Orlando Accident Attorney Blog

Beginning January 1, 2010, a new state law will require any driver who is the at-fault party in three automobile crash-related moving violations within a three-year span to take a behind-the-wheel driver education course and pass a driving test. Currently, Florida law only requires a four-hour refresher course for drivers cited in two crashes, but the course can be taken online and doesn't include a behind-the-wheel training course.

It is important to note that past incidents will not be considered, as this new law will start counting violations as of January 1, 2010. Nevertheless, the Florida Department of Highway Safety and Motor Vehicles has already identified about 3,200 people who can be classified as the most dangerous drivers. These motorists were involved in over 10,000 accidents over a three-year period ending Dec. 31, 2008. Despite their violations on roadways, these unsafe drivers rarely caused accident-related fatalities and only accounted for five deaths in that same three-year span. On average, about 3,000 people die each year on Florida highways.

Although this new law is certainly a step in the right direction, more needs to be done to protect Floridians from these unsafe drivers. As a motor vehicle accident attorney, I am frequently confronted with cases in which my clients sustained serious injuries at the hands of drivers who had been at-fault multiple times in previous accidents. While it is clear that the intention of this new law is to change a driver's behavior, only time will tell if it is enough to prevent some accidents. For some people, paying a fine for violating a traffic law is not enough to serve as a disincentive, but hopefully the act of having to take a driving test, like a teenager, will have some positive impact on that person's driving behavior. Only time will tell.

As a longtime Central Florida resident and insurance claims attorney, I am very familiar with the fact that each year Florida is under the constant threat from violent storms, some of which directly impact the State. These storms can be in the form of major hurricanes leaving a wake of destruction in their paths. Every year the month of June signals the start of the Atlantic hurricane season and residents all across the State of Florida begin monitoring the news for signs of an impending threat or developing storm system. As storms are spotted and the National Hurricane Center begins issuing warnings, Floridians begin implementing their hurricane preparedness plan. They begin stocking up on bottled water, non-perishable foods, batteries, and other essential items. Unfortunately, these preparations, for most Floridians, doesn't include ensuring they have adequate insurance coverage to protect their homes and businesses.

The 2004 Atlantic hurricane season had 16 tropical depressions, 15 named storms, 9 hurricanes, 6 of which were deemed major hurricanes (Category 3 or higher on the Saffir-Simpson Hurricane Scale) and is considered one of the deadliest and most costly Atlantic hurricane seasons on record in the last decade. There were over 3,000 deaths attributable to the flooding rains and winds caused by the storms and an estimated $50 billion in damage to property. The most notable storms for the season were the five named storms that made landfall in the State of Florida: Tropical Storm Bonnie and Hurricanes Charley, Frances, Ivan, and Jeanne. This is the only time in recorded history that four hurricanes directly affected Florida. The Insurance Information Institute estimated that one out of every five homes in Florida was damaged by these hurricanes. Some 9.4 million Florida residents were evacuated from their homes. The damage inflicted by these storms was catastrophic and left behind a wreckage of homes and businesses.

Even though tropical storms and hurricanes routinely garner the most attention, Central Florida is also well known for being the recipient of a barrage of thunderstorms. As the thunderstorm and lightning capital of the world, Central Florida is routinely under attack from nature's elements. Despite these constant threats, Florida law does not require owners of property to carry insurance coverage, which would help pay for the damages incurred to their property. Property insurance covers perils (hurricanes, tornadoes, thunderstorms, fires, windstorm, lightning, water, hail, smoke, vandalism, theft, electrical, plumbing, sinkholes, or mold) to property and pays for the damage caused to homes and their contents, and may even pay for damage to other structures, such as tool sheds, detached garages, guest houses, boats and their content.

It is not only important for Florida's property owners to purchase insurance to protect their property, but it is also essential that they are adequately insured and have an thorough understanding of what there insurance covers. This involves ensuring they have sufficient limits of insurance to pay for the repair or reconstruction of the actual building structure, including garages, storage buildings, swimming pools, fences, as well as permanently installed fixtures, machinery and equipment. Owners of business property should ensure they are adequately protected in the event there business is not operational following the loss. They should seek to obtain sufficient limits of insurance to cover the damage to the business' personal property and loss of income. This can easily be accomplished by obtaining an accurate estimate of the value of the property itself and making sure that estimate is reflected accordingly on the insurance coverage limits.

Continue reading "Prepare for Hurricane Season in Florida with the Right Property Insurance Coverage" »

Florida personal injury lawyers are cautioning that drivers of all ages are likely to cause a serious or fatal automobile accident due to being distracted behind the wheel. Motor vehicle accidents rank among the leading causes of death in the United States. The Transportation Safety Group at the National Safety Council found that distracted drivers account for nearly 80 percent of car crashes. Studies have shown that drivers using cell phones are four times as likely to cause a crash as other drivers and is equivalent to that of someone with a .08 blood alcohol level, the point at which drivers are considered to be legally intoxicated in the State of Florida. Last year, the National Highway Traffic Safety Administration published a study, based on researchers' observations of drivers, suggesting that at any time during daylight hours in 2007, 11 percent -- or 1.8 million drivers -- were using a cellphone. According to Troy Green, a national spokesman for AAA, for every two seconds a driver's eyes are off the road, a motorist is twice as likely to be involved in a crash. On January 3, 2008, two people were killed when a trucker reportedly distracted by text-messaging on his cell phone crashed into their car along U.S. 27 in Florida.

People continue to increasingly use phones, navigation devices and even computers to turn their vehicles in mobile offices, and entertainment centers, making roads more dangerous. As technology continues to advance, concern over roadway safety is mounting. Cell phones today are capable of surfing the internet, checking email, as well as writing and receiving text messages. The makers of these electronic devices and automobile companies acknowledge the risks of multitasking behind the wheel, yet aggressively develop and market gadgets that cause distractions.

Despite the overwhelming statistics and acknowledged dangers of distracted driving, Florida remains one of many states that does not ban the use of cell phones or text messaging while driving. What is most alarming is that the attempts to ban texting while driving has been met with opposition. The Florida Legislature failed to get the issue out of committee in this year's session. The amazing thing about the debate over the need for laws to ban texting while driving is that there is a debate at all. In response to the Florida's Legislature failure to act on this very important issue, the Florida Department of Highway Safety and Motor Vehicles, has launched its "Stay Alive...Just Drive!" campaign in the hopes of educating Florida residents on the dangers of distracted driving. Nevertheless, so long as Florida Legislature feels that they can simply ignore this pressing issue, it is safe to assume and even expect that more and more accidents will occur across the State of Florida as a result of distracted driving. It is time for Florida Legislature to act on this critical issue.

As a Central Florida area motor vehicle accident and insurance claims attorney, I am often asked by my clients as to who is responsible for the payment of their medical expenses and lost wages incurred as a result of the injuries they sustained in an accident. According to Florida law, if you own a motor vehicle with four or more wheels you are only required to carry $10,000 of personal injury protection (PIP) insurance and a minimum of $10,000 of property damage (PD) liability insurance. The Florida Motor Vehicle No-Fault System, also known as PIP insurance, covers you regardless of whether you cause an accident (are "at-fault") up to the limit of $10,000. PIP insurance requires that your medical bills be directed to your own automobile insurance carrier or that of your household relative if you do not own your own car. You may have up to a $1,000 deductible under this coverage. However, it is not advisable that a deductible be purchased for this coverage, as you would be then be held responsible or "self-insured" for the amount of the deductible you elected and may not be able to claim or recover this amount from the at-fault party or their insurance company. After the deductible, if any, has been applied, your insurance company will pay seventy-five percent (75%) of the usual and customary charges for emergency services and care provided by any hospital, eighty percent (80%) of all reasonable, necessary and lawful medical, chiropractic, diagnostic, and transportation services related to injuries suffered from your car accident, and sixty (60%) of your lost wages up to a total of $10,000.

Since PIP insurance does not cover all of the medical expenses, insurance companies offer medical payments insurance that covers medical expenses beyond those covered by PIP which result from accidental injury. Medical payments insurance covers the medical expenses of you, members of your family, and your passengers, regardless of who is "at- fault." This applies whether you're in your car, someone else's car, or are struck by a car while walking. If you purchased this optional coverage on your auto insurance policy, then the medical payments coverage will be secondary to PIP coverage. For more information about other common optional coverages available, please review my recent blog entry: Automobile Insurance in Florida - What You Need to Know to be Fully Protected.

It is important to note that the at-fault party or tortfeasor can also be held accountable for the portion of your medical expenses and lost wages that is not covered by PIP or exceeds the amount of coverage permitted by PIP. This can be done by making a bodily injury liability insurance claim to the at-fault person's insurance company. If the at-fault person purchased bodily injury liability insurance coverage, it would pay for serious and permanent injury or death to others when their car is involved in an accident, and the driver of their car is found to be at fault to some extent. The insurance company will pay for injuries up to the limits of the policy and will also pay for their legal defense if they are sued. You may also be able to receive compensation directly for the at-fault party should your damages exceed the amount of available bodily injury liability insurance coverage.

Mandatory PIP insurance coverage has far reaching implications beyond those of providing the injured person with a recourse to seek medical attention without the fear of not being able to pay for the medical expenses they incur. PIP insurance is also intended to limit motor vehicle accident claims and lawsuit. By making PIP mandatory under Florida law, it also places what is commonly referred to as a tort liability (no fault) threshold on automobile accident injury cases. This "threshold" is crossed if an injury from an automobile accident results in a significant and permanent loss of an important body function, permanent injury, significant and permanent scarring, disfigurement, or death. This can severely limit the injured person's claim for damages from the at-fault party or their insurance company.

If you have been involved in an accident, it is vital that you do not talk to any insurance investigator, sign any papers, or accept a settlement before talking to a car accident insurance lawyer. Insurance companies have become more and more adept at using The Florida Motor Vehicle No-Fault law against their insureds. Florida law permits insurance companies to request recorded statements or examinations under oath (EUO), in which they are given the opportunity to question their insureds about the facts giving rise to the PIP claim. This is were insurance adjusters or investigators may attempt to take advantage of unrepresented individuals and extensively question them in an effort to obtain information they may not legally be entitled too and that may be used against them to limit or deny the claim. Florida law also affords insurance companies the opportunity to cut off PIP benefits for their insureds by requesting that they attend an independent medical examination (IME) with a doctor of their choosing. This doctor is hired and paid by the insurance company to render opinions that will more than likely not assist the insured's claim and the failure to attend this IME appointment may result in a termination of PIP benefits by the insurance company. Insurance companies have a team of adjusters, investigators, doctors, and attorneys whose goal is to minimize the amount of money they pay to accident victims. Therefore, it is crucial that you seek the advice of an attorney to protect your right to just compensation.

Each day I come across individuals who have been involved in automobile, motorcycle, trucking, or pedestrian accidents and believed they had "full coverage" to protect themselves and their loved ones under their insurance policy, only to learn their insurance company and their agents had not fully explained to them all of the coverage available to them and the requirements of Florida law. An accident can occur to anyone at any time, usually when least expected. It can place the victim and their family in significant financial strain. Nevertheless, according to Florida law, if you own a motor vehicle with four or more wheels, you are only required to carry $10,000 of personal injury protection (PIP) insurance and a minimum of $10,000 of property damage (PD) liability insurance. Although not required by law, many drivers buy other types of insurance coverage in addition to the mandatory PIP and PD liability insurance. Common optional coverage includes: bodily injury liability, collision, comprehensive, uninsured motorist, medical payment, towing,and rental reimbursement. Therefore, in order to adequately protect yourself and your loved ones, it is extremely important to know the requirements of Florida law, as well as have a thorough understanding of all the optional insurance coverages available:

Personal Injury Protection (PIP) - The Florida Motor Vehicle No-Fault System, also known as PIP insurance, covers you regardless of whether you cause an accident (are "at-fault") up to the limit of $10,000. PIP insurance requires that your medical bills be directed to your own automobile insurance carrier. Your insurance company will pay 75% of the usual and customary charges for emergency services and care provided by any hospital, 80% of all reasonable, necessary and lawful medical, chiropractic, diagnostic, and transportation services related to injuries suffered from your car accident, and 60% of your lost wages up to a total of $10,000 minus any applicable deductible.

Property Damage (PD) - Since most accidents also involve damage to property, Florida mandates that all automobile insurance policies also carry Property Damage Liability coverage that pays for damage you cause to another person's property (fence, telephone pole, car, etc.) while driving. You may be subjected to a deductible of up to $500 for this coverage under your insurance policy.

Bodily Injury Liability - This coverage pays for serious and permanent injury or death to others when you are legally liable for an accident involving your vehicle. Your insurance company will pay for injuries up to the limits of the policy and will also pay for the legal defense if you are sued.

Collision - This coverage pays for replacement or repair of your vehicle when it collides with another vehicle, flips over or crashes into an object regardless of who is at fault for the accident.

Comprehensive - This coverage pays for losses for incidents other than collisions, such as fire, theft, hail, storm damage or vandalism. You may be subject to a deductible under this coverage for any damage other than the damage to your windshield.

Uninsured/Underinsured Motorist Coverage (UM/UIM) - According to a recent Insurance Research Council report, in 2007 Florida ranked among the five states with the highest percentage of uninsured drivers. 23% of Floridians are driving without any insurance coverage on their vehicles. UM Insurance only pays if you, your passengers or family members are hit by someone who is "at-fault" and does not have insurance, or has insufficient liability insurance to cover the total damages sustained by you.

Medical Payment (Med-Pay) - Since PIP insurance does not cover all of the medical expenses, insurance companies offer medical payments insurance that covers medical expenses beyond those covered by PIP which result from accidental injury. Medical payments insurance differs from bodily injury liability coverage in that it covers the medical expenses of you, members of your family, and your passengers, regardless of who is "at- fault." This applies whether you're in your car, someone else's car, or are struck by a car while walking.

Towing & Rental Reimbursement - These coverages can be added to your automobile insurance policy and would provide you with additional peace of mind in the event that you can no longer drive your vehicle after the accident.

I am often confronted with the sad realization that many Floridian are driving vehicles without proper or any insurance coverage. Many of my clients express to me that they have "full coverage" automobile insurance on their vehicles. However, upon careful review of their insurance policies, many only purchased basic insurance coverage as prescribed by Florida law. These individuals were not informed as to all of the benefits that they were entitled to purchase or that by adding some of the additional insurance coverages, as outlined above, to a policy may only result in a slight increase in their monthly premiums. Therefore, since the requirements of Florida law are clearly insufficient, it is increasingly important that individuals take matters into their own hands and purchase adequate automobile insurance to protect themselves and not rely on others to have done so.

For more information about automobile insurance in Florida, please visit our website. Additional information can be found by reviewing a consumer guide published by the Florida Department of Financial Services, as well as the consumer information page on automobile insurance provided by The Florida Bar.

Florida personal injury attorneys and their injured clients are routinely left to deal with numerous important matters long after a claim against the at-fault party and their insurance carrier has been resolved. One of these pressing matters is the resolution of medical expenses, often found in the form of a hospital lien.

Many counties, including Orange, Seminole, Brevard and Volusia, have ordinances that permit "charitable hospitals" to impose liens against any money recovered by injured victims in all causes of action, lawsuits, claims, and demands arising from the illness or the injuries necessitating the hospital care. Such laws entitle the lienholder hospital to an action at law against their patient to recover the cost of providing the injured victim with hospital care and treatment, as well as any attorneys' fees and costs incurred thereto. These liens apply to civil cases such as motor vehicle accidents, slip or trip and fall incidents, and wrongful death claims. While not all counties in Florida have such ordinances, in the areas where they are in effect, they can have a serious impact on the net monetary recovery obtained by the injured victim. People who are injured through the negligence of others may be dealing with the overwhelming burden of their injuries and medical treatment and such laws only serve to add to their concerns at a time when they need to focus on rebuilding their lives.

On July 21, 2009, the First District Court of Appeals of Florida, issued an opinion in the Mercury Insurance Company of Florida v. Shands Teaching Hospitals and Clinics, Inc. that may ultimately serve to invalidate hospital liens. The Court held that Alachua County's hospital lien law was unconstitutional. Article III, section 11(a)(9), of the Florida Constitution provides that "[t]here shall be no special law or general law of local application pertaining to . . . creation, enforcement, extension or impairment of liens based on private contract..." According to the Court, Chapter 88-539, Laws of Florida, pursuant to which the Alachua County ordinance was enacted, was a violation of this article of the Florida Constitution.

Although this case appears to have been decided correctly, it seems to be in conflict with Hospital Board of Directors of Lee County v. McCray, 456 So.2d 936 (Fla. 2d DCA 1984), which rejected a similar challenge to the Lee County hospital lien law. It is also important to note that the Mercury opinion is not yet final, as there is time for the parties to appeal the decision or request a rehearing. Should this opinion stand, its implications could serve to be significant for accident victims. As such, I will continue to monitor its progression. Nevertheless, such opinions that may be beneficial and in the best interests of my clients are always a welcome site.

As an Orlando insurance claims lawyer and a person who has been a victim of a car accident, I have had the unfortunate and frustrating experience of dealing with insurance companies. While some are definitely worse than others, my experience has lead me to the conclusion that all insurance companies adhere to the same basic principle of only looking out for their best interests. The American Association for Justice (AAJ), a coalition of trial attorneys, law professors, paralegals and law students, released a report identifying the ten worst insurance companies in America. After a comprehensive investigation and review of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony of former insurance agents and adjusters, the AAJ identified the following list of insurance companies, across a range of different insurance fields (auto, health, life, homeowners, and disability insurers) as being the ten worst insurance companies in America:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

Allstate Insurance Company stood out above the rest and earned the distinction of being the worst insurance company in America based on their repeated efforts to put profits above their policyholders. According to Allstate's CEO Thomas Wilson: "our obligation is to earn a return for our shareholders." A senior executive at the National Association of Insurance Commissioners (NAIC) clearly identified the ultimate goal adhered to by insurance companies: "the bottom line is that insurance companies make money when they don't pay claims." It is this mission that leads insurance companies to act in bad faith towards their insureds and earns them a bad reputation among consumers.

These insurance companies earned their rankings by employing a tactic of "strong arming" their policyholders. This confrontational approach employs a combination of denying, delaying, and defending claims regardless of whether or not they are valid. By using these tactics, insurance companies are wagering on the likelihood that the clamant would give up or the claims would become so expensive and time consuming that lawyers would begin to refuse these claims, leaving the claimants without access to legal representation.

Although we are aware that insurance is a business and insurance companies are motivated to help themselves and their money. The law requires insurance companies to treat their consumers fairly; this includes payment of claims that are honestly due to the insured. The problem is that insurance companies are not looking out for the best interests of their insureds. It is not unusual for an insurance company to limit or even deny coverage of a claim without proper justification or warning. They have a team of adjusters, investigators and attorneys whose goal is to minimize the amount of money they pay towards claims.

It is this insistence on not adhering to the requirements of the law and obligations toward their insureds that keeps civil trial attorneys, such as myself, in business. Although the AAJ has identified the above insurance companies as being the ten worst in America, my experience is that all insurance companies, to some extent, adhere to the same concepts and bottom line. While I agree that Allstate is by far the worst insurance company to deal with, most other insurance companies routinely deny valid claims resulting in financial hardships to my clients and subjecting their insureds to unnecessary lawsuits. Although insurance companies feel that denying, delaying, or aggressively defending claims will make claimants go away and would deter insurance claims attorneys from representing such claimants, I have found that claimants are very resilient and their attorneys are very determined to help their clients seek just compensation for their loss. It makes me want to fight even more for my clients.

For more detailed information about this study or to view a full copy of the AAJ's report, visit http://www.justice.org/docs/TenWorstInsuranceCompanies.pdf.

An accident can occur to anyone at any time, usually when least expected. It can place the victim and their family in significant financial strain. It is important for you to know your rights and obligations under Florida law, as well as have an understanding of what to do if you find yourself in that situation in order to protect your right to fair compensation. After an accident:

1. Contact 911 - get necessary police and emergency medical personnel to the scene of the accident, especially if you or someone else has been hurt in the accident. The accident report can be very helpful and Florida law requires the reporting of an accident. Don't simply rely on exchanging information with the other driver.
2. Gather Information - take photographs or video of the damage to the vehicles involved in the accident and the scene of the accident. Also, make sure to get the name and contact information (address and telephone number) for any witnesses. This is crucial because as time passes, witnesses may forget important information or evidence may no longer be available to examine. An attorney can assist you with making sure this critical evidence is gathered, preserved and used appropriately.
3. Seek Prompt Medical Help - if you have been injured in the accident, it is important for you to seek emergency medical care as soon as possible following the accident, no matter how minor you may believe your injuries are. Insurance companies will try to hold it against you if you don't get prompt medical treatment for your injuries after the accident.
4. Notify Your Insurance Company - virtually all insurance companies require their insureds to notify them of the accident. However, seek the advise of an accident attorney before speaking directly to any insurance company. Insurance companies have a team of adjusters, investigators and attorneys whose goal is to minimize the amount of money they pay to accident victims.
5. Hire An Attorney - Within days or possibly even hours of the crash, you may be approached by a representative of the insurance company and asked to make a statement, sign papers, or accept a settlement offer. It is vital that you do not talk to any insurance investigator, sign any papers, or accept a settlement before getting the advice of a lawyer with experience in accident claims in order to protect your right to fair compensation. Many injuries caused by accidents have long-term consequences they simply do not account for. Insurance companies sometimes seek quick settlements before the victim has had a chance to consult an attorney or fully appreciate the extent of their injuries.
6. Get Follow-Up Treatment - if you were injured in the accident and have continued to experience pain and discomfort, it is important that you follow-up and receive continued care from a medical professional. Any lapse or delay may be used against you by the insurance company and hurt your claim.

Being involved in a car accident can be a very traumatic event. Stress, confusion, and injuries may affect your ability to think clearly. What you do immediately after a car accident can help or hurt your chances for financial recovery. For more information, contact us and allow our experience to work for you.

Florida civil trial attorneys and their clients will have to face higher court filing fees beginning July 1, 2009. The party initiating a lawsuit (Plaintiff) will have to pay an additional $100.00 to the clerk of court in the county where the lawsuit is filed. All civil cases including motor vehicle accidents, premises liability, insurance claims, and other personal injury actions will feel the effects of this increase - especially cases involving contingency fee agreements between a law firm and a client.

The filing and prosecuting of civil lawsuits is already a costly affair. Depending on the complexity of a particular case, attorneys typically incur thousands of dollars in costs to successfully prosecute a case on a clients behalf. When a contingency fee agreement is entered into between a law firm and a client, the law firm will advance these costs on behalf of their clients with the understanding that they will be reimbursed for these expenses directly from the client if the outcome of the case is successful. Law firms know full well that in the unfortunate event that the outcome of the case is unsuccessful, they may not recover these expenses. It is important to note that such increases in costs also directly impacts a client. By having to reimburse their attorney or law firm for all costs advanced on their behalf if a recovery is made, the client ends up receiving a smaller net recovery.

While the passing of this law will probably not serve to deter the filing of a civil lawsuit, its effects will be noted. Attorneys must always do what is in the best interest of their clients and must make recommendations accordingly. I always dedicate the necessary resources to ensure that my clients are adequately represented and their rights are protected. This increase in the filing fee will not deter me from filing lawsuits to protect my client's rights to just compensation for their loss.

I often reminded of the constant struggle that Florida insurance claims attorneys are confronted with in an effort to protect Florida's hard-working families from the potential passage of laws that only serve the purpose of helping big insurance companies. On June 24, 2009, Florida Governor Charlie Crist vetoed HB1171 that was inappropriately coined the "consumer choice" bill. Had this measure passed it would have contained no provisions affording any choices or consumer protections, but instead would have allowed large property insurers such as State Farm, to raise residential property insurance rates as high as they liked and without any oversight by the Office of Insurance Regulation (OIR).

This bill would have exempted certain insurers from the determination that there rates are excessive by OIR and thus giving them the opportunity to collect unregulated insurance premiums at the expense of Florida's property owners. According to an official letter dated 6/24/09 from Governor Crist "this will likely result in significant and unpredictable rate increases that, during these difficult economic times, people can simply not afford."

The governor should be commended for standing up to Big Insurance and working side-by-side with Floridians. Nevertheless, I can't help but wonder how and why this proposed bill found its way to the Governor's desk necessitating a veto.