Scott and Fenderson Law Blog

Ask Kathryn: Should I or My Attorney Give My Child's Social Security Number to the PIP Insurance Carrier?

Dear Kathryn:

My child was involved in an auto accident and my auto insurance carrier (PIP) wants my child's social security number.  The PIP adjuster is saying that they need to put Medicare on notice of my child's claim and that's why they need my SSN and they mentioned something about SCHIP - what is that?  I want to keep my child's social security number private, do I have to give them the SSN?

                                          Signed, Social Security Number Spooked in St. Pete

Dear Spooked:

You are right to be extra-cautious in giving  out your or your children's social security numbers.  In this internet, information age, your privacy needs to be protected - especially your privacy with respect to social security numbers. 

Your personal injury attorney should keep everything private and confidential.  There are certain parties, however, that your attorney will need to share your information with - like the PIP carrier, your doctors and health care providers and, to a certain extent, the at-fault insurance carrier adjuster. 

After an auto accident, if the injured person is eligible for Medicare benefits, then the attorney handling the claim has a duty to let Medicare know about the claim.  If Medicare has paid any accident related benefits then, at the end of the case, Medicare may have a right to be paid back.  At first blush this seems like it doesn't make sense, but it is called subrogation and it exists because the law wants to prevent a double recovery and because the at fault party should have paid for all the accident related expenses, if another party - like Medicare pays, then that party may have a right to be paid back from the recovery.

SCHIP stands for State's Children's Health Insurance Program.

The insurance adjuster is considered a RRE (responsible reporting entity)in the "query process" after an accident involving someone who has Medicare or who is eligible for Medicare benefits.  In order to compete the "query process" the RRE must have the SSN (social security number), name, Date of Birth, and gender of the injured party.  This is why the insurance claims adjuster may be asking for your information.  For more information on this process and how it works, an excellent resource is Jason Lazarus of the Settlement Law Firm; his website can be found by clicking HERE.

The bottom line is this:  Keep your and your children's social security number as private as possible.  If you are involved in an auto accident and are eligible for Medicare or Medicaid - or any other health insurance or collateral sources for that matter - make sure to give this information to you attorney because your attorney will need to put Medicare or the collateral source on notice of the claim as soon as possible.  Give your or your children's social security numbers to your attorney but stress that you wish to keep these numbers as private as possible but that you understand that the attorney may need to share this information with the medical providers, collateral sources, and the PIP insurance adjuster - and possibly even the at fault (BI) insurance adjuster.  Ask your attorney what happens to your file after your file is closed - make sure that the attorney is keeping your file safe, private and confidential. 

I hope this answers your question.  If you have more questions, please feel free to email me privately at fenderlaw@aol.com.

Kathryn

Have a Safe and Happy 4th of July!

In honor of the 4^th of July, we at Scott & Fenderson are excited to announce 4 new improvements:

1. We are happy to announce our new 1-800-INJURED phone number.

2.

Charles Scott, a former insurance claims adjuster and former state attorney, will focus his practice on personal injury law and he will work alongside his wife and law partner, Kathryn.

3.

In addition to our website www.scottandfenderson.com, we have added an interactive blog where you can "Ask Kathryn" questions about auto accidents and insurance coverage; find it at http://scottandfenderson.typepad.com/law_blog/.

4.

In addition to the new number, the attorneys are available by email at fenderlaw@aol.com and itslegal@aol.com and by cell phone at 727-445-0439 or 727-439-3694.

Charles and Kathryn will continue to guarantee our clients that the attorney will never make more than the client on any personal injury case; that property damage claims are handled at no charge to our personal injury clients; and that there are no fees or costs unless we make a recovery for our client. While we are growing, we will continue to provide the same quality personal service by the attorney that our clients have grown accustomed to over the last 12 years. We are a family owned and operated law firm and we want our clients to feel like family.

As we celebrate the 4^th of July, we want to remind you to drive safely and use extra caution over the holiday. July 3^rd and 4^th are the two deadliest days of the year to drive. To keep you and your family safe this 4^th of July weekend, we would like to share our :

"Top Four 4^th of July Driving Tips":

1.

Streets and Surroundings:

Watch your surroundings! Fireworks displays, parades, and celebrations typically generate large crowds of people and pedestrians; make sure to drive with caution and care with large crowds. Rain, rain, go away!. Check the weather http://www.weather.com/ before you leave and during your trip. If you do get caught in a torrential downpour, pull off to the side of the road or to a rest area until the rain has stopped. In floods, don’t try to drive through it, find an another route. You may have to turn back, but it will be worth it in the long run.

2.

Alert Driving:

Don’t drink and drive. Drinking and driving is never a good idea. Play it safe this 4th of July and either have a designated driver to drive you home or call for a cab. Don’t Text or Talk on the Cell Phone and Drive. Recent studies have proven texting and talking on cell phones while driving are very dangerous and reduce your response time. Don’t drive if you are tired and don’t drive for extended periods of time without taking a break.

3.

Focus on Safety:

Watch your speed! Police officers will be out in full force! Obey the speed limit and keep a safe distance between the cars in front of you! Remember, a speeding ticket can mean points on your driver’s license and an increase in your auto insurance rate. Pack a first aid kit and roadside assistance kit and keep it in your car at all times.

4.

Equipment Safety:

Buckle Up! Wear seatbelts every time. Secure children in a proper car or booster seat for their age group. Check your tires and the tire pressure; have your tires rotated by a professional mechanic before a long trip. Make sure your battery is charged. Turn on your lights. Check headlights, tail lights and turn signals. Proof of car insurance. You should always have your proof of car insurance in your wallet and in your glove box. It’s a good idea to keep a disposable camera, note pad and pen in your car, just in case an accident occurs.

Have a SAFE and happy 4^th of July!

Visit www.scottandfenderson.com

for more safety tips.

Why Hire a Lawyer After An Auto Accident In Florida If I Can Do It Myself?

I come from a family of do-it-yourself-ers. 

My grandfather, Allen H. Cunningham, was a huge fan of NOLO a website and, when he read it - it was a magazine, that provides law forms and do-it-yourself legal kits and books for consumers and small businesses including estate planning, business law, debt and credit.  He was an accountant with a home office and he always joked that if someone called and asked for the CEO of his business, he'd say "you've got the CEO, the office manager, the book keeper, and the janitor - how can I help you?"  He was a do-it-yourself-er and one of the best people I've ever known.

My husband and law partner, Charlie, has built or re-built just about everything in our home from the staircase to replacing bathroom fixtures to landscaping - you name it and he loves to do it himself.  And we feel like we're saving money.  But for complicated jobs like laying tile precisely, replacing the electrical panel, or fixing the air conditioner - we call a professional because we want to make sure the job gets done correctly and because these areas are out of our area of expertise.

I mentioned in my blog post yesterday that my father-in-law performs his own dentistry - its true - he thinks the dentist costs too much money; so if he's got a problem with a tooth, he goes out to his garage and pulls the tooth himself.  Mind you, he is a 88 year old Bronze Star, Purple Heart Awarded, Marine who served in WWII on the front line and slept in a hole under his tank for four years, so I guess you could say he's ok with pain.  Dentistry, however, is definately out of my father-in-law's expertise and a time or two he's ended up in the hospital emergency room with a dry socket.  But if I've got a problem with a tooth, I'm heading straight for the dentist, and most of the time I'm happy to pay a fair price for the dentist to fix my problem. 

But I like to do other things myself, like I take our own family photographs with a tripod like this one:

 

Its a pretty good shot, but as you can see, its not perfect - the kids look a little squirmy, our outfits aren't coordinated, and Charlie's got a bright neon green band-aid on his finger - no doubt from an injury in his home workshop - he's a weekend warrior and big fan of Home Depot.  But this picture isn't for any contests and isn't going to be blown up and put on the wall, its just a snapshot of my family right now.  If I needed a picture for something formal, I'd call my photography teacher and photography expert, Rob Moorman, and I know he'd do an excellent job. 

I've even been known to cut hair for my entire family - including myself; to sew clothes for the family (although I don't have a lot of time for that anymore), and to detail my own car (with the help of the kids - because they're the ones messing it up now days).  But if I need legal services for a contract dispute, real estate issue, or the probate of my late father's estate, I hire a lawyer.  As a lawyer, you may ask me why not do it myself?  Well, you've probably heard that old saying that goes something like  "A lawyer who represents herself has a fool for a client."  So I've hired and paid for a lawyer in my own life.  I understand the emotion as a client that someone has - questioning whether the money you're paying to the lawyer is worth it, but I've always come to the same conclusion and determined that it has been worth it.

So, if you are in an auto accident in Florida and you are wondering whether to hire an attorney or do it yourself; I'll give you my top ten reasons for hiring a lawyer:

1.  You are emotionally connected to the case, the lawyer, while he/she wants to help you is not.  The lawyer is going to be able to talk to the insurance company adjusters much more effectively than you are simply because you are emotionally connected and the lawyer is not.  Not only that, if you handle your own auto accident claim, you are compounding your mental stress and anguish my trying to do it your self.  If you are injured, you have enough to worry about with getting your body better, let someone else worry about making sure your claim is handled properly.  In the short run and the long run, you will save yourself from a lot of stress.

2. You will probably end up with more money in your pocket at the end.  Without a lawyer, the insurance carrier may try to settle with you quickly before you know the full extent of your injuries and/or may try to offer less than your claim is worth.  A seasoned personal injury lawyer knows the values of claims...

(Ok I'm out of time, I will continue this later!)

New Laws in Florida

The Tampa Tribune reported on the approximately 160 New Laws taking effect tomorrow - Wednesday, July 1, 2009, here in Florida.  Here's a short summary from the article:

"Cigarette tax increases by $1 per pack."

"Zero tolerance" school rules get more specific. Public schools do not have to report instances of "petty" misdemeanors -- like stealing lunch money or toilet-papering the gym – to law enforcement."

"Boosting sex offender registry requirements. Sex offenders and predators will have to provide home and cell phone numbers when they register with law enforcement.   Those convicted of traveling to meet and engage a minor in illegal sexual activity will have to register as a sexual predator or offender."

"Child advocates can intervene in divorce proceedings. A court can now appoint a guardian ad litem advocate to look after the interests of a child in a nasty divorce case, even if there is no evidence or allegation of abuse."

"More drug-addicted offenders can go into treatment instead of prison. The state makes substance abuse treatment an option for more nonviolent offenders with substance abuse problems, including those charged with violating probation solely due to failing a drug test."

The Tampa Tribune article also reported on laws that recently took effect:

"Increased court filing fees. On June 1, the cost of filing a civil suit in circuit court increased from $295 to $395. Exceptions: child abuse, domestic violence, divorce, custody, child support and paternity cases, which remain at $295."

"Click it or ticket." That slogan from the National Highway Safety Administration takes on new meaning today in Florida, where not wearing a seat belt becomes a primary offense. Previously, police could write a ticket for that offense only if they pulled you over for something deemed more serious, like speeding. Now they can pull you over and write a citation just for not wearing the belt."

These will take effect later this year:

"Pay more for a driver's license. Starting Sept. 1, new Class E licenses will cost $48 instead of $27; renewals will cost $48 instead of $20. Replacing a license will cost $25, up from $10. Reinstating a suspended license will cost $45, up from $35. Reinstating a revoked license will cost $75, up from $60."

"Pay more to register a car. Also starting Sept. 1, initial car registrations will cost $225 instead of $100. The price of renewals will increase as well, from $46.10 for most vehicles to $71.15. Certificates of title will cost $70 instead of $24."

"Tougher penalties for ignoring school buses. Effective Oct.1, the $100-$200 penalty for failing to stop for a school bus rises by $65."

"Conservation vehicle tags cost more. Also on Oct. 1, the Conserve Wildlife license plate will cost $25 instead of $15, and the Save the Manatee plate will cost $25 instead of $20. The extra charge will support wildlife conservation and research programs."

Click Here for a link to the full article. 

Click It or Ticket - Seat Belt Law Changes in Florida Today

Check out this ABC news video story on the new Florida seat belt law:  Click Here For the Link

Check out Capitol New Service's article titled Buckle Up or Pay Up which states:  "Beginning at midnight tonight police officers in Florida can pull drivers over if they’re not buckled up. Right now officers have to have another reason to pull over a driver in order to ticket them for not wearing a seatbelt. As Whitney Ray tells us, the new law is expected to save the lives of 124 Floridians every year."

This Article which appeared in Tampa Bay Online TBO reported that "Deputies issued 86 citatations in two hours at Parsons Avenue and State Road 60 in Hillsborough County."

If you are driving or riding in a motor vehicle in Florida:  BUCKLE YOUR SAFETY BELTS!

Be safe.

Should You Trust an Insurance Claims Adjuster After An Auto Accident?

There is a popular insurance carrier commerical involving a cute litte animated reptile and an insurance business man sitting behind a desk.  The ad goes something like this:  The business man says to the cute little animal "Lets play a game of trust" and then he falls backwards and the little animal doesn't catch him.  My kids think the little animal is cute.  I have to admit, he is kind of cute.  But for me there is a huge disconnect between that cute little animal and the company it represents.  Except for in this commercial - the cute little animal doesn't step up to the plate and do his job when its his turn!  When the man trusts him enough to catch him, the little guy doesn't!  It reminds me of how people pay their insurance premiums and trust the insurance carrier to pay when its their turn to pay - but guess what, more often than not, the insuance carrier acts like that cute little animal in the commercial. 

So should you trust an insurance claims adjuster after an accident? 

Check out This Book titled "From Good Hands to Boxing Gloves."  There is also an article from around 1997 that appeared in Forbes or Fortune, but I can't seem to find it, but it explained how Allstate's new strategy was to make money, not by collecting premiums but by denying claims.   

Watch The Rainmaker Movie again and pay special attention to when they get the fired claims adjuster on the stand and they ask her what her job was and she says something like "Delay, Delay, Delay and then Deny, Deny, Deny."  That movie involved the health insurance industry, but comparisons can be made to the auto insurance industry.  

My husband and law partner was an insurance claims adjuster back in the 1980s for a few years, he remembers that he was trained to get to the accident victims as soon as possible after the accident and before they hired attorneys because the insurance carrier would typically pay out 4 times less to an unrepresented accident victim than it would to an attorney represented accident victim.

So should you trust an insurance claims adjuster after an accident?  My advice is to seek the advice of a good personal injury attorney - someone you know or who is recommended to you by a friend or family member.  Talk to a personal injury attorney about what they know about how auto accident claims are handled and whether you should trust an insurance claims adjuster, most likely you'll hear some stories about what insurance companies do that will shock you.  Ultimately the decision is yours, you can handle a personal injury claim on your own --- you can also perform your own denistry (like my father-in-law does) but I wouldn't recommend it.  Get the advice of an attorney before giving any recorded statements or signing any documents, authorizations or releases with the insurance carrier.

If you have questions about auto accidents or how claims are handled, please feel free to call me at 1-800-INJURED (in the Greater Tampa Area - call 727-321-0099 outside of the Tampa Area) or email me privately at fenderlaw@aol.com.   

How Do Insurance Carriers Evaluate Auto Accident Claims? They Use A Computer Program Called Colossus.

Most of them use a program called Collosus.  Here are some links to articles about Collosus:

Wall Street Journal Article About Colossus  From the article:  "But plaintiffs attorneys contend some insurers misuse Colossus to systematically lower payments to injured claimants, in some cases by as much as 10% from what they might otherwise receive. The lawyers have focused on Allstate, filing more than 100 lawsuits against the insurer. Without blaming Colossus itself, in general these suits charge Allstate breaches "good faith" laws in states such as California, New York and Montana, by manipulating the software to low-ball recommended payout ranges and then forcing adjusters to settle according to those allegedly biased ranges."

Insure.com's Explanation of Colossus   Read the last paragraph which states:  "However, attorneys say that those guidelines — since they're not available to the public — put consumers at a disadvantage. "There's something sinister and surreal about a computer becoming the arbiter of the value of human life," says Karen Greig, an attorney based in Bellevue, Wash., who's litigated dozens of bodily injury suits against Allstate. "You can't negotiate with a computer."  

Explanation from the website "All About Car Accidents .com"   This article is summed up as follows:  "While you need to know about Colossus because most insurance companies are using it or something similar, there is nothing magic about the Colossus evaluation. You certainly don't have to agree with the system's evaluation. These systems don't know you or many of the specifics of your case. They can't feel the pain you felt and they haven't suffered the harms and losses you have. When you disagree with a Colossus evaluation that your insurance company is relying on, don't be afraid to take your case to court where real human beings -- judges and jurors -- will decide your case instead of an unfeeling software program."

Ask Kathryn: Its been a year since my accident, can I still make a claim?

Dear Kathryn:

I was injured in an auto accident in Tampa, Florida last year but I didn't seek medical treatment.  I am still in pain.  Is it too late to make a claim now?

Signed - Too Late in Tampa?

Dear Too Late:

You are not too late!  Although it is best to seek treatment for your accident related injuries as soon as possible after an accident, in Florida there is a four year statute of limitations for actions arising in negligence - like car accidents.  In Florida, you have four years from the date of your accident to settle your claim or file suit with the at fault party.  You will probably have a difficult time with your claim, however, because you will need to prove that the accident caused the injuries and with a year passing since the accident, this will be more difficult to do than if you had sought treatment immediately after the accident.  On the flip side, there's no time like the present so if you are still in pain, go seek treatment for your injuries now.  Bottom line is that you still have a claim and you still have time to get treatment and file your claim.    

- Kathryn.

Florida Auto Accidents: Damage to the Vehicle

Questions and Answers from A Safer Florida Department of Motor Vehicles about Property Damage Coverage in Florida:

I am registering a vehicle for the first time in Florida. Is automobile insurance mandatory?

Yes. If you own a vehicle with at least four wheels and are registering it, you must have Florida insurance.

What type of insurance is required to purchase and maintain a Florida tag and registration?

Florida's minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida tag.

What is " Bodily Injury Liability" (BIL) insurance? Bodily Injury Liability coverage pays for serious and permanent injury or death to others when you cause a crash involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued. In particular, your company pays for injuries caused by you or members of your family who live with you, even if they were driving someone else's vehicle. It may also cover others who drive your automobile with your permission. This coverage also provides you with legal defense in the event you are sued by the injured party.

What is "Property Damage Liability" (PDL) insurance?

This coverage pays for damages you or members of your family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

What is meant by "Florida Coverage"?

Florida coverage is an insurance policy delivered or issued for delivery in Florida by an insurance company licensed by the Florida Department of Financial Services.

Can I maintain my current policy issued in my previous state of residence?

No. The minimum required insurance must be issued through a Florida agent with an insurance company licensed to sell in Florida. Most insurers have Florida agents and are licensed to issue policies in Florida. Just ask your agent to transfer your current insurance to Florida when you register a vehicle in Florida.

What if I fail to keep insurance on my vehicle that I have registered in Florida?

The Department of Highway Safety and Motor Vehicles is authorized to suspend your driving privilege, including your vehicle tag and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.

If my driving privilege is suspended because I am not properly insured, is there a penalty to reinstate my license?

Yes. A reinstatement fee of $150 up to $500, for subsequent violations, must be paid and you must provide proof of current Florida insurance.

I live outside Florida for six months a year. When not in Florida, my vehicle is in storage and not used. Must I maintain automobile insurance?

Yes. Any vehicle holding a valid Florida tag and registration must be covered by a Florida insurance policy throughout the entire registration period. When you leave Florida, you may surrender your tag and registration at the nearest driver license or tag office to avoid maintaining your policy. You can always register your vehicle upon your return to Florida, at which time you can provide proof of Florida insurance.

I am not a resident of Florida but I have business that keeps me in Florida sometimes for several months at a time. Must I comply with Florida's insurance laws?

Yes. Any person who has a vehicle in Florida for more than 90 days during a 365-day period must purchase personal injury protection and property damage liability insurance coverage. The 90 days do not have to be consecutive.

I own multiple vehicles. Some are not used for different reasons, but the county I live in requires that the vehicles remain registered. Must I maintain insurance coverage on these vehicles?

Yes. Insurance coverage must be maintained throughout the entire vehicle registration period, whether the vehicle is used or not.

What can I do to avoid a driving privilege suspension when I choose not to insure a vehicle?

To avoid a driving privilege suspension, surrender the vehicle's tag and registration at any Florida driver license or tag office, prior to canceling your insurance policy.

If my driving privilege is suspended for no insurance, will I be granted a temporary driver license for Business or Employment purposes?

No. There is no provision in Florida's motor vehicle insurance laws for the issuance of any sort of temporary or restricted driver license for financial responsibility suspensions.

I am self-employed as a taxi driver and the only vehicle I own is registered as a taxicab. Must I carry automobile insurance?

Yes. You must carry Bodily Injury Liability (BIL) coverage of $125,000 per person, $250,000 per occurrence and $50,000 for property damage liability (PDL) coverage.

Click here for Florida Statute Motor Vehciles Financial Responsibility 324.022  Financial responsibility for property damage.--

(1)  Every owner or operator of a motor vehicle required to be registered in this state shall establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of the motor vehicle in the amount of $10,000 because of damage to, or destruction of, property of others in any one crash. The requirements of this section may be met by one of the methods established in s. 324.031; by self-insuring as authorized by s. 768.28(16); or by maintaining an insurance policy providing coverage for property damage liability in the amount of at least $10,000 because of damage to, or destruction of, property of others in any one accident arising out of the use of the motor vehicle. The requirements of this section may also be met by having a policy which provides coverage in the amount of at least $30,000 for combined property damage liability and bodily injury liability for any one crash arising out of the use of the motor vehicle. The policy, with respect to coverage for property damage liability, must meet the applicable requirements of s. 324.151, subject to the usual policy exclusions that have been approved in policy forms by the Office of Insurance Regulation. No insurer shall have any duty to defend uncovered claims irrespective of their joinder with covered claims.

(2)  As used in this section, the term:

(a)  "Motor vehicle" means any self-propelled vehicle that has four or more wheels and that is of a type designed and required to be licensed for use on the highways of this state, and any trailer or semitrailer designed for use with such vehicle. The term does not include:

1.  A mobile home.

2.  A motor vehicle that is used in mass transit and designed to transport more than five passengers, exclusive of the operator of the motor vehicle, and that is owned by a municipality, transit authority, or political subdivision of the state.

3.  A school bus as defined in s. 1006.25.

4.  A vehicle providing for-hire transportation that is subject to the provisions of s. 324.031. A taxicab shall maintain security as required under s. 324.032(1).

(b)  "Owner" means the person who holds legal title to a motor vehicle or the debtor or lessee who has the right to possession of a motor vehicle that is the subject of a security agreement or lease with an option to purchase.

(3)  Each nonresident owner or registrant of a motor vehicle that, whether operated or not, has been physically present within this state for more than 90 days during the preceding 365 days shall maintain security as required by subsection (1) that is in effect continuously throughout the period the motor vehicle remains within this state.

(4)  The owner or registrant of a motor vehicle is exempt from the requirements of this section if she or he is a member of the United States Armed Forces and is called to or on active duty outside the United States in an emergency situation. The exemption provided by this subsection applies only as long as the member of the Armed Forces is on such active duty outside the United States and applies only while the vehicle is not operated by any person. Upon receipt of a written request by the insured to whom the exemption provided in this subsection applies, the insurer shall cancel the coverages and return any unearned premium or suspend the security required by this section. Notwithstanding s. 324.0221(3), the department may not suspend the registration or operator's license of any owner or registrant of a motor vehicle during the time she or he qualifies for an exemption under this subsection. Any owner or registrant of a motor vehicle who qualifies for an exemption under this subsection shall immediately notify the department prior to and at the end of the expiration of the exemption.

History.--s. 8, ch. 88-370; s. 1, ch. 89-238; s. 302, ch. 99-248; s. 4, ch. 2007-324.

Link to Article about the Helmet Defense in Florida

Click here for an article which appeared in the Florida Bar Journal about motorcycle helmets and the emergence of the helmet defense in Florida.