Orlando Car Accident Lawyer Blog

Florida drivers have been told that if Florida’s No-Fault laws expire on October 1, 2007, there will no longer be any mandatory car insurance for Florida drivers. As Orlando car accident lawyers we had some reservations regarding the State’s interpretation. To no surprise, the state has now advised that Florida drivers will still have to carry property damage coverage even if the Florida Legislature allows the no-fault insurance law to expire.

Previously, the Department of Highway Safety and Motor Vehicles had said that the expiration of no-fault laws or personal injury protection coverage would also eliminate mandatory property damage liability. Now it is clear that property damage insurance will not be affected. However, a more troubling thought is what enforcement mechanism will be available.

Right now, if a driver drops his PIP coverage, state law requires his insurance company to notify the state agency of the cancellation. That way, Highway Safety can go after uninsured drivers. The same enforcement standards may not apply to those who decide to drop their property damage liability coverage; the agency is still looking into it. Of course, if a driver gets in an accident, the state can require the driver to produce proof of property damage coverage or face a second-degree misdemeanor, a maximum $500 fine and 60 days jail time.

We have written before about the need to come up with an appropriate solution to Florida’s car insurance needs. Perhaps during next month’s special legislative session an answer will result. With little more than a month to go, all eyes will be fixed on Tallahassee.

Posted by Tony Caggiano | Permalink | Email This Post

Posted In: Car Insurance

Bookmark:

Alcohol is a major factor in traffic accidents. As Orlando car accident lawyers we see too many needless tragedies. According to the NHTSA, there is an alcohol-related traffic fatality every 29 minutes. More than half of the 414 passengers ages 14 and younger who died in alcohol-related crashes during 2006 were riding with a drinking driver, according to the National Highway Traffic Safety Administration (NHTSA).Each year, alcohol-related crashes in the United States cost about $51 billion, the organization said.

In 2006, 17,941 people died in alcohol-related accidents, the highest level since 1992. More than 41 percent of all crash fatalities in 2006 were because of drunk drivers, according to NHTSA. The FBI estimates that more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (DUI) in 2004, the most recent year for which data is available.

The definition of a drunk driver is consistent throughout the United States. Every state (including the District of Columbia) defines impairment as driving with a blood alcohol content at or above 0.08 percent. All states have zero tolerance laws prohibiting drivers under the age of 21 from drinking and driving. Drinking drivers age 21 to 34 are responsible for more alcohol-related fatal crashes than any other age group, NHTSA said. They also are more likely to become repeat offender, and less likely to change their drinking and driving behavior.

Obviously much more needs to be done to make our roadways safe from those who drink and drive. Whether it is tougher laws or better enforcement too many innocent victims and their families suffer each year.

Posted by Tony Caggiano | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

As Orlando car accident lawyers we wish to share an unfortunate set of circumstances involving one car accident victim. Richard Paey was involved in a car accident in 1985 and began a long and difficult course of medical and surgical treatment. After a period of time many doctors refused to assist him with his intractable pain from the injury and disability he suffered in the car accident.

More than 20 years later, Mr. Paey finds himself seeking clemency from Governor Christ. Tragically, this 48-year-old father of three is serving a 25-year-mandatory sentence for illegally acquiring pain pills to ease his chronic pain from the car accident and the numerous failed surgeries.

As reported, Mr. Paey was arrested in 1997 after he bought 1,200 painkillers with fake prescriptions provided by a New Jersey doctor. According to his wife, Linda Paey, most Florida doctors were unwilling to take her husband as a patient when they learned how extensive his injuries were from a 1985 accident that damaged his spine. He felt he had no other means to deal with his pain from the car accident and underlying conditions.

Following his conviction, under Florida's mandatory sentencing law, Paey was given a 25-year sentence in 2004. Florida law also requires prisoners to serve at least a third of their sentence before being eligible to seek clemency. Paey is currently three-and-a-half years into his term of imprisonment. He is wheelchair bound, unable to walk because his feet are twisted and his hands shake as a result of multiple sclerosis.

Posted by Tony Caggiano | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

As Orlando car accident lawyers we have written on the impending demise of our Florida No-Fault law. On October 1, 2007, the law will expire unless the legislature renews it in its September Special Session. At present, that seems unlikely-especially in light of the controversy over extending the no-fault or Personal Injury Protection (PIP).

That controversy involves allegations by car insurance companies of rampant fraud. Recently, a number of arrests in Miami have highlighted the allegations that Florida's No-Fault law is too vulnerable to fraud and should not be renewed. Specifically, state regulators in Miami announced 11 insurance fraud arrests including a mother-son team that set up an auto-body shop to handle more than 70 fake accident claims in the past four years.

In detailing the arrests, Chief Financial Officer Alex Sink said that fraud related to the state's no-fault law has contributed to at least half of the workload in the Division of Insurance Fraud's Miami office. Among the arrests, two are accused of participating in a staged auto crash that resulted in more than $11,000 of fraudulent PIP claims through a Hialeah clinic, Havana Treatment Center. Also, the owner of Gables Medical Center in Miami, and a clinic therapist, were arrested on charges of billing more than $8,000 for treatments to two participants in a staged accident.

But CFO Sink acknowledged that auto accident-related insurance fraud won't disappear if PIP is eliminated. As with any system there will be some degree of fraud and misdealing However, the alternative to a No-Fault system will likely mean more citizens will be required to hire a lawyer to file legal claims on their behalf. For now, we will have to see if the legislature acts before October 1st.

Posted by Tony Caggiano | Permalink | Email This Post

Posted In: Car Insurance

Bookmark:

Proposed and approved settlements from the so-called "Colossus" class action could cost defendants more than $290 million. In the complaint on behalf of car accident victims with uninsured motorist claims, the plaintiffs alleged that a large number of insurance companies have used or currently use Computer Science's software program Colossus to engage in conspiracies to systematically undervalue bodily injury claim settlements.

Plaintiffs' attorneys describe the software as a cost containment tool used to enhance the insurance company profits at the expense of first party insured. The suit claims that the car insurance companies engaged in civil conspiracy, breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment, and fraud.

The infamous Colossus was used by the Government Insurance Office of Australia, and later licensed in the United States around 1990. The Colossus program is currently licensed to more than 20 insurers. Those that have used it have experienced a litany of claims of foul play and unfair claims evaluation. The class action original complaint was filed against Computer Sciences Corporation and has reached a point that some of the defendant insurers have decided to cut their costs by settling the claim.

While this litigation may have some benefit, it is likely that insurers will simply find another means of depriving car accident victims, like other injury victims, of fair compensation. It is unfortunate that hard-working people, who simply want to be treated fairly, may suffer low ball offers from their own insurance company. The insurance companies describe settlement as a means of avoiding rising litigation costs. The total of over $293 million proposed and approved settlements for only a small percentage of the insurance companies appear to justify their claim. Litigation can be a long and expensive process.

Posted by Tony Caggiano | Permalink | Email This Post

Posted In: Car Insurance

Bookmark:

A toddler was killed Sunday morning when her father backed over her in front of the family's home. Investigators said the 18-month-old child wandered outside her home and behind the Chevrolet Suburban driven by her father.

Law enforcement officers found that the driver did not realize the child was behind the vehicle and struck his daughter, pulling her beneath the sport utility vehicle. The child was the youngest of eight children, and was pronounced dead at the local children's hospital.

More than 2,400 children are treated each year for injuries suffered when they are struck by a vehicle driving in reverse, according to the Centers for Disease Control and Prevention. Two children are killed each week in these incidents, according to the nonprofit organization Kids and Cars, and most of these victims are between 12 and 23 months old. The majority of incidents involve a truck, van or SUV driven by a parent or other close relative.

To help avoid a tragic mistake it is suggested that a driver always walk around and behind a vehicle prior to moving it; and that parents and caregivers know where their kids are. We have written on this very subject before and agree with a neighbor’s comment that a parent running over a child would be anyone’s worst nightmare. Sadly, these needless deaths continue to occur.

Posted by Tony Caggiano | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

A Central Florida family was awarded nearly $45 million for wrongful death and personal injury caused by a car accident in Lakeland. Two little girls died after the pickup in which they were riding was struck by a large truck. The mother of one of the girls was driving the pickup and was seriously injured in the accident. More tragically, she was pregnant at the time and lost her unborn baby.

In the aftermath of this horrible accident, law enforcement officers found fault with the driver of the large truck. Apparently, the commercial sized truck had made a left turn in front of the pickup. Investigation also revealed that the children on-board were not wearing seatbelts.

Under these circumstances, Progressive Auto Insurance, the insurer of the commercial truck decided to take the case to trial. Rather than settle the claim when given the opportunity to do so, Progressive found it appropriate to let a jury decide this matter. Of course, we know that Progressive Insurance’s decision has obviously placed the financial security of its insured in great peril.

This case illustrates how Florida drivers are dependent on car insurance companies to properly protect them when they are involved in an accident. Florida law requires a car insurance company to settle cases whenever it can and should be done to prevent a verdict in excess of the insured’s insurance policy limits. However, that does not always happen. This case illustrates that an insurance company may choose to gamble with the financial well-being of its insured.

Posted by Tony Caggiano | Permalink | Email This Post

Posted In: Car Accidents

Bookmark: