Your question is in part governed by Fla Stat. 626.9541 which provides in part than an insurance company may not increase or fail to renew a policy solely for a traffic citation that was dismissed or nolle prossed. I suggest you get a certified copy of the disposition of your traffic case and send it to your insurance company with an explanation as to why you were not at fault in the accident. If that does not work consider talking to an attorney to explore other legal alternatives.
So is your issue the jacked up premiums? If so, the person to contact is your insurance agent and ask for an explanation. Once you present proof of the dismissal to him/her, demand that he reach out to underwriting for a modification. No promises, but that is your best chance at getting the rates under control!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
My colleague is correct. From experience, insurance companies will raise premiums not just based upon your driving record but what they deem is your fault and it is definitely not surprising based upon fact they paid out.
Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at firstname.lastname@example.org and put AVVO in the subject line.
Insurance companies base rates on many factors; including perceived risk. You can ask for your rate to be reconsidered... or you can find a new insurance company.
This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.
Remember - you are a consumer and the insurance company is a private business. They can raise your rates for any reason, or no reason whatsoever. You in turn, have the power to take your business elsewhere. Call some other companies to compare rates.
Good luck to you.
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