Lesser Law Blog - Personal Injury Law » Uninsured Motorist Coverage

But I Don’t Want to Go to Court…

Michael S. Smith — Wed, 17 Mar 2010 20:19:14 +0000

Thru the years, we have frequently had clients express concern about “going to court.” This reaction is natural, since many of our clients have never had any interaction with the justice system. On television, “court” looks like a very scary place. Slick lawyers hammer witnesses into confessions before the first commercial break. What sane person would voluntarily subject herself to such abuse?

Reality, of course, is much different from television drama. Many civil disputes are resolved before a lawsuit is even filed. Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse. Florida has a very strong pre-trial mediation program. This program is mandatory, and no case can go to trial in Florida without first going through the mediation process. Trained mediators help the parties try to reach a compromise they can live with. We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial. We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected. Palm Beach County is blessed with the finest judiciary in the State of Florida. Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial. While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

Motorcycle Safety, Injury Prevention and the Law

Joseph B. Landy — Mon, 25 Jan 2010 15:44:48 +0000

Motorcycles are a common source of transportation – both for recreation as well as for a source of primary transportation. There is no doubt the popularity of the motorcycles continues to escalate. In fact, according to the American Automobile Association (AAA), motorcycle registration has increased nearly 50% in under a decade. The basis of the growth includes improved reliability, a wider array of models, fuel efficiency, and a large increase in the number of female riders as well as middle age and older riders. Unfortunately, the National Highway Traffic Safety Administration (NHTSA) reports that the growth in motorcycles has been accompanied by a 115% increase in the number of fatal crashes involving motorcycles. In order to be a safe motorcyclist, one must fully understand, and appreciate, the laws of the road. In Florida, there are numerous laws applicable solely to motorcyclists. A highlight of these laws is as follows:

1. Safety helmets – Section 316.211 Equipment for Motorcycle and Moped Riders – Not required for those over the age of 21 with a minimum of $10,000 in medical insurance. Despite the fact that the law does not require the use of a helmet, it is without a doubt the single most important element of motorcycle safety. As trial attorneys, we have encountered those clients that have been involved in motorcycle accidents that, due to the use of a helmet, broke their bones but kept their brains intact. On the other hand, we have also encountered the tragic results of a catastrophic brain injury, and even death, which may have been prevented by the use of a helmet.

2. Licenses and Educational Requirements – Prior to their obtaining their license, the riders must pass a skill as well as a knowledge test. Florida will accept motorcycle endorsements from other states.

3. Eye protection – Eye protection is required by Florida law at all times while operating a motorcycle.

4. Daytime use of headlight – In order to maximize the motorcycle’s visibility to oncoming traffic, daytime use of headlights is required by Florida law, although a modulating headlight is permitted.

5. Passenger – A passenger seat, as well as passenger foot rest, are required for all passengers. There is no age restriction for motorcycle passengers.

6. Speakers – Motorcycle speakers, as well as helmet speakers, are allowed. On the other hand, earphones are illegal as they are obstructive to proper hearing of the motorcyclists.

7. Safety inspections – Florida has no periodic safety inspection requirement.

8. Mufflers – Pursuant to Florida Statute 316.293(5)(A), Noise Abatement Equipment Modifications – No person shall modify the exhaust system of a motorcycle or any other noise abatement device of a motorcycle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motorcycle is above that emitted by the vehicle as originally manufactured.

9. Insurance Requirements – The financial responsibility laws are unique in Florida as they apply to motorcyclists. Florida’s no-fault, or “PIP law”, is mandatory for cars and trucks. This coverage pays for the occupant’s first $10,000.00 or more in medical expenses. This law does not hold true for motorcyclists – Florida’s no-fault law is inapplicable to motorcyclists. On the other hand, the financial responsibility law does apply to all motor vehicles including motorcyclists. Thus, it is highly recommended that all motorcyclists purchase motor vehicle liability insurance. Failure to carry property damage and bodily injury insurance, in case of a crash, may result in possible license suspension.

10. Operation – Pursuant to Florida Statute 316.209, motorcyclists may operate two abreast in the same lane. Specifically, the statute states, “Motorcycles on Roadways Lanes of Traffic – (1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.”

On the other hand, motorcycle lane splitting is prohibited. Pursuant to Section 316.209(2), Operating Motorcycles on Roadways Laned for Traffic, “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”

Motorcycles are fun to operate and serve as an economical source of transportation. In order to stay safe and protect yourself, it is imperative to follow the laws of the road.

What is My Liability When I Loan My Car?

Michael S. Smith — Tue, 19 Jan 2010 17:39:35 +0000

Before you loan your car to someone, consider this: You are responsible for the damage it causes. This is true regardless of whether you loan your vehicle to a family member or simply to a friend or co-worker. The person borrowing your car could have a spotless driving record and be the most careful driver in the world. It simply does not matter — you are on the hook.

Florida is one of a handful of states that deem a car to be a “dangerous instrumentality” and, therefore, hold the owner liable for the harm it causes. Common experience tells us that cars are dangerous and frequently cause injury and even death. The “dangerous instrumentality” doctrine is logical and helps to protect the innocent victims of car crashes.

There are some limited exceptions to the rule. When control of the vehicle is relinquished to a valet or a mechanic, the law generally does not hold the owner liable. Similarly, if the vehicle is stolen, the owner is not liable. There can still be liability, though, if the vehicle was stolen when the keys were left in it. Finally, the law places certain caps on an individual’s financial liability as owner of the vehicle.

If your vehicle is frequently used by another, be sure to bring this to the attention of your insurance agent. You want to be sure your liability exposure is covered under your policy. Many policies exclude coverage for unlisted drivers who regularly use the vehicle. While this might give the insurance company a defense to coverage, your financial liability will remain. Cover yourself appropriately so the “dangerous instrumentality” doctrine does not take a bite out of your family’s financial well being.

Uninsured Motorist Coverage

Gary S. Lesser — Mon, 22 Jun 2009 17:13:14 +0000

There are millions of motorists on the roads of the Florida today, but not all of them have auto insurance even though it is required by law in one form or another. Some people do have auto insurance, but with only minimal coverage. Uninsured Motorists insurance is for drivers that already have auto insurance, but its purpose is to protect already insured motorists against uninsured or underinsured motorists. For instance, if an accident occurs involving you and an uninsured or underinsured (minimal coverage) motorist, then the uninsured motorist coverage of your policy “steps into the shoes” of the party at fault to provide coverage and possible settlement monies for your injuries, out of pocket medical expenses and other related damages (but not the cost of repairs to the vehicle that were incurred during the accident, which would be covered under the property damage coverage of the party at fault or the Comprehensive/Collision coverage which you should have on your own policy).

If there is minimal or no liability coverage for the parties at fault, you could qualify for your own uninsured motorist coverage policy, as well as any uninsured motorist coverage in place for someone else’s vehicle you may be at the time of a car accident. So, it is very important to have uninsured motorist coverage on your policy. Do not wait for a car accident to occur to start asking these questions, because then it will be too late. Please feel to contact the Firm with any question you have concerning uninsured motorist coverage or any other insurance questions.

What is Uninsured Motorist Coverage and Why Do I Need it?

Michael S. Smith — Fri, 19 Jun 2009 16:28:25 +0000

Statistics show that roughly 1 in every 4 drivers in Florida has absolutely no liability insurance. Probably at least 2 of the remaining 4 have very low liability insurance limits. Pretty scary. So how do you protect yourself and your family from this risk? By proactively obtaining the insurance coverage you need NOW. Do you know how much uninsured motorist coverage you have? Most people don’t. In fact, most people don’t even know what it is. Every week, we face the unpleasant task of explaining to a victim of personal injury or the family who has suffered a wrongful death resulting from a car wreck that there is no insurance coverage available to compensate them for their suffering. With adequate uninsured motorist coverage in place, these folks could obtain the compensation they deserve.

Uninsured motorist (“UM”) coverage “protects you from the other guy.” If someone else causes a vehicular accident and has either no liability insurance or an inadequate amount of liability insurance, your own UM coverage will compensate you. Most experienced lawyers in the personal injury and wrongful death field believe it is the most important automobile coverage to have. Having handled those cases for decades, we know it is.

We often hear people say they have “full coverage.” Frequently, they really only have minimal liability limits ($10,000, for example) and absolutely no uninsured motorist coverage. Florida law entitles you to purchase UM coverage equal to your liability insurance limits. You are also entitled to purchase “stacking” coverage so that you can add together the UM coverage on each vehicle in your household. Simply put, you and your family need adequate UM protection. The roads in Florida are dangerous and there are too many drivers on them without adequate insurance.

Don’t fall into the trap of thinking you are protected because your coverage is with “a good company.” That is another remark we hear frequently. It doesn’t matter how good your insurance company is if you don’t have the coverage you need. If you don’t believe us, ask your “good company” if they will pay you UM benefits even though you don’t have UM coverage. The answer to that question is obvious, isn’t it?

So be proactive. Please take a minute NOW and actually look at your policy. Call your insurance agent NOW and ask her how much bodily injury (“BI”) and UM coverage you actually have. Don’t fall into the “full coverage” trap. We all buy insurance hoping we never need to use it. Make sure you have the proper insurance coverage in place and do it NOW. It is too late once, God forbid, personal injury or wrongful death strikes and your family does, in fact, need this valuable insurance coverage.