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Posts made in December, 2012

HUGE Changes to Florida PIP Law Start Jan. 1, 2013

Posted by on Dec 31, 2012 in Motor vehicle accidents

Many Florida drivers and passengers don’t realize that significant changes to Florida’s mandatory Personal Injury Protection (PIP) automobile insurance are set to kick in on January 1, 2013.  These changes could cost anyone injured in a Florida car accident thousands of dollars if the injured person doesn’t understand their rights under the new law. This is why we have prepared a FREE Special Report called “The Clever Client’s Guide To:  Avoiding Disaster Under The 2013 PIP Law.”   Click here to learn more and get your copy of our Special Report.   As always, if you have ANY questions following a Florida car accident call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Renewed Push To Ban Texting While Driving In Florida

Posted by on Dec 18, 2012 in Motor vehicle accidents

I was happy to read that two Florida Legislators have re-introduced legislation in Tallahassee designed to make it illegal to text while driving in Florida.  As State Senator Nancy Detert indicates, she has been trying for five (5) years to get a ban on texiting while driving passed, but has thus far been unsuccessful.  Critics of such measures regularly cite privacy concerns. The privacy argument has never made much sense to me.  Why should a texting driver’s privacy outweigh the overwhelming danger created by the distraction of texting?  According to statistics released by the State of Florida, over 25,000 Florida car accidents were caused by texting.  That number only reflects those instances where drivers admitted to texting, or where there was dependable evidence revealing texting.  In reality, it is likely that there were for more than 25,000 Florida auto crashes were texting played a role. Senator Detert, and her colleague, Senator Thad Altman, believe that public sentiment in on their side this time.  I certainly hope so. While texting drivers can currently be cited in Florida for Careless Driving, I believe that specifically making texting while driving illegal will provide an additional motivation or influence upon the behavior of drivers.  In our Florida car accident law practice, we have seen far too many cases where drivers distracted by reading or sending texts have caused horrific and life-changing injuries. I am going to keep my fingers crossed for Senators Detert and Altman and their efforts.  Call me or my partner, Robert Hemphill, at 407-254-4901, if you have any...

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How Much Protection Does Your Auto Insurance Carrier Really Need?

Posted by on Dec 14, 2012 in Motor vehicle accidents

If there were MASSIVE changes set to occur to your Florida automobile insurance coverage, wouldn’t you expect your insurance company to tell you about them? Wouldn’t you expect your insurance company – you know, the one you pay premiums to every month – you know, the one you are expecting to have your back and protect you from harm when you are involved in Florida car accident – to explain these MASSIVE changes to you? Wouldn’t your insurance company to give you the opportunity—after explaining the MASSIVE potential reductions in benefits to you – to make alterations to your insurance coverage so that you could avoid any problems? Governor Rick Scott and his cabinet apparently don’t think so.   Insurancejournal.com is reporting that the Florida cabinet has passed an emergency rule that seems to be intended to provide cover for Florida auto insurance carriers – who have been well aware of these changes since they were passed by the Florida Legislature at the insurance industry’s urging last March.   The emergency rule calls for the creation of a form that the insurance companies can send to their customers explaining the changes. No explanation was provided in the story for why the insurance companies couldn’t prepare their own explanation for their own customers.   Under the new law that takes effect on January 1, 2013, many Florida drivers and their passengers will see their Personal Injury Protection (PIP benefits) reduced to $2,500.00 or zero, unless certain procedures are followed. This amounts to either a $7,500.00, or $10,000.00 reduction in benefits. Most PIP customers have not seen, and will not see, a reduction in premium bills to offset this reduction in benefits.   The insurance companies sought the emergency rule because they claimed they didn’t know what to tell their customers, and could result in them being sued it they told their customers the wrong thing. Apparently, they hope that the form generated as a result of this emergency rule will keep them from being sued.   Having read the new law, I think there is going to be a TON of litigation over this confusing and clearly unfair law – regardless of this emergency rule. Because the insurance companies refused to do it, I wrote a book describing the changes in plain language. You can download a copy of the book at...

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