Florida Windshield Replacement Law Overview
In Florida, the governing statutes for windshield replacement are Florida Statutes § 626.9541 and § 627.7288. Florida Statute § 626.9541 regulates the acts that are prohibited by companies conducting a business of insurance in Florida. In particular, § 626.9541(1)(i) sets forth numerous acts and practices that are deemed to be unfair methods of competition or unfair or deceptive acts or practices specifically prohibited. Among these, § 9541(1)(i)(2) makes it an unfair practice for any insurer to "Fail to adopt and implement standards for the 처리 후 수유방식의 폐기 and investigation of claims, including standards for the proper investigation of claims of insureds who are publicly adjusting a claim pursuant to ss. 626.854 and 626.855."
Florida Statute § 627.7288 is titled "Windshields; Prohibitions." In its entirety, § 627.7288 provides:
(1) No insurance company, agent, or employee thereof shall send or deliver to a prospective insured any advertisement or policy provisions which provide for deductibles for a motor vehicle glass or windshield claim or otherwise resolve such a claim through a cost-sharing requirement with the insured unless the advertisement or policy provision informs the insured that the insured’s deductible may be waived by the supplier of the glass or windshield if the insured uses preferred or designated suppliers.
(2) Unless otherwise provided by law , no insurer shall impose a cost-sharing requirement by deductibles or any other means for windshield glass only to be replaced or repaired on a policy covering private passenger auto physical damage. As used in this section, the term "cost-sharing requirement" means a set dollar amount to be paid by an insured, a percentage of the covered loss or damage to be paid by an insured, or combination thereof.
Precedently, the reasoning from Citizens Property Ins. Corp v. Perdido Sun Condo. Ass’n, Inc., 193 So. 3d 1101 (Fla. 2016) was explained as follows:
The Florida Supreme Court held that the provision without requiring such a waiver was void and unenforceable. Id. at 1105-06. The Supreme Court reasoned that section 627.7288(2) "explicitly prohibits insurers from imposing any cost-sharing requirements on a policy that covers physical damage to a private passenger automobile because of glass only. Because the genesis of section 627.7288(2) is that people did not know their policy had such a cost-sharing requirement and because section . . . 627.7288(2) wants to avoid such confusion . . . , we believe the clear meaning of section . . . 627.7288(2) is to require that private passenger auto glass-only claims be paid subject to full coverage provisions without a deductible, coinsurance, or any other cost-sharing requirement." Id. at 1110.
Windshield Replacement Insurance Coverage
Insurance policies that cover broken windshields must pay for all the necessary expenses to replace the windshield on a vehicle without a deductible claim. No deductibles on claims for the cost of replacing the windshield should be applicable if the auto insurance policy contains provisions that the payment for the replacement will not reduce the benefit limit or premium for the auto insurance policy.
Policies issued by some insurance companies in Florida state that the payment for that "windshield endorsement" will not cause the amount, deductibles, or premium due on the policy to be increased.
Other insurance policies are silent on this issue and there is no language that would be contrary to allowing a no deductible claim on the windshield replacement coverage.
In the case of a glass company requesting payment without a deductible, the insurance company would not have any legal basis to deny this payment because a claim was paid for a windshield replacement with no deductible.
Requirements for No-Cost Windshield Replacement
Under the provisions of § 627.7288, Florida Statutes, a vehicle owner is entitled to replace a windshield without any deductible if the following criteria are satisfied:
- The replacement is pursuant to an automobile insurance policy.
- The replacement is necessary to continue to operate the vehicle legally or safely.
- The replacement must be completed by an insured under the policy.
Clear language of the statute requires that the vehicle owner have full coverage rather than relying on a misconception that you are entitled to free replacement glass merely because your policy has comprehensive coverage.
How to File a Claim
The procedure for filing a claim for windshield replacement in Florida varies by insurance carrier, but each procedure requires at least some basic information. This information includes the year, make, model and VIN of the insured vehicle, why the windshield needs to be replaced, and the details of the incident that caused the windshield damage. An adjustment may be necessary in larger claims when the vehicle is considered a total loss and the carrier wants to retain the damaged vehicle.
Claims procedures and requirements are available on request from the carriers . Generally, the claim can be initiated upon verbal notice to the agents’ answer service or by writing to the claims department of the insurer or the agent. The PIP statute requires the claim to be made within 14 days after the injury and gives the insurer 30 days to respond to or acknowledge the claim. All claims other than litigated claims must be submitted within 35 days after the date of service. The PIP statute requires payment or denial of the claim within 30 days after the claim is received. Reasonable proof of loss for property damage must be submitted within 30 days. Provided reasonable proof of loss is provided, payments on replacement windshields are typically expedited.
Myths Surrounding Florida Law
One of the largest areas of misunderstanding is that the vehicle start will not pass if the windshield is a certain size crack. Under Florida Statute 316.610 the law states: "No person shall drive any motor vehicle upon a highway with any windshield or window which does not provide for clear and unobstructed vision because of: (a) Rain, sleet, snow, moisture or other substance on the glass; (b) Any nontransparent material applied to or mounted on the windshield or any other window; (c) Any sticker or decal except as provided by s. 316.6105; (d) Any object placed or hung between the driver and windshield; or (e) Any tinted glass except as specifically allowed under s. 316.29545." Florida also has its own interpretation of visual acuity and the driving test. The mistake occurs when the officer believes the crack impedes visual acuity. Under (2) it states " Notwithstanding subsection (1), the department shall allow exceptions as follows: (a) Unrestricted area. Any motor vehicle is exempt from the requirements of paragraph (1)(a) in an area of the windshield no larger than 5 inches by 7 inches for each eye, the center of which must be located immediately behind the steering wheel, which area is defined as the driver’s seat area." The officers are not allowed to make a determination about visual acuity in this area, and the vehicles should pass the basic check. The next misunderstanding is that you should only go to shops that are on the companies approved vendor list. The truth is, until AOB was created, insurance companies had no control over what shops were used. The state of Florida sets forth a requirement such that their need to pay correctly and quickly along with specific guidelines that the company must follow. Another common misunderstanding is that the insurance company doesn’t have to pay if you don’t get a prescribed repair. In that statement, the "prescribed repair" is where the misunderstanding lurks. The "prescribed repair" is the first choice, however, they do have to pay the $125 per panel without dispute if the customer doesn’t want the glass repaired. Or, that the shop is to blame for not finding that there was damage. That couldn’t be farther from the truth. The law states that it is a crime not to look for damage to other panels while servicing the glass.
Use an Approved Repair Service
When selecting a service provider for windshield replacement, Florida law should always be kept in mind. If you are uncertain about what type of repair is needed, rely on your insurance company to direct you to an authorized service center that is trained and certified to handle all your needs. It is important to ensure that any service provider has established a good reputation within the industry and has the training and certifications necessary to ensure that you receive the highest quality in workmanship and parts used to complete the repair or replacement of your windshield . You should seek assurances that the technician that works on your vehicle has attended a reliable and high quality training program and has received reputable certification from a recognized industry organization. Proper bonding of glass to the frame of the vehicle requires special tools and adhesive bonding materials that must be handled per manufacturer’s specifications for the manufacturer’s warranty and your vehicles’ safety.