What seems like a simple legal battle over the cost of fixing a broken windshield is turning the Hillsborough courtroom into a clogged room of pending cases. It is causing serious concerns about the efficiency of the court and creating a massive loss for auto repair companies and insurance providers.
The Numbers
Though there are no cases filed specifically under “windshield cases”, the cases are registered under “breach of contract” which covers the auto glass. The cases were initially for $100 to $500, but in recent years, the amount has skyrocketed from $1,265 in 2014 to $4,510 in 2014 which is double the amount and double in numbers.
Hillsborough County has the most significant number of cases in the state even though there is no exact number of claims for windshield as they have to be examined individually.
The Problem
The problem was the result of the car owners giving their insurance rights to the repair company. When insurers receive the repair bills, it is too high for the insurers to cover which leaves the auto repair companies at a loss.
What was supposed to be a case between the insurer and the car owners turns into a legal battle between the insurer and the repair company whose name is attached for the service they provide and the amount they charge.
Auto glass companies have no alternatives but to go to courts and make up for the legal fees and higher premium as well because the insurers do not give them fair treatment.
For auto glass companies the issue lies in the “one-way” attorney fee law which states that the losing party must pay for the winning party’s attorney’s fees which is profitable for the attorney.
The Solution
Many demands that there be legislative reforms for the ‘one-way’ attorney fees as there is evidence that car owners are linking with insurers and owners or officers for profit.
Such cases have risen from 19,695 cases in 2016 to 23,953 cases in 2017 where 61% of the case registered is in Hillsborough County, and it is anticipated to worsen the matter if no legislative reforms are made to eliminate the overuse of “glass’’ and “windshield” in court records.