PIP Law Changes Benefits for Auto Accident Victims

Let us help remind you of the new bill recently

approved by the Florida Legislature and expected to be signed

by Governor Rick Scott in the upcoming days, will change

 the benefits automobile accident victims currently receive.

Currently, Personal Injury Protection (PIP) insurance pays

up to $10,000 in medical benefits to anyone injured in an

auto accident, regardless of who is at fault. The injured

victim is free to receive medical attention from any

medical provider and at any time after the accident.

As a result of the new bill, a car accident victim must

receive treatment within 14 days in an ambulance or

hospital, or from a physician, osteopathic physician,

chiropractic physician or dentist. They can receive the

$10,000 medical benefit only if a physician, osteopathic

physician, dentist, supervised physician’s assistant or

advanced registered nurse practitioner determines that

the insured has an “emergency medical condition.” If not,

the PIP medical benefit is limited to $2,500. Also, there’s

no reimbursement for massage therapy or acupuncture.

If an injury surfaces after the 14-day window, motorists

will have to seek medical treatment through their health

insurance, Medicaid or Medicare. The injured person may

also present a claim for injuries against the at-fault party

or through their Uninsured Motorist policy.

As a result of this new law, it’s extremely important that

when someone is injured in an accident to seek medical

attention immediately. Waiting for the pain to subside

or feel better eventually will only lead to a lack of PIP

benefits.

VICTIM OF A CRIME? KNOW YOUR RIGHTS

Negligent Security cases involve individuals that have been attacked and injured on a business owner's property, when the business owner is negligent of failing to provide proper security in the area. Contact a south florida attorney. The owner of a business property has a duty to protect a guest on the premises from a criminal attack that is reasonably foreseeable. The foreseeability of an attack is based upon the business owner's past experience that there is a likelihood of disorderly conduct which may endanger the safety of his patrons. Therefore, in other words, if management knew or should have known of a general or specific risk to individuals and failed to take reasonable steps to guard against that risk and because of that failure a person is injured due to an attack, the business owner may be held financially responsible for the victim's injuries.

In order to prove a negligence security case, a good source of information to show prior similar attacks would be to obtain police records. The police department assigned to the business property should keep records of every time they are called to the business establishment because of an alleged crime or assault. The department codes the calls and divides them into different categories such as burglary, larceny, vandalism, robbery, assault, stolen vehicle and other crimes. If it can be established that the business owner knew based upon past experience of a likelihood that their patrons would be endangered and attacked, and failed to implement proper procedures for the safety of their patrons, they may be held liable for negligent security and be responsible to the injured person for those injuries. Contact a south florida attorney.

Different ways that a business owner can protect their patrons would be to maintain proper lighting in the business establishment, and possibly even hire a security guard to patrol the area in an attempt to keep the area safe for their patrons. The more evidence of prior incidents of crimes at the business owner's property, the higher the likelihood that the business owner is going to be held liable for the victim's injuries. Along with the claim for negligent security, a victim of a crime may also make a claim through the office of the Florida Attorney General, Bureau of Victim's Compensation. The State of Florida through the Attorney General's office has set up a trust fund to offer financial assistance to victims of violent crimes who were injured as a result of a crime and are experiencing financial hardship. Contact a south florida attorney.

Help for the Injured: Your Legal Rights

RENTING A CAR AFTER AN ACCIDENT, WHO PAYS?
One of the major issues after an automobile collision is the renting of a substitute
vehicle while one’s car is being repaired. There are two ways to obtain rental coverage after an automobile collision.

The first thing in the event of a car accident is through one’s own automobile insurance policy. When a person buys automobile insurance, one of the coverages that can be purchased is “rental coverage”. Usually the rental coverage on one’s own policy will state a certain allowance per day for the rental
coverage for a limited amount of time. It is important that a person be aware of the limits
in coverage before renting a vehicle, and to try to obtain a rental vehicle within the
coverage limits in order to avoid paying any additional costs.

The second possibility is to obtain a rental vehicle through the at-fault driver’s policy. If a
person is in a motor vehicle collision which was not their fault, and the person that
caused the accident has property damage liability coverage, then the victim of the crash
is entitled to both payment for the repairs of their car and a rental vehicle.
When pursuing a claim for rental coverage against the at-fault driver’s insurance, the
victim of the crash is entitled to rent a vehicle “similar” to the vehicle that they own. This
means the at-fault driver’s insurance company will not pay for the rental of a Cadillac
Escalade, when the victim was driving a Toyota Corolla.

It is important that the victim contact the insurance company of the at-fault driver to
confirm that they accepted responsibility for paying the property damage claim and that
they are aware that the victim is renting a vehicle. Also, the victim should request that
the at-fault driver’s insurance company set up a “direct bill” with the rental car company.
This will allow the rental car company to submit the rental charges directly to the
insurance company of the at fault driver. Therefore, the renter will not have to pay first
and then wait to be reimbursed.

Another issue with reference to renting a vehicle is whether or not to purchase the extra
insurance offered by the rental car company. Please be advised that a person’s own
insurance company, in most situations, will cover the rental vehicle while the person’s
car is being repaired. Therefore, most of the time, a person who is renting a car does
not have to pay for the extra insurance if you already have automobile insurance for
your own car.

Please review your own automobile insurance company policy to confirm if your
personal automobile insurance covers you while you are driving a rental car. Also,
please be advised that, if you do decide to purchase the extra insurance with the rental
car company, the liability insurance company paying for the rental vehicle will not pay
for this extra expense, and you would be responsible for this additional cost.

IMPORTANT TO CONTACT ATTORNEY AFTER ACCIDENT

In Florida, if you are injured due to the negligence of another, you are entitled to collect monetary compensation for your injuries. If you have been injured in any type of accident, it is important that you speak with an attorney immediately after the accident to obtain information regarding your legal rights.

In Florida, if you are injured due to the negligence of another, you are entitled to collect monetary compensation for your injuries. If you have been injured in any type of accident, it is important that you speak with an attorney immediately after the accident to obtain information regarding your legal rights.

Another reason to speak to an attorney as soon as possible is for the attorney handling the case to begin to investigate the incident and obtain evidence to prove your case. As the person bringing the case against the negligent party, you have the burden of proving that the other person did something wrong to cause your injuries.
 

If you cannot prove it, you may no have a case. The longer you wait to call an attorney the greater the opportunity for evidence to begin to disappear, whether it be a surveillance tape from a department store which taped your fall, or a dangerous parking lot area with a cracked surface, that caused you to trip and hurt yourself. Within a reasonable amount of time after signing up a client, the attorney should go out to the scene of the accident and obtain the appropriate pictures of the dangerous condition. The more time passes, the greater the opportunity for the negligent person or company to fix the danger.

For example, an investigation associated with an automobile accident involves several steps. To help prove your case, your attorney’s office should take photographs of your vehicle if the damage is significant, obtain a copy of the police report, contact the witness and request their written sworn statements as to what occurred in the collision and obtain the insurance information from the at fault driver. After the initial investigation, medical records should be requested to document your injuries.

After you have been finalized from the doctor, a settlement demand package will be sent to the at fault driver’s insurance company, and the settlement negotiations for your case should begin. As the settlement negotiations continue, you should be kept informed of any offers. Your attorney should advise you of how much money to accept from the insurance based upon all the facts of the loss, but ultimately it is your decision of whether to accept an offer or not. An attorney cannot accept any offers without the authority of the client.

AUTOMOBILE INSURANCE: DO YOU REALLY HAVE FULL COVERAGE?

We all know that we need automobile insurance. However, most people do not put much time in deciding what types of liability insurance they need and what limits to purchase.

Bodily injury liability coverage (BI) and uninsured/underinsured motorist (UM) coverage are not required by law. Therefore, most people believe they have “full coverage” when

in reality they do not.

There are several different coverages that are contained within your automobile insurance policy. Coverage such as bodily injury liability protects you, the insured, from claims filed against you while coverage such as uninsured/underinsured motorist protects you from damages you sustain due to the negligence of others.

Bodily injury liability coverage is designed to protect the insured from claims where the

insured is at fault in an accident and causes damages/injuries to others. This coverage

can be purchased in several different increments, for example $25,000/$50,000/$25,000

or $100,000/$300,000/$50,000.

The first number represents how much the insurance company will pay per person

injured in an accident and the second number represents how much the insurance

company will pay for all people injured in an accident. The third number represents how

much the insurance company will pay for property damage caused by the insured to

others.

Uninsured/underinsured motorist coverage can be purchased in the same limits as your

bodily injury liability coverage. UM coverage protects you, the insured, from injuries

and medical expenses caused by the negligence of others who do not have sufficient

liability coverage. In order to collect uninsured/underinsured motorist benefits the

insured has to demonstrate that the other driver was at fault for the accident and caused

the injuries.

The insurance company has an adversarial relationship with its insured in this type of

insurance, therefore it is often beneficial for the insured to retain an attorney to represent

his or her interests. A large percentage of drivers do not carry bodily injury liability

insurance or sufficient liability limits and therefore, uninsured/underinsured motorist

coverage is a very important coverage to purchase in order to protect your own assets and

well being.

Oftentimes, someone is injured in an automobile accident and is in need of insurance

coverage to protect them from injuries and damages sustained in the accident. If there is

no coverage or insufficient coverage, the injured person can go uncompensated for

serious injuries, medical expenses and lost wages. If the at fault party does not have

insurance or has limits that are too low they can be faced with a personal liability

exposure. This means that their personal assets may be at risk to compensate the injured

victim. Therefore, it is beneficial to purchase as much BI and UM coverage as you can

afford and an amount which is consistent with your assets and earning ability. You do

not want to be liable for a claim against you that exceeds the amount of insurance you

purchased. You could be putting your personal assets at risk. Likewise, you do not want

to incur medical bills and lost wages due to the negligence of another who does not have

BI coverage sufficient to compensate you. Either scenario can lead to financial hardship.

In conclusion, do not leave yourself unprotected in the event you sustain serious injuries,

medical expenses and lost wages. Furthermore, do not go unprotected for injuries or

damages you may cause to others. Consult an attorney or insurance agent and obtain an

insurance assessment before you are faced with either scenario.

Be Prepared for Hurricane Season

Be Prepared for Hurricane Season. Document Your Property.

When most people think of hurricane preparedness, they think about storm shutters, bottled water, and a generator. Most do not think about documenting their property and belongings. With hurricane season here, you need to consider what would happen if your home and belongings are damaged by the storm. What if you have to prove damage? What you have to hire and attorney? Here are a few tips for preparing for hurricane season.

1. Before hurricane season begins, review your policy to make sure you are properly

insured and understand your coverage.

2. If you have any questions or don’t understand your policy, make an appointment

with your agent to go over it.

3. Once the hurricane is headed our way, insurers will not make changes to your

policy.

4. Be prepared to document a claim before it occurs.

5. Take still pictures or videos of your house and personal belongings to insure there is no doubt as to what you owned before the storm.

6. Gather receipts for expensive items you may have purchased.

7. For those without a receipt, create an inventory: make, model, year of purchase and cost.

8. Save information in a safe place where it cannot be destroyed.

9. Consider an electronic copy of these documents or sending a copy to a friend or family member out of state.

10. If you can’t get your claim paid in a timely manner or your claim is denied, hire an attorney.

Your Legal Rights In a Dog Attack

If you are a dog owner or if you have been bitten by a dog, you should know the legal ramifications of a dog bite or attack. Dog owners are 100% liable if their dog bites or attacks another person and injures them. Also, the person attacked usually has the right to total compensation for the injury. Of course, the exceptions are if the person bitten was trespassing or provoking the dog.

What you need to know as a home owner, is that if you have a dangerous or vicious dog, you are under 100% responsibility to make sure your dog does not bite anyone. You are responsible to keep your dog confined indoors or within a secure fence and you should keep the dog muzzled and on leash when walking the dog. If the dog bites or injures someone, you are then 100% liable to pay for the dog bite injury. Your homeowner's insurance policy will usually cover dog attacks as long as you inform your insurance company that you own a dog and the type of dog breed you have. If you are a renter and you have dog, it is important to get renter's insurance that will cover you if your dog bites or injures a person. Otherwise you could be sued directly if your dog bites someone.

If you are bitten by a dog, of course the first thing to consider is medical attention. Dog bites are highly toxic, and likely to become infected. Get medical help right away by going to the hospital emergency room or calling an ambulance if your injuries warrant that. Because the dog owner is liable, be sure to get photos of your injuries for documentation. Next, call an attorney to help you handle your case. Usually the dog owner's home owner's insurance or renter's insurance will cover your medical costs.