Category Archives: Auto Accidents
Does Florida Law Still Apply If You Are Injured While Driving In Another State?
Florida requires all licensed drivers to carry a minimum amount of auto insurance. This insurance must provide certain “no-fault” personal injury protection (PIP) benefits. These benefits, in turn, must cover 80 percent of any “necessary and reasonable medical expenses” arising from a covered accident up to the $10,000, regardless of who was responsible for… Read More »
When Is The Rear Driver Not Legally Responsible For A Rear-End Accident?
In rear-end car accidents, the rear driver is usually at fault. Florida law actually imposes a presumption of negligence on rear driver defendant in these situations. There are, however, ways a defendant can rebut this presumption, such as they can prove they suffered a “sudden and unexpected loss of consciousness,” which left them incapable… Read More »
Auto Insurer Not Responsible For $7.7 Million Wrongful Death Judgment
Auto insurance companies are not in the business of paying out claims when they believe the language of the policy supports a denial of coverage. In some situations, the policy language may be ambiguous, in which case a Florida court will normally resolve the ambiguity against the insurance company as the drafter. But when… Read More »
What Is The Deadline For My Auto Insurer To Pay PIP Benefits?
Florida’s no-fault insurance law requires auto insurers to provide their policyholders with up to $10,000 in personal injury protection (PIP) benefits for a given accident. The insured party, or the party to whom they have their assigned insurance benefits, must file a written claim with the insurer. Upon receiving this notice, the insurer then… Read More »
The Importance Of Locating Witnesses After An Auto Accident
Many car accident lawsuits come down to a “he said/she said” situation. That is to say, each driver blames the other for causing the accident. But oftentimes, there were other people at or near the accident scene at the time, and they are often able to provide an impartial account of what actually happened…. Read More »
Can My Auto Insurance Company Require An “Independent” Medical Exam Before Paying Out PIP Benefits?
Florida follows a “no-fault insurance” rule with respect to auto accidents. Essentially, this means that if you require medical care following an accident, your own insurance company is expected to provide “personal injury protection” (PIP) benefits to cover your expenses. The insurer is required to provide such coverage without regard to fault–i.e., without deciding… Read More »
You Live in Florida. Your Car Accident Happened in Georgia. Which State’s Laws Apply to Your Personal Injury Case?
Personal injury lawsuits are typically handled at the state level. This is because every state has its own specific rules for handling such claims. A lawsuit that may be viable in Florida, for example, may not be in Georgia, and vice versa. One reason you should always consult an attorney as soon as possible… Read More »
What Happens If Your Auto Insurance Is Canceled Just Before You Have an Accident?
Florida follows a “no-fault” rule when it comes to auto accident damages. This means that if you are involved in a car accident, you are required to first seek coverage from your own auto insurance carrier no matter who was responsible for causing the damage. Only if your injuries meet a certain legal threshold… Read More »
Judge Does Not Accept New Theory of Car Accident That Led to $1.4 Million Personal Injury Award
Before you file a personal injury lawsuit following a car accident, it is critical to conduct a thorough investigation into the parties involved. For example, if you are hit by a vehicle owned by a business, you need to research that business and learn about what insurance policies, if any, may cover that vehicle…. Read More »
Can a Judge Just Throw Out a Jury Verdict in a Personal Injury Case?
When a personal injury lawsuit proceeds to trial, it is the role of the jury to serve as the “fact finder.” Among other things, this means the jury–not the judge–is supposed to weigh the credibility of the witnesses and other evidence in determining who was at fault for an accident. Although there are limited… Read More »
