Q. What type of automobile insurance should I have?
A. Many of my clients have questions about what type of Automobile Insurance Policy coverage they should have. I hope I can answer some of your questions about Uninsured Motorist, No Fault and Medical Payment coverage.
Everyone should carry Uninsured/Underinsured Motorist coverage ("UM"). Despite what insurance representatives may tell you, UM is one of the most important types of coverage you can have. If you are injured in a car accident by someone with no insurance the UM is there to compensate you. You should carry "stackable UM" on all vehicles you own. You should never sign any rejections or waivers of UM.
It is important to have no deductible or very little deductible on your No Fault Personal Injury Protection ("PIP") policy. PIP covers 80% of your medical bills and 60% of your lost wages. Most people with high deductibles cannot afford a deductible over $500.00 in an emergency. Do not let this happen to you.
Also, as supplement to PIP you should carry the Medical Payments provision ("Med Pay"). This is added financial protection in the event you or a loved one is injured in an accident. That is because Med Pay will cover the 20% of your medical bills that PIP does not pay. Remember, you cannot afford to be unprotected.
Q. Why should I wear my safety belt?
A. As an attorney, I often help people make important decisions. Perhaps the most important decision you make everyday is whether to use your safety belt. This is an important decision because one second can change your life forever. In fact, most car collisions last only 1/10th of a second. That's too fast for a human being to react, but it's not too fast for your safety belt which can activate in less than 1/100th of a second.
A collisions at 15 mph can kill an unbelted passenger. That is because in a vehicle collision there are actually two different impacts. The first is when your car hits something, the second is when your body hits something. Motor vehicle accidents are the leading cause of injury and death to children. That's why children must use belted car seats.
Failure to wear safety belts can affect both your insurance coverage and even prevent your recovery of money damages in a law suit. This is because in Florida there is a legal concept called "comparative negligence". Comparative negligence means if you have contributed to the severity of your injuries, then compensation for medical expenses, pain and suffering and lost wages can be severely reduced or even eliminated.
For example, you have been in an accident caused by someone else, but you were not wearing your safety belt. You were badly injured so you sued that person to recover money damages for your injuries. In court at trial, the jury decided that because you were not wearing your safety belt you were 50% at fault in causing your injuries. Therefore, your money award was cut in half. If the jury had found you were 100% at fault because you were not wearing your safety belt, you would have received nothing.
Drive safe, drive smart, buckle up before you start.
Q. What do I do if I'm injured?
A. Sustaining an injury is a traumatic experience. If you or a loved one has been injured in an accident, you should seek immediate medical attention either at the hospital emergency room or with your doctor. Don't delay in seeking medical treatment since injuries can get worse without proper treatment. The next thing you should do is consult an attorney experienced in these matters who can explain your rights under the Florida law. Do not talk to any insurance company representatives or sign any papers until you have the benefit of legal counsel first.
Q. Who pays for my medical bills and time lost from work?
A. All persons who own a car in this state are required to carry insurance called Personal Injury Protection Benefits. Your insurance company will pay 80% of your medical expenses and 60% of your lost wages regardless of who is at fault. If you have been injured due to a slip and fall or a faulty product and have health insurance the health care providers can bill your health insurance.
Then in turn, what your health insurance company will do is to place a lien on your case so that they may be reimbursed by your third party claim. This puts the burden of paying for your health care on the party responsible for your injuries. Additionally, a claim for lost wages will be made on your behalf for any lost wages you have incurred.
Q. Who pays for the damages to my car?
A. If you carry comprehensive and collision coverage, your insurance company will repair your vehicle and usually collect the "deductible" from the party at fault.
Q. I received a ticket in my accident. Does this mean I have no claim against the other driver for my injuries?
A. Even though you received a ticket for the accident, you may still collect damages against the other driver if the jury determines that the accident was partly his fault. This is known as comparative negligence and will be more fully explained by your attorney.
Q. The people who hit my car have no insurance. What do I do?
A. When you are injured at the hands of an uninsured motorist you may be able to collect from your own insurance company through the uninsured motorist benefits which by law must be offered to you when you purchase automobile liability insurance. Your attorney will need to examine your policy to determine the availability of this coverage.
Collecting damages for accident injuries can be difficult and confusing. Please remember that insurance companies want to save money when they pay claims. On the other hand as your attorney I want to collect every possible dollar to compensate you.
Q. Some facts everyone needs to know about drunk driving.
A. Drunk driving is technically referred to as DUI which stands for driving under the influence of alcohol or a controlled substance to the extent that your normal faculties are impaired. Even though most people arrested for DUI are generally nice people in the wrong place at the wrong time, DUI has long been considered a serious threat to public safety. This is because DUIs can kill people.
The most common means of proving impairment is by breath test which theoretically determines the percentage of alcohol in your blood. When arrested for DUI, the police will request you submit to a breath test. If your blood alcohol content is at least .08% or if you refuse to submit to a breath test, then the police take your license on the spot. For people under 21 years of age .02 is the legal limit. Your DUI citation will serve as your temporary permit to drive but only for a period of 10 days. After that your license will be suspended and you will not be eligible for an employment permit for an additional 30 days if you take the breath test or 90 days if you refuse the breath test. This can be contested before the Department of Motor Vehicles.
The DUI law is designed to be harsh. The previous paragraph only describes what happens before you even get to court. The DUI statute is very specific about the numerous other penalties you must suffer upon conviction such as jail time, mandatory community service, probation, prolonged driver's license suspension and compulsory driver improvement school to name a few. Repeat offenders are treated even more severely.
I am often asked in social settings about how to beat a DUI. There is one foolproof way of doing this. Simply, do not drink and drive. That is the most effective way of avoiding a DUI. Even if your blood alcohol level is as low as .05%, you can find yourself under arrest. Practically speaking, many people are at risk after only one beer. Remember, a taxi is about ten thousand dollars cheaper than costs, fines, fees, and increased insurance rates which directly stem from a DUI arrest.
Should I submit to the breath test and any field sobriety tests?
A.Maybe. Whether or not you submit to a breath test depends on whether or not you had anything alcoholic to drink. If you refuse to submit to a breath test then your license will be suspended, but if you take the breath test and blow over a .08 your license will be suspended (please refer to the DUI section of my website DUI Information). As far as submitting to field sobriety tests such as walking the line, counting balance, the Horizontal Gaze Nystagmus (the pen in front of your eye test), politely refuse these. Never take these tests; they are NOT designed to prove your innocence.
