me. Very truly yours, {name of attorney}, Attorney at Law Encl. Accident Report (if available); cc: client ____________________________________________________________________ DEC SHEET REQUEST TO OUR CLIENT’S {YOUR OWN} INSURANCE CARRIER: Our 627.4137 "Dec Sheet" request letter to our client’s insurance carrier looks like this: ----------------------------------------------------------------------------------------------------------------- {Letterhead} {date} {name of insurance carrier} Attn: PIP/UM Claims Department {address of insurance carrier} Sent by Fax: & Regular Mail {Note: We do keep a copy of the fax receipt to show that the insurance carrier actually received our request. You may wish to send it certified mail, and in some cases we do, but it is not necessary.} Re:
Our Client: {name of client}
Your Insured: {name of insured - this is usually our client but not always}
Date of Loss: {date of accident}
Claim Number: {claim number or policy number if we don’t have the claim number yet}
Dear PIP Claims Adjuster:
You are on notice that this office is representing {name of client} for injuries received on {date of accident} in a motor vehicle collision. All contact and communication must be through this office. Pursuant to the requirements of Florida Statutes Section 627.4137 regarding disclosure of insurance information, I am requesting the required statement under oath of a corporate officer, the insurer's claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance:
(a) The name of the insurer.
(b) The name of each insured.
(c) The limits of liability coverage.
(d) A statement of any policy or coverage defense which such insurer reasonably believes is available to such insurer at the time of filing such statement.
(e) A copy of the policy, including any Uninsured Motorist rejection / selection, if any.
Under the terms of the above statute you have 30 days to provide the above information or be liable for attorneys fees and costs required to be expended to acquire such information. If available, please also send copies of the following: Accident Report, Application for No Fault Benefits, Property Damage Estimate, Recorded Statements, Property Damage Photos, PIP Payment Ledger. Thank you for your cooperation in obtaining the above required information. If you have any questions, please feel free to contact me.
Very truly yours,
{Name of Attorney},
Attorney at Law
Encl.: Accident Report (if available);
cc: {client}
__________
________________________________________________________________
So remember this if you’ve been in an auto accident in Florida:
1. After the accident, you or your attorney should write to the insurance carriers to get the Dec Sheets of your auto insurance policy and that of the at fault driver.
2. The Dec Sheets will tell you what type of coverages are available.
3. The insurance carriers in Florida have to provide a dec sheet according to Florida Statute §627.4137.
Do you have more questions? Please leave a comment or send an email to me at
KathrynatScottandFenderson@gmail.com. Be sure to put "Scott & Fenderson Ask Kathryn" in the subject line of your email.
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