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954-764-2909 or 1-800-393-0596 |
Articles
Articles
Automobile Accidents
A frightening statistic appeared in our local paper which stated that 30% of individuals driving on the roadways of South Florida do not carry the very minimal automobile insurance which is required under Florida Law. With the exception of individuals who lease cars, in order to drive on the roadways of Florida, one must carry property damage coverage to pay for physical damage to another car and PIP (Personal Injury Protection) which is meant to pay for the driver’s own medical bills and lost wages up to a combined total of $10,000.00. Drivers are required to show proof of insurance when obtaining an auto license tag. What often occurs, however, is that individuals obtain insurance on a payment plan and only make the first payment so they can present proof of insurance to the tag agency to get their license plate. Then, when payments are not made, the insurance carrier cancels the policy. State law requires the tags be picked up by the authorities but this type of enforcement almost never occurs especially with budget cuts.
So the question arises, what is adequate automobile insurance for my protection and that of my family? Clearly, you will get different opinions from different professionals but after litigating automobile cases here in South Florida for over 33 years, I am of the opinion that more is better. When you lease a car for a period of time in excess of one year, you must carry liability insurance of $100,000.00 per person and $300,000.00. This is an excellent starting point so you should ask your insurance carrier for liability coverage of at least 100/300 for coverage that protects you if people sue you.
If you are struck by an uninsured car and injured, you can still be compensated for those injuries if you buy uninsured / underinsured motorist coverage. Your automobile insurance carrier must offer you the opportunity to buy this coverage in an amount which is equal to your liability coverage. Some insurance agents will try to talk you out of this coverage, DON’T LET THEM! Underinsured coverage acts like an excess coverage policy to the policy of the person whose negligence caused your injuries. For example, if the person who hits you has $10,000.00 in liability insurance and you have $100,000.00 in coverage under the underinsured motorist coverage of your policy, you, in actuality, have $110,000.00 of potential compensation instead of $10,000.00. Why should your injuries, which are caused by other peoples’ negligence, be less important than people who would be compensated by your liability coverage, if you were at fault.
As I stated before, your own PIP ( Personal Injury Protection ) pays your medical bills as a result of an accident, regardless if you, or someone else is at fault. Insurance agents often tell people they should take a deductible on their PIP and that their health insurance will pick up the difference. This is not accurate because PIP stands in line first to pay bills from an accident. Also, PIP pays only 80% of medical bills so people end up owing out of pocket, the deductible plus the 20% balance. To avoid this from happening, do not accept a deductible and ask your agent for medical payments coverage known in the industry as MEDPAY. This coverage pays the 20% and may cover additional bills at 100%, depending on the amount you buy. The minimum you should have is $2000.00 to cover the balance from PIP. Agents will often tell you that your health insurance will kick in so you do not need MEDPAY. This may, or may not be true, but if you have an HMO, your bills will not be picked up by your health insurance under most circumstances.
Under Florida Law, you must carry property damage coverage but this coverage only pays for damage to someone else’s car, not to damage done to your car. To cover your car, you must carry comprehensive coverage, with or without a deductible. Most companies offer, in addition, towing, roadside assistance and automobile rental coverage if your car is in the shop because of an accident. Although these are valuable types of coverage, one should discuss costs and benefits with the agent depending on many factors including the value of your car. One last piece of advice, big name brand insurance companies are usually competitive with their rates, so shop around. Small, no name companies often prey on lower income people pretending to be cheaper. They often turn out to be more expensive and provide minimal service to their customer.
This is by no means a detailed look at automobile insurance in Florida, but is meant to give you the basics of Florida automobile coverage. I would be happy to answer any questions you might have about automobile insurance coverage or automobile accidents. I have been representing the injured for all types of personal injury matters, including car accidents, medical malpractice, slip and falls, and nursing home abuse, here in Fort Lauderdale for over 33 years.
Please feel free to visit my website at www.spectorlawoffices.com. If you have any questions, please feel free to call my office at (954) 764-2909, or to email me at Robert@spectorlawoffices.com.
