Scott and Fenderson Law Blog

Teen Driving Laws In Florida

My friend and fellow attorney, Bruce Denson, had a nice article in the Paraclete, which is published by the St. Pete Bar Association, about teens and driving.  Here's what you need to know about the law and teen driving in Florida:

(FS = Florida Statute)

FS §316.191: Street racing will result in a year license suspension.

FS §322.056: A third conviction (or two within 12 weeks) for possessing tobacco products like cigarettes, chewing tabacco  or snuff will result in a suspension.  A conviction for possessing drugs will result in a minimum suspension of six months.  Using a fake ID to obtain alcohol wil result in license suspension for 6 months.

FS §322.091 Teen has to be in school or a graduate to drive.

FS §322.27:  Too Many Points for a teen will result in a license suspension. 

FS §322.161:  Six points in 12 months will result in a restriction to school/work driving only. 

FS §1003.27: If a teen skips 15 days from school in a 90 day period, driving privileges will be taken away.

Don't Drink and Drive - anyone under the age of 21 driving with a BAC of .02 or greater will get an automatic license suspension of 6 months.

If you want more information about driving charges against teens, contact Bruce Denson - he is a criminal defense attorney in St. Pete and his practice includes juvenile and traffic offenses.  You can find him at twitter.com/brucedenson.

Ask Kathryn: Examination Under Oath (EUO) - What is it & why is my auto insurance carrier requiring me to attend one?

Ask Kathryn: What is an Examination Under Oath and why do I have to give one to my insurance company when I haven’t even filed suit in my auto accident claim in Florida?

An Examination Under Oath (EUO) is like a deposition in that you will be asked questions by "other" party - and in this case the "other" party is your own insurance carrier. You will be under oath and a court reporter will be taping the questions and answers and typing what you say. What you say can be used against you later. You will probably also be asked to provide copies of documents like copies of your medical records and other accident related documents.

Your automobile insurance policy most likely provided your insurance carrier with the right to demand the Examination Under Oath (EUO). If you do not cooperate, you will jeopardize your right to recover under your policy. If you are unable to attend or need to reschedule, make sure that you do so in advance and confirm everything in writing so that you have proof that you were cooperating with your insurance carrier’s request for the EUO.

If you have an attorney, your attorney will attend the EUO with you. If you do not have an attorney, I recommend you consult with an attorney before attending the EUO. Typically other people, like your spouse or friend etc., or other people related to the accident, like other passengers, medical providers, or witnesses, are not allowed to sit in on the EUO.

The EUO can take anywhere from 30 minutes to all day long, depending upon the objective of the person (usually a insurance carrier claims adjuster or defense attorney) questioning you.

Typically, the EUO begins with basic questions about your name, date of birth, address, place of work etc. and job history and whether you have suffered any lost wages as a result of the accident; then questions about the accident and how the accident happened are asked, and the EUO is usually ended with questions about your medical treatment and injuries as a result of the accident. If there is a question about insurance coverage, then questions related to your policy may be asked. If you have had prior accidents or injuries, the person doing the EUO will probably ask about those. Expect questions about your criminal history. Sometimes, the EUO may not really be about you, sometimes the insurance carrier is looking for information about a medical provider and there may be detailed questioning about what type of treatment you received. The EUO is broad in scope, and all questions that are material and/or relevant to the claim must be answered. Refusal to answer may result in a denial of claim.

In the recent past, I have seen a few cases where it appears that the insurance carrier is using the EUO to delay the processing of a claim or simply to annoy the person making the claim. One adjuster recently said "If you make another counter offer, then we’re going to require your client to do an EUO."

My advice to my client on these is usually we have to attend, you have to tell the truth, I will be there, and expect that it could take all day long; so if the EUO is downtown, bring lots of quarters / parking meter money.

Kathryn.

Florida Auto Case Law: Metropolitan v. Tepper, Florida Supreme Court, 2009

This case involves interpretation of section 627.727, Florida Statutes (2004), and the timing of an underinsured motorist (UM) insurer’s subrogation lawsuit.  The Florida Supreme Court "expressly held that the statute of limitations for the bringing of a UM subrogation action—which cannot be brought until "final resolution of the underinsured motorist claim"—begins to run from the time of the final resolution of the UM claim. We disapprove of the decision of the Second District in Dominion of Canada, which is in conflict with this holding as to the time that the statute of limitations begins to run."

 

Supereme Court of Florida, No. SC07-2428: METROPOLITAN CASUALTY INSURANCE COMPANY, Petitioner, vs. ROBERT TEPPER, et al., Respondents. [January 30, 2009]

To read the full case, click here.

 Florida Statutes 2009 section 627.727(6)(b) now reads: "(b)  If an underinsured motorist insurer chooses to preserve its subrogation rights by refusing permission to settle, the underinsured motorist insurer must, within 30 days after receipt of the notice of the proposed settlement, pay to the injured party the amount of the written offer from the underinsured motorist's liability insurer. Thereafter, upon final resolution of the underinsured motorist claim, the underinsured motorist insurer is entitled to seek subrogation against the underinsured motorist and the liability insurer for the amounts paid to the injured party."

 

Florida Car Insurance Commercial - "They Jacked Up My Rates!"

I saw a car insurance commercial this morning for a low cost insurance carrier that sells policies here in Florida.  There was a good looking, smart looking guy who says "I got my car insurance bill in the mail this morning and they jacked up my rates by $50; then I called (insert low cost insurance carrier here) and they gave me a better rate." 

What they don't say is that most likely, they gave you less insurance.  The agent may have said they are selling you "full coverage" but here in Florida that term is a bit (actually a lot) misleading.  Full coverage in Florida means PIP and collision coverage, and that's all folks.  It does not include BI or UM coverage. 

If you dont' know what PIP, BI and UM stand for, you're not alone, I meet with new clients all the time who don't really understand how the no-fault car insurance system works in Florida.  Why don't they understand?  I believe a major part of the problem is that when they buy insurance the agent says something like "this is full coverage" and the person thinks they are getting full coverage - but in Florida where BI and UM are not mandatory, full coverage doesn't really fully protect you.

Here's the short version of what you need to know when you buy car insurance in Florida:

PIP (Personal Injury Protection): Everyone is required to carry PIP which stands for "Personal Injury Protection."  Generally it covers 80% of your medical bills after an accident regardless of who caused the accident; it also covers 60% of lost wages, and reimbursement for such things as mileage to and from your doctor's office, prescriptions and other expenses you may have after an accident related to your injuries.  PIP coverages can vary:  If you get a PIP deductible, say of $1,000.00, this means that the first $1,000.00 of your expenses will be applied to your deductible; translation "it won't be paid"; and then the PIP kicks in after the deductible is met.  You can also buy Med Pay or extended PIP coverage which provides you with more coverage.

BI (Bodily Injury): BI coverage provides coverage from the at fault driver to the auto accident victim.  Many people are surprised to learn that BI coverage is not required in Florida.  A lot of people learn this too late, when they are sitting in a lawyer's office after an accident and the lawyer is explaining to them how the at fault driver didn't have any BI coverage.  This is not when you want to learn about BI coverage.  Remember that carrier with the commercial saying how they have the lowest rates - they have low rates because generally they don't sell BI coverage or they only sell a $10/20 policy.  Ok, you say, what does that mean?  BI policies are typically sold in the following increments: 

$10,000.00 per person / $20,000.00 per occurrance

$25,000.00 per person / $50,000.00 per occurrance

$100,000.00 per person / $300,000.00 per occurrance

You can contract for any amount and the higher the coverage, the more it will cost.  What you want to know about BI is that the "per person" part means just that.  If Driver A causes an accident and injures Driver B and Passenger C then there is $10,000.00 in coverage available (notice I say available - this doesn't mean the insurance carrier is necessarily going to pay that whole amount) for Driver B and $10,000.00 in coverage available for Passenger C.  Problems arise when the accident also caused injury to Driver D and Passenger E; then the "per occurrance" becomes important - there is only $20,000.00 per occurrance so that the $20,000.00 has to be divided amoung all four claimants (people that got injured and are now making insurance claims).  When there is no BI coverage or not enough BI coverage, then UM coverage becomes important.

UM (Uninsured or Underinsured Motorist): Remember this "UM protects You" and you need UM coverage no matter what your insurance agent says.  UM basically works exactly like BI coverage except that it covers you after someone else has caused an accident; it kicks in when either there is no BI coverage or when there is not enough BI coverage to adequately pay for you damages.

Here's a little story about UM coverage:  Several years ago, my office receptionist got her first car (a brand new corvette - but thats a completely different story), and she asked me to help her buy car insurance.  We called an insurance agent on speaker phone.  She asked about what type of coverage she should get.  I had already told her to get UM coverage so she knew to ask for it, but that agent tried to convince her every which way till Sunday how she didn't need it - that she'd have full coverage without it; that if she had health insurance she didn't need it; that he could save her money if she didn't get it.... on and on and on - the agent just didn't want to sell it to her.  I've heard rumors that insurance carriers encourage and even compensate the agents for NOT selling UM coverage.  This doesn't seem to make sense, does it?  You would think that the insurance agent would want to sell more coverage - but again, rumor has it that insurance carriers make (and keep - by not having to pay UM claims) more money by not selling UM. 

If you take away one thing from this blog post take away this:

IF YOU LIVE AND DRIVE IN FLORIDA:

YOU NEED UM COVERAGE!!!!!!

I cannot stress that enough.  So many people don't understand this concept and it isn't really their fault - the system is confusing.  But simply remember "UM protects YOU!" and you need it no matter what the insurance agent tells you.

Back to the concept of BI not being mandatory in Florida, if you are hit by someone with no BI or a low amount of BI coverage or if there are lots of claimants involved in an accident sharing the same "per occurrance" BI; then you need UM coverage!! 

If you have questions about your car insurance policy or would like me to review your policy for free, please email me at fenderlaw@aol.com or call me at 727-321-0099 or if you live in West Central Florida 1-800-INJURED.

 

 

Florida Office of Insurance Regulation

Florida Office of Insurance Information

Safe Teen Driver's Young Driver's New Year's Resolutions

Young Drivers New Year’s Resolutions

The New Year is a great time for parents to revisit the rules and responsibilities of driving with their young driver. So why not take the opportunity to create New Year’s resolutions around safe driving. Or, if you haven’t already done so, use this as a chance to sign a driving contract with your teen, so he or she will know what’s expected of them.  

Here are Safe Teen Drivers Top Ten New Year’s Resolutions for Young Drivers

1. Wear a safety belt every time you get in a car.
2. Obey the speed limits and traffic laws.
3. Avoid driving with a friend until more experienced. And even then, limit the number of passengers.
4. Do not drive after drinking alcohol, taking prescription medication or taking any drug which might interfere with your ability to make good driving decisions.
5. Do not get in the car with anyone who has been drinking alcohol, taking prescription medication, doing any drug which could interfere with their ability to make good driving decisions.
6. Drive during daylight hours only when first learning to drive.
7. Avoid talking on the cell phone while driving.
8. Keep your grades up.
9. Maintain your car so it’s safe and reliable.
10. Accept that there are always consequences for failing to follow these resolutions.

And if you’d like to create a driving contract, visit http://www.safeteendriver.org/images/safeteendriver-drivingcontract.pdf.

Modified No Fault in Florida

If you have been injured in an automobile accident in Florida, then your PIP (Personal Injury Protection) coverage with your own automobile insurance carrier is primary for your medical bills and lost wages.  Typically, PIP coverage is $10,000.00 and pays 80% of your medical bills and 60% of your lost wages as well as travel expenses, prescriptions, and some other accident related expenses up to that limit of $10,000.00.  It is possible to get a $1,000.00 PIP deductible which means that the first $1,000.00 of expenses are applied to the deductible (translation: not paid by PIP) and then there is still $10,000.00 in PIP coverage available.  It is also possible to get Medical Payments added to your policy so that 100% of your medical bills are paid.  It is also possible to get a wage loss exclusion under PIP. 

If you have suffered permanent injuries or a significant loss of a bodily function or scarring or death as a result of an automobile accident, then you are entitled to make a claim for more than just your medical expenses to the at fault driver, you can make a claim for not only the remainder of your post medical expenses and lost wages, but also for your future medical expenses, future lost wages, lost earning capacity, loss of consortium for your spouse, mental anguish, loss of enjoyment of life, and pain and suffering and other damages.

If you have questions about how the No Fault System in Florida works, please feel free to call me, Kathryn Fenderson Scott, or email me at fenderlaw@aol.com with your questions.   

Pre-Existing Injuries Increase Bodily Injury

"Physical intolerance of the body to the traumatic forces in an automobile crash are more likely to result in signficant injury and should be considered more significant than other co-morbid factors.  Physcial intolerance factors listed in this paper were changes in "bone density, lean muscle mass, [and] pliability of tissues."  (Newgard, 2008 p. 1503).  As occupants age, they become inherently more fragile and less tolerant to the multitude of forces involved in a motor vehicle collision.  Medical fragility, as measured by crash-related morality rates, has been previously demonstrated (Li 3t al. 2003 p. 1503).  This study found there is no real cut off point relating to age.  Pre-existing changes (aka medical fragility) are the key factors.  Therefore, the physiological age of the body is a more important prognostic factor than the actual chronological age and arthritic degeneration, no mater the age of the occupant.  This is a key risk factor (one of many) rendering an increased incidence of bodily injury." 

For more information, you may contact Dr. Scott Moore, a chiropractor in Lakeland, Florida who was kind enough to forward this information along to me.

Useful Internet Links for Florida Personal Injury Claims

The following are a few useful internet links for personal injury claims in Florida:

Florida Supreme Court

St. Petersburg Bar Association

Florida Department of Health

Florida Medicaid

Florida Medicare

Florida Justice Association

American Bar Association

Florida Statutes

Pinellas County Clerk of Court

Pinellas County Chiropractic Association

Tampa Bay Trial Lawyers Association

Florida Insurance Guide

Florida PIP Statute

Florida Highway Patrol: Traffic Accidents by Region in Florida

Auto Accident Property Damage Claims in Florida

After an auto accident, we recommend that you call the police first, get immediate medical care, and then call an attorney. You should also report the accident to your own insurance carrier and the at fault driver’s insurance carrier right away; be careful not to give any recorded statements without your attorney present. fenderlaw@aol.com or call the office at 727-321-0099 for a free case evaluation and consultation.

Has your vehicle or personal property been damaged as a result of a auto accident in Florida? You have the right to have your property repaired or paid for by the at fault driver’s insurance carrier. If there is a dispute as to who caused the accident, then sometimes, it is faster and easier to have your own automobile insurance company handle the property damage claim immediately. (If you carry comprehensive or collision coverage). The at fault driver’s insurance carrier can reimburse your property damage deductible if you have one.

You may select the body shop to estimate and fix your vehicle. The repairs are required to be made with "like" kind and condition parts.

Sometimes other personal property (such as children’s car seats, eyeglasses, clothing and contents of your vehicle) are damaged in an auto accident; you also have the right to have these items be repaired or replaced.

In these times of high gas prices, if you vehicle is a total loss, we also recommend making a claim for the amount of gas in your tank.

You are also entitled to have the at fault driver’s insurance company authorize or reimburse you for the cost of a rental vehicle during the time you lose the use of the vehicle as a result of the accident. In the event you do not need a rental vehicle, you are still entitled to be paid for the time that you were without a vehicle due to the accident.

If the cost of fixing your vehicle is more than 80% of the fair market value of your vehicle, the insurance carrier will probably declare your vehicle a "total" loss. In this case, you can either sell the vehicle to the insurance company for its salvage or parts value or keep the vehicle. In either case, the insurance carrier is responsible for paying you for at least 80% of the fair market value of the vehicle. Fair market value is not the amount you paid for the vehicle, rather, it is the amount for which you might reasonably expect to sell the vehicle to someone in the area where you live, given the age, condition and mileage of the vehicle.

If the vehicle is declared a "total" loss, then the insurance carrier is also responsible for paying you 7% sales tax on the sale of the vehicle (in Pinellas County), together with the cost of transferring the tag to another vehicle.

At Scott & Fenderson, we help our clients with their property damage claims free of charge as part of our service in personal injury claims. If you have been in an accident in Florida and have questions, please email Kathryn Fenderson Scott at