FAQ's
Why
do we have to use my insurance company if I did nothing
wrong to cause the accident?
Even when our client is in an accident that is based
on the negligence of another person, we still are able to make
a claim for personal injury protection benefits, more commonly
known as PIP. This is the classic "no fault" insurance the
legislature designated to pay 80% of a person's medical bills
and 60% of a person's lost wages, up to $10,000, whether the
person is are at fault or not.
The short answer is that the client already paid premium dollars
for this coverage and, if not used, the person who caused the
accident will not be held liable for the damages PIP would
have paid.
How
much is my case worth?
This is one of the most difficult questions an attorney will
get asked. Cases have value based on five areas assuming the
liability issue, i.e. who was at fault, is clear. Plaintiff's
in personal injury cases are entitled to five areas of damages.
Those areas are as follows: (a) Past medical bills; (b) Future
medical bills; (c) Past lost wages; (d) Loss of earning capacity
in the future and (e) pain and suffering.
There is no tried and proven
formula to determine exactly how much a case is worth and it
really depends on how the evidence comes in on a case. More
specifically, whether or not there are any inconsistencies
in testimony, medical records and other issues which would
allow the insurance company's lawyer to take away credibility
from the injured party's case. However, based on our track
record of trying cases in the State of Florida, we are generally
able to come up with at least a "range of value" of cases after
the attorney who is working the case has been able to get all
the medical records and bills in and see how the client has
progressed since the time of the injury. Even with all that
information, it is very difficult to come up with an exact
figure. Typically, a range of value based on our vast experience
in handling these types of cases can be determined, once all
the relevant information is gathered. To make a statement about
value before all such information is received would be irresponsible.
What
does a "letter of protection" mean in my case?
In many instances people do
not have insurance coverage or their PIP benefits are exhausted.
When that is the situation, some medical facilities and physicians
are willing to take a "letter of protection." This is a document
that gives the patient the ability to keep treating without
paying for the medical bills at the time of treatment. These
letters of protection typically, if accepted by the facility
or physician, allow the patient to keep treating and once a
recovery is made, the doctor or healthcare facility is reimbursed.
However, it is always made clear to the client that even with
a letter of protection in their medical file they are ultimately
responsible for the medical bills in the event the case does
not resolve as expected.
What is MMI and a permanent impairment
rating?
When treating with a doctor,
eventually we request a final narrative at the conclusion of
your treatment. When we speak of conclusion of treatment, it
means that when the treating physician has decided you are
at MMI. This is an acronym for maximum medical improvement
and simply means you are as good as you are going to get. That
is not to say you are as good as you were before the accident,
but your condition is stabilized and you have a loss. It is
at that point that some doctors assign, and insurance companies
request, a permanent impairment rating. This is generally done
pursuant to the AMA guidelines.
I have "full
coverage". Why am I not covered?
This statement is probably the most painful one that lawyers
in our firm have to answer on a day to day basis. Typically,
insurance agents will give a potential consumer a quote on
whatever type of coverage the consumer asks for. "Full
coverage" can mean a variety of things but, in an automobile
insurance policy it would mean the policy includes the following
coverage: PIP or no-fault, medical payment benefits and un/underinsured
motorist coverage. The PIP coverage applies whether or not
the consumer is at fault, the med pay benefits can make up
the 20% of medical expenses PIP does not cover. Underinsured
or uninsured motorist coverage allows you to collect from your
own company in the event you are injured through the negligence
of somebody who has little coverage or no coverage. Typically,
we are asked this "full coverage" question in instances where
a client has been injured by someone who has no insurance and
based on what their insurance agent told them, the client thought
they had "full coverage." It is unfortunate and is something
we deal with on a day to day basis.
Frequently, our clients who
thought they had "full coverage" have no (or minimal)
uninsured motorist coverage and no medical payments coverage.
Uninsured motorist coverage is perhaps the most important coverage
you can carry, given the high percentage of drivers in South
Florida with little (or no) bodily injury coverage. This coverage
protects you and your family from such careless drivers.
How long
will it take to bring my case to a conclusion?
The answer to this question
also depends on the complexity of the case. In other words,
the last thing we want to do is resolve a case while our client
is still healing or does not have a good understanding of what
their future medical condition will be in the future. Every
lawyer's worst nightmare would be to allow the client to sign
a release and then find out a short period of time later, they
need more surgery or have massive medical bills still facing
them. With that being said, typically the average negligence
case is resolved within 12 months after being signed up by
the firm, if litigation is not necessary. Naturally, that time
range is subject to fluctuation depending on the facts of the
case.
Why do we
have to "file suit" and what does that mean?
Filing suit is the actual act
of filing legal papers at the courthouse. This is done only
with the client's permission after all reasonable efforts have
been made to resolve the case in pre-suit period. Over the
last 7 to 8 years the insurance industry has gotten extremely
aggressive in defending the cases and we find ourselves in
litigation more and more often. When a case is actually filed,
that does not mean that you will one day be walking up the
courthouse steps with one of our lawyers. Although most cases
resolve before trial, there is a possibility that once your
case is filed it can go to trial. However, based on our experience,
we are able to keep the client educated as to their options
during this entire process.
Why do I
have to pay costs in the case?
Our firm uses the Florida Bar
approved contingency fee contract. This contract allows for
several options. In regard to fees, it allows for 33 1/3% recovery
prior to the filing of a lawsuit and an answer being filed
by the defendant as well as payment of costs by the client.
Typically, we are able to keep costs down to a minimum in the
pre-suit period and early litigation stage. However, as the
case moves forward to trial the costs can be very extreme.
This not something done by design on our part, it is just a
fact of life in litigation across this country that once the
insurance company gets involved in a case against the consumer,
the costs run rampant. Our firm does have the resources to
keep up with the insurance companies in regard to these costs,
however, ultimately they are paid by our client in the event
of a recovery.
I was involved in a car accident
and was not at fault. The officer gave a ticket to the other
individual. I have contacted the other party's insurance company,
and it refuses to honor my claim because its insured has not
given notice of the accident. Doesn't that insurance company
have an obligation to pay my claim even if its insured does
not report the accident?
The company is obligated to
pay what the insured is legally liable for because of an accident.
A ticket by itself is not evidence of 100% legal liability,
therefore, in many instances the company may not have to pay
for damages if their insured does not report the accident and
cooperation in the investigation. There are many factors taken
into consideration when evaluating liability claims. Each situation
is judged on its own merit.
What is the minimum amount of insurance required by the State
of Florida?
Any person who has a car in
Florida for more than 90 days during the preceding 365 days,
resides in Florida, is employed in Florida or has children
in school in Florida must purchase personal injury protection
($10,000) and property damage liability coverage ($10,000).
In addition, if the insured is involved in an accident, the
Financial Responsibility Law, regulated by the Department of
Highway Safety and Motor Vehicles, also requires bodily injury
liability coverage ($10,000 bodily injury one person, $20,000
bodily injury one accident, or $30,000 combined bodily injury).
Why do
I have to carry PIP if I already have health insurance?
Florida law requires every
owner of a motor vehicle required to be registered in Florida
to carry PIP to protect themselves in the event of injuries
sustained in an automobile accident. This coverage is primary
over any health insurance.
Is insurance
required on motorcycles?
There is no statutory requirement
to purchase insurance on motorcycles, except when a driver
has to prove financial responsibility due to violations or
failure to pay for damages they caused in an accident. However,
lenders may require comprehensive and collision coverage to
protect their interest.
What is comparative
negligence?
Comparative negligence is a
legal principle providing that the amount of a person's recovery
from an accident is determined by the percentage of his contribution
to the accident. In Florida, the percentage of the individual's
negligence in the accident is usually subtracted from the amount
he would otherwise recover, if the other person were 100% at
fault. For example, generally a person 50% at fault can have
his damages reduced by 50%,
How long
does an insurance company have to settle an auto claim?
There is no specific time limit
during which the company must come to a settlement agreement
with an insured or a third party claimant. However, once the
person and the company have agreed in writing upon an amount,
the company must pay within 20 days or pay interest as provided
by Florida Statute 627.4265.
Can an insurance
company refuse to renew your policy based on the number of
accidents made in the last three years?
An insurance company may non-renew
your policy if you have more than one at-fault accident. If
you have three or more accidents, regardless of who is at fault,
the company may non-renew your policy. Please note, a company
may non-renew for claims activity, regardless of accidents.
|
