MedPay, Why You Need it.

Why you need MedPay with your Auto Insurance

When searching for ways to lower your car insurance premium, you may be tempted to drop medical payments coverage, aka MedPay, from your policy. After all, it may not be required in your state, and sounds redundant to your health insurance.

But you'd be mistaken to write off MedPay as unnecessary. In fact, the very limitations of most health insurance policies, combined with the slow pace of insurance settlements, as well as the risks and potential financial headaches you can avoid with this often-misunderstood optional coverage, argue strongly in favor of retaining, if not increasing, your MedPay coverage.

Basically, MedPay makes good on medical bills up to your coverage limit for you, your family and others riding in your vehicle in case of an accident, regardless of who's at fault. Your medical payments coverage moves with you (walking, riding with a friend or on public transportation, in-state or out), as well as with your insured vehicles, regardless of who's driving. It carries no deductible or co-pay.

If you're injured in an accident that another insured driver caused, it can take months for their car insurance company to pay your medical bills. Sure, your health insurance may pay, but increasingly many of us carry high deductibles and co-pays that can stretch our finances to the breaking point before the insurance settlement with the other driver closes.

The beauty of MedPay is it kicks in before the hubcaps stop spinning to pay your medical bills, health insurance deductible and co-pays. It covers myriad other out-of-pocket costs that your health policy probably won't touch, including ambulance fees, chiropractic, dental, prosthetics and, in a worst-case scenario, funeral expenses.

In the 12 "no-fault" states (Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah), MedPay can even pick up the co-pay on the personal injury protection, or PIP, portion of your car insurance or kick in seamlessly with 100 percent coverage after you've exhausted your PIP.

The premium for MedPay is so minuscule -- often less than $20 per year for up to $10,000 in coverage -- that the benefits you'd receive on just one claim could pay for decades of peace of mind.

"For example, if your health insurance has a $1,000 deductible, a 20 percent co-pay and you have a $5,000 medical claim from an accident, with your health insurance you would typically pay $1,800 out of pocket," says Christy Moulton Perry, director of product management for Great Northwest Insurance Co. "But with your MedPay, you would pay zero out of pocket. That's a big difference."

MedPay can be especially important for drivers without health insurance. But forget about using it as a stand-alone substitute. You must carry auto liability coverage in order to purchase MedPay, and you'd have to be injured in an auto-related accident to use it.

Unlike liability coverage, MedPay policy limits do not refer to the total available coverage, but instead to the amount available to each covered injured individual. That means if you, your spouse and your two children were injured in an auto accident, each of you could collect the limit amount on your $5,000 MedPay coverage for a total of $20,000. However, your insurer won't pay the same bills under both your MedPay and liability coverage.

If you live in one of the nearly 30 states that allow "stacking" of auto coverage, you may be able to stack your MedPay coverage by the number of vehicles on your auto policy. That means that if you own three insured vehicles and stack your $5,000 MedPay coverage, you would have a total of $15,000 in MedPay available to you or other covered individuals in an accident.

Despite the compelling arguments in favor of MedPay, nearly one in four State Farm drivers chooses to roll without it in states where it is offered.  Those who choose to do so can either afford to self-insure for the cost of items covered under MedPay or are willing to roll the dice if it means saving a couple of bucks a month.

A better move for many would be to boost coverage from the standard levels of $1,000 to $5,000 up to $10,000 or more. The cost to move from $2,000 to $10,000 in MedPay can be as little as $10.00 a month.

Who Makes Personal Injury Laws?

Many personal injury laws date back to old "common law rules." Common law refers to law made by judges, as opposed to laws made by legislatures or passed in bills and statutes.

When a judge hears a case, his decision on that issue of law becomes a binding precedent on all other courts in the state that are "lower" than his court. These other courts then have to apply what the first judge said, and eventually, all of this creates a body of "common law."

Common law can differ from state to state, so the rules for personal injury law may not be the same in all states.

Common law is not the only source of personal injury law. Some legislatures have passed legislation or law that touches on personal injury issues. One example of this would be Workman's compensation laws where legislators took all cases of work-related injuries and removed them from personal injury law and made workman's compensation the way injuries resulting at a place of employment were handle, except under very limited circumstance.

Contingency Fees

What you need to know.

Before you arrange a contingent fee agreement with a attorney, you should know your rights as a client:

There is no legal requirement that a attorney charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one attorney you may talk with other attorneys.

Any contingent fee contract must be in writing and you have three (3) business days to reconsider the contract.

You may cancel the contract without any reason if you notify your lawyer in writing within three (3) business days of signing the contract.

If you withdraw from the contract within the first three (3) business days, you do not owe the attorney a fee although you may be responsible for the attorney’s actual costs during that time.

If your attorney begins work on your case, your attorney may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to hire another attorney.

Generally, your attorney must obtain court approval before withdrawing from a case.

If you discharge your attorney without good cause after the three-day period, you may have to pay for work the attorney has done.

Before hiring an attorney, you have the right to know about the attorney’s education, training, and experience.

If you ask, the attorney should tell you specifically about his or her actual experience dealing with cases similar to yours. If you ask, the attorney should provide information about special training or knowledge and give you this information in writing if you request it.

Before signing a contingent fee contract with you, an attorney must advise you whether he or she intends to handle your case alone or whether other lawyers will be helping with the case. If your attorney intends to refer the case to another attorney, he or she should tell you what kind of fee sharing arrangement will be made with the other attorney. If attorneys from different law firms will represent you, at least one attorney from each firm must sign the contingent fee contract.

If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract which includes the new lawyers. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interests and is legally responsible for the acts of the other lawyers involved in the case.

You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs.

You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money which you might have to pay to your lawyer for costs and liability you might have for attorney’s fees, costs and expenses to the other side.

You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer’s fee. Until you approve the closing statement, your lawyer cannot pay any money to anyone, including you, without an appropriate order of the court. You also have the right to have every lawyer or law firm working on your case sign this closing statement.

You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer’s ability.

You, the client, have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.

If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee, you, the client, have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida.

Your Rights as a Client

A Clients 10 Basic Rights

When I retain an attorney, I am entitled to one who:

Will be capable of handling my case.

Will represent me and seek any lawful means to present or defend my case.

Will preserve my confidences, or statements which I reveal in the course of our relationship.

Will give me the right to make the ultimate decision on the objectives to be pursued in my case.

Will charge me a reasonable fee and tell me, in advance of being hired and upon my request, the basis of that fee.

Will show me courtesy and consideration at all times.

Will exercise independent professional judgment on my behalf, free from compromising influences.

Will inform me periodically about the status of my case and, at my request, give me copies of documents prepared.

Will exhibit the highest degree of ethical conduct.

Will refer me to other legal counsel, if he or she cannot properly represent me.

Suing the State?

What you need to know.

Involved in an accident or injury with a city, town, county or state entity?  There are some special rules that you will need to follow.

When suing the state or local government, there are often strict time limits for bringing your injury claim. Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, or municipality, and another for claims against the state or a state agency. However, not all states have a government-specific time limitation, and you may only need to be aware of the general statute of limitation for your injury.

Under Florida's statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida's civil courts. For injury claims against a city, county or state government, the time limit is three years.

Notice Requirements for filing a lawsuit against a government entity.
In most states, you cannot simply file a lawsuit in court against the government. Instead, you need to provide a “Notice of Claim” to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court. You must ensure that the Notice of Claim complies with laws of the applicable jurisdiction.

 In most jurisdictions, the Notice of Claim must be addressed to each person or entity that caused your injuries. The Notice of Claim is not filed with the court, but must be mailed (often by certified mail) to each government employee or entity. The notice may also need to be mailed to a single government agency that receives all Notice of Claim forms. In Florida, every Notice of Claim must be mailed to the Florida Department of Financial Services.

There is specific information that must be included in the notice. For example, in Pennsylvania, the notice must have the name and address of the injured person, the date, location, and hour of the accident, and the name and address of medical care providers.

After sending the Notice of Claim to each person or entity, you must wait for a period of time before filing a lawsuit in court. This period is typically between 30 and 120 days. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.

 Did you know the Government May Be Immune From Your Injury Claims?

The government is immune from certain injury claims. While this immunity is less broad than in the past, the government is still immune from many injury claims. Again, this immunity varies from state to state. Let’s take a look at the government immunity laws of two states.

In Illinois, there are several governmental immunities related to negligence claims. Under Illinois Law, the government is immune from lawsuit for negligence for:

Failure to supervise activity on public property.
Negligence related to health and safety inspections, and negligence connected to injuries caused by unsafe conditions on government property if the government did not have notice of the conditions.

In Pennsylvania, governmental employees and entities also have certain immunities from liability. These immunities relate to:

Operation of a motor vehicle.
Care, custody, and control of personal and real property in possession of the government.
Dangerous conditions of trees, traffic controls, street lighting, utility service facilities; streets, and sidewalks, and care, custody, or control of animals in possession of the government.

Most states will not allow injured persons to recover punitive damages from the government.

Punitive damages are compensation that is awarded to an injured person in order to punish the wrongdoer and deter future similar misconduct. The reasoning behind this policy (against punitive damages in these cases) is that, where the government is involved, punitive damages would not have the same deterrent effect.

Letter of Protection.

 What does it do, and why would I need it?

When a client is represented by an attorney, the attorney may issue a letter of protection (LOP) to a doctor or medical provider, asking the doctor to hold their bill for collection, and promising to pay the doctor out of the proceeds of a personal injury case.

The LOP does NOT make the attorney responsible for the bill, it remains a contract between the patient and the doctor.

Your attorney should not issue a letter of protection unless you agree and authorize them to issue such a letter.

The form, which you must authorize states that you agree that the bills of the medical provider will be paid out of the proceeds of your personal injury settlement.

If you are not successful in your case against the at-fault party, you are still responsible for paying your medical bills.

There are situations where billing sources unrelated to your injury case may request a letter of protection.

Most attorneys will not agree to issue a letter of protection for a bill unrelated to the injury case, such as for a car payment, or other non-medical type billing. Typically a letter of protection is only issued to medical providers who treated the client for the injuries that are the basis of the personal injury case.

A common situation in which letters of protection are necessary includes automobile accidents in which the medical bills exceed the $10,000.00 in PIP benefits, and for which there is no health insurance or other source of payment.

Additionally in motorcycle accidents or premises liability cases, where there is no personal injury protection (PIP) insurance, the injured client would have little chance to receive care for his or her injuries without a letter of protection.

Another common situation arises because PIP auto insurance in Florida only pays 80% of accident related medical bills, leaving 20% of your medical bills outstanding.

Without a letter of protection your medical provider may require upfront payments or refuse to provide treatment without assurance that he will be paid. For many injured persons, a letter of protection may mean the difference between getting treatment for their injuries or not getting treatment.

The letter of protection is a contract between the medical provider and the attorney, and is normally obtained through a process in which the medical provider contacts the attorney requesting a letter of protection.

Letters of protection differ from advance settlement funding, because under a letter of protection no money changes hands, no interest is charged, and the medical bills are not paid until the case is settled.

Once the case is settled, the attorney is obligated to honor the letter of protection and pay the medical providers in accordance with the agreed upon letter of protection.

Pre-settlement Funding?

When you’re in the midst of a personal injury case and are struggling to make ends meet, securing pre-settlement funding, using financial aid like loans, might be an option.

A pre-settlement loan, also referred to as lawsuit advance funding, can help accident victims who are seriously injured, unable to return to work, and have no other resources available for living expenses while awaiting their personal injury claim to settle.

It’s important not to jump into any loans or agreements, though, without first knowing how they work, the pros and cons, and speaking to your attorney about it.

What is a pre-settlement loan?

Some finance companies offer funding for personal injury accident victims who are in the middle of a lawsuit. According to statistics "Over 85 percent of the funds consumers get go to pay immediate household needs, such as the mortgage, rent, car payments, and putting food on the table. It is used to keep them above water until they wait for the outcome of their legal claim."

After the funding application process, the company will estimate the value of the claim and then provide the client with a cash advance. The clients must then pay back the “loan" (although it’s not really legally considered a loan; it’s “funding") upon a successful settlement, along with hefty fees.

Types of Cases Suitable for Settlement Loans

Any type of case that will result in a fairly large settlement may be a candidate for pre-settlement funding. Most lawsuit advance funding companies accept cases such as:

 car, bike, truck and motorcycle accidents, wrongful death, injuries to children, pedestrian accidents, product liability,  medical malpractice, slip and fall accidents and traumatic brain injury cases.

Pre settlement Loans, Pros and Cons

If you are currently considering a settlement loan, it’s important to fully understand the pros and cons before rushing into any funding options.

The most obvious benefit is that this type of funding will enable you to pay your bills until your case is settled. If you have exhausted all your other resources, a loan could help you stay afloat financially.

Another benefit is that victims will have a little more staying power and may be less likely to rashly settle on a lower offer because of financial desperation.

However, there is harsh criticism of lawsuit loans by lobbyists who are fighting to have the industry better regulated. The fees are often 60 to 100 percent or more annual interest rate. Fortunately, if you don’t win your case, you will not be obligated to pay back the funding company.

As always consult with your attorney when making this or any other decision that involves your case.

Letter of Protection

What does it do, and why would I need it?

When a client is represented by an attorney, the attorney may issue a letter of protection (LOP) to a doctor or medical provider, asking the doctor to hold their bill for collection, and promising to pay the doctor out of the proceeds of a personal injury case.

The LOP does NOT make the attorney responsible for the bill, it remains a contract between the patient and the doctor.

Your attorney should not issue a letter of protection unless you agree and authorize them to issue such a letter.

The form, which you must authorize states that you agree that the bills of the medical provider will be paid out of the proceeds of your personal injury settlement.

If you are not successful in your case against the at-fault party, you are still responsible for paying your medical bills.

There are situations where billing sources unrelated to your injury case may request a letter of protection. 

Most attorneys will not agree to issue a letter of protection for a bill unrelated to the injury case, such as for a car payment, or other non-medical type billing. Typically a letter of protection is only issued to medical providers who treated the client for the injuries that are the basis of the personal injury case.

A common situation in which letters of protection are necessary includes automobile accidents in which the medical bills exceed the $10,000.00 in PIP benefits, and for which there is no health insurance or other source of payment. 

Additionally in motorcycle accidents or premises liability cases, where there is no personal injury protection (PIP) insurance, the injured client would have little chance to receive care for his or her injuries without a letter of protection.

Another common situation arises because PIP auto insurance in Florida only pays 80% of accident related medical bills, leaving 20% of your medical bills outstanding. 

Without a letter of protection your medical provider may require upfront payments or refuse to provide treatment without assurance that he will be paid. For many injured persons, a letter of protection may mean the difference between getting treatment for their injuries or not getting treatment.

The letter of protection is a contract between the medical provider and the attorney, and is normally obtained through a process in which the medical provider contacts the attorney requesting a letter of protection.

Letters of protection differ from advance settlement funding, because under a letter of protection no money changes hands, no interest is charged, and the medical bills are not paid until the case is settled. 

Once the case is settled, the attorney is obligated to honor the letter of protection and pay the medical providers in accordance with the agreed upon letter of protection.

Types of Personal Injury

What is personal injury?


There are a wide variety of different situations where personal injury rules apply:


 Accidents.  Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person.

 Examples include car accidents, slip and fall incidents, and medical malpractice, among other types of cases.

 Intentional Acts.Personal injury laws apply in situations where a defendant’s intentional conduct causes harm to another person.

Examples of this include assault and battery, and other intentional acts.

Defective Products. There are a few situations where a defendant can be found liable for injuries without any negligent or intentional wrongdoing.

Examples of this include certain types of product liability claims arising from a defective product.

Defamation. Personal injury laws apply when one person’s defamatory statement causes harm to another person’s reputation.

Uninsured/Under-insured Motorist Coverage

Uninsured Driver Coverage

You use your uninsured motorist coverage if you are hit by a driver who carries no car insurance, and the accident is deemed to be that driver’s fault. If that happens, you would generally not bother trying to sue the uninsured driver. Drivers who have no car insurance generally don’t have any money either. Instead, you would make a claim against your own insurance company up to the limit of your uninsured driver coverage.

Under-insured Driver Coverage

Under-insured driver coverage is for when you are hit by a driver who carries insufficient car insurance, and the accident is deemed to be that driver’s fault. Insufficient insurance means that the negligent driver does not have enough insurance to cover your damages. In that case, you would make a claim against your own insurance company up to the limit of your under-insured motorist coverage, but only if your under-insured driver coverage is greater than the negligent driver’s policy limits.

Let’s say that your case is worth $200,000, but the negligent driver only has $100,000 of coverage. In that case, you can make an under-insured driver claim against your own insurer as long as you have more than $100,000 in under-insured driver coverage. If you had $150,000 in under-insured driver coverage, you would settle with the negligent driver for $100,000, and would settle with your insurer for $50,000. You cannot take the negligent driver’s $100,000 policy and another $100,000 from your policy. You can only take from your policy that amount that exceeds the negligent driver’s coverage.

Another important thing to know about uninsured and under-insured driver coverage is that those coverage's cannot exceed the amount of your primary coverage. For example, if you have $100,000 in coverage for your own potential negligence, you can only have up to $100,000 in uninsured or under-insured coverage. That’s just a financial issue for insurers. Uninsured and under-insured coverage is very cheap compared to regular liability coverage, so insurers don’t want their clients purchasing only the minimum liability coverage and then loading up on uninsured and under-insured coverage.

How an Uninsured or Under-insured Driver Claim Works

If you have reason to believe that the driver who hit you is uninsured, you should give your insurer notice as soon as possible, letting them know that you intend to file an uninsured claim.

Some car insurance policies place strict deadlines on their clients' policies when it comes to notification of potential uninsured claims. Don’t delay. The deadline could be as brief as 30 days. If the other driver tells you that he/she does not have car insurance, or, if he/she refuses to give you any insurance information, and you can’t get the insurance information in any other manner, inform your insurer immediately that you intend to file an uninsured claim against your insurer.

An under-insured driver claim will generally take a little longer to develop. You usually are not going to know right away that you are going to have an under-insured driver claim until your medical treatment progresses and you and your lawyer get a better understanding of the value of your car accident case. But once you or your lawyer believe that your case is worth more than the defendant’s liability coverage, you must inform your insurer immediately that you intend to make an under-insured driver claim against it.

In general, an uninsured or under-insured driver claim progresses in the same way as a regular car accident claim, except that the claim is against your own insurance company. There will be pretrial investigation, disclosure of your medical records, and depositions of witnesses. But one very important difference is that, if you and the insurer cannot agree on a settlement figure, you cannot file a lawsuit against your insurer.

Instead, you have to submit your claim to binding arbitration, which is a more informal procedure than a court trial. An arbitration is a hearing in front of an arbitrator, and the arbitrator or arbitrators will decide who wins. The down side of binding arbitration is that, unlike a court trial, the losing side in an arbitration has very limited rights of appeal. Basically, the losing side in a car accident arbitration is stuck with the decision.

www.floridabar.org/www.allaw.com

Finding an Attorney

This week's blog covers some basic tips when looking for an attorney.

Most people don't have a "regular" attorney, in the sense that they have one or more doctors that they see at least annually.

So how do you find the attorney who's right for you?

Where do you turn for recommendations?

One way is to get recommendations from a trusted friend, relative, or business associate. Be aware that each legal case is different and that an attorney who is right for someone else may not suit you or your legal problem.

Are there any practical considerations to keep in mind when choosing an attorney?

Yes, the attorney's area of expertise and prior experience are important.

Eighteen states have specialization programs that certify attorneys as specialists in certain stated types of law. These states are: Alabama, Arizona, California, Connecticut, Florida, Georgia, Idaho, Indiana, Louisiana, Maine, Minnesota, New Jersey, New Mexico, North Carolina, Pennsylvania, South Carolina, Tennessee and Texas.

In states without certification programs, you may want to ask about your attorney's areas of concentration. You also may wish to ask about the type of cases your attorney generally handles.

To learn more about your states certifications, check your local bar association website.

Another possibility is a referral service.

Most communities have referral services to help the public find attorneys . These services usually recommend a attorney in the area—sometimes at a reduced cost.

Several services offer help to groups with unique characteristics, such as the elderly, immigrants, victims of domestic violence, or persons with a disability.

These services usually make referrals according to specific areas of law, helping you find an attorney with the right area of practice.

Many referral services also have competency requirements for attorneys who wish to have referrals in a particular area of law.

To contact a referral service, look in the telephone book's yellow pages under "Lawyer/Attorney Referral Service," or look under any local or state bar association listing. You can also 'Google' it on the internet.

How do I go about choosing an attorney?

Most attorneys will meet with you briefly to "get acquainted," allowing you to talk with your prospective attorney before making a final hiring decision.

In many cases, there is no fee charged for an initial consultation. However, to be on the safe side, ask about fees before setting up your consultation appointment.

I may want to hire a lawyer, but I do not have much money. Where can I find low-cost legal help?

People do not have a right to a free attorney in civil legal matters (they do in most criminal cases). However, several legal assistance programs offer inexpensive or free legal services to those in need.

Most legal aid programs have special guidelines for eligibility, often based on where you live, the size of your family, and your income.

To find free or reduced-cost legal services in your area, call your bar association or county courthouse. You can also search "Legal Aid," or "Legal Assistance' on a computer with an internet connection.

For more information on this topic and many other legal topics, be sure to visit your local bar association website.

What does Florida Law require to operate a motorcycle?

To legally operate a motorcycle in Florida, the law requires:

A Florida motorcycle operating license, or equivalent out-of-state motorcycle endorsement;

Attaining at least 16 years of age;

Completing a 15-hour basic rider education course, accredited by the Motorcycle Safety Foundation (MSF), including skills training, road safety knowledge exam, and hearing and vision tests;

If an operator is 16 to 20 years old, a state-approved safety helmet is mandatory;

If an operator is 21 years or older and carries the required $10,000 in insurance, the motorcyclist may "ride free," without a helmet;Riders must use state -approved eye protection, such as goggles, glasses, or a windshield;

Daytime use of a headlight;

Riders may not use head phones;

Handlebars that are no higher that the rider's shoulders;

Use of turn signals

Any passenger or rider on a motorcycle under 21 years of age must wear an state-approved helmet;

Operators may not consume alcohol and ride with a BAC of .08 or greater.

See the FLDMV "2006 Florida Motorcycle Operating Manual," online for more information.

Florida PIP Law Changes

With changes to auto insurance laws, its a good idea to review your auto policy. Perhaps you need to update some coverage's, possibly even add some new ones. We will take a look at some of the key points you should be concerned about with your auto policy.

The first thing to be aware of is the new P.I.P (Personal Injury Protection) changes.

The first thing to be aware of is now if you are injured in car accident you will have only 14 days to seek initial treatment as opposed to the previous policy that placed no time limit on treatments.

If treatment is sought after two weeks, NOTHING will be reimbursed by the insurance company.

 Another change as well states, policyholders may be eligible for only $2,500 in coverage, instead of the previous limit of $10,000.

Only persons with serious injuries are eligible for the higher limit, while those with less severe injuries will receive only up to $2,500.

According to the Tampa Bay Times, patients will need certification by a medical doctor, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner corroborating that the injury required immediate medical attention.

The new law excludes massage therapists and acupuncturists as covered providers under PIP.

Another disturbing aspect to the law is that it does NOT require insurance companies to notify policyholders of the changes, potentially reducing a policyholders coverage's without their knowledge.

The new PIP law forces insurance companies to reduce their PIP rates by at least 25% by 2014.

This appears to be good news for policy holders, however the PIP cost is such a small portion of the insurance premium (approximately 20%) that the insignificant savings, stacked up next to the lost coverage's is actually benefiting the insurance industry, not policyholders.

If you are involved in an accident, it is important to remember that the new 14-day PIP limit only allows a very small window of time for injured motorists to seek medical treatment.

Many drivers hesitate to seek help immediately, waiting to see if things will get 'better' before seeking medical attention. This hesitation could keep you from receiving PIP compensation in the event of an accident related injury.

Due to the changes in the law, it is absolutely critical to seek medical attention after an auto accident as well as to contact a personal injury attorney immediately following your accident to ensure that your rights are protected.

Driving While Impaired Random Facts

Drunk driving causes approximately one-third of all traffic fatalities in the United States.

During the year 2007, alcohol-impaired driving was involved in the deaths of nearly 13,000 Americans.

On average, someone in the U.S. is killed by a drunk driver every 40 minutes.

Roughly three in every 10 Americans will be involved in an alcohol-related collision at some point in their life.

Over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics in 2007.
This number is less than 1% of the 159 million self-reported episodes of drunk driving in that year.

According to the law in all 50 U.S. states, a driver is considered to be legally drunk when his or her blood alcohol content (BAC) level is at or above .08 grams per deciliter (g/dL).

To reach a BAC level of .08 g/dL, a man weighing approximately 170 pounds would need to consume four standard drinks in one hour on an empty stomach.

A woman weighing about 140 pounds would need to consume three drinks in one hour.

Alcohol remains in the body for up to six hours after drinking.

It takes approximately six hours after drinking for the body to completely eliminate alcohol from its system with a BAC level of .08 g/dL.

Because alcohol dilutes itself in the water volume of the body in order to travel through it, vital organs that contain a lot of water (such as the brain) are particularly vulnerable to the effects of alcohol.

Even at BAC levels as low as .02 g/dL, alcohol can affect a person’s response time and driving ability.

The probability of a crash increases significantly after .05 BAC, and even more rapidly after .08 BAC.



thanks to random facts and MADD for statistical information.

Identity Theft

This week we will have tips on identity theft. How it happens and how you can protect yourself.

The Federal Trade Commission states approximately 9 million Americans have their identity stolen each year. 

Identity theft occurs when someone uses your personal information without your permission to commit fraud or other crimes for the purpose of:

Assuming another person’s identity.

Obtaining credit or credit card.

Stealing money from credit, checking and savings accounts.

Gaining employment.

Leasing or purchasing real estate or automobiles.

How Does Identity Theft Occur?

Identity theft can occur in a number of ways, either through digging through your trash, recording your credit card numbers, obtaining your personal information through false pretenses, changing your address to receive items at a separate location, and stealing wallets, purses or driver licenses. 

Legal authorities call such crimes Dumpster Diving, Skimming and Pfishing.

This week's blog will present several different ways that people become victims of identity theft. The first method is a technique referred to as dumpster diving.

Dumpster Diving:

By leaving your un-shredded bank statements, credit card statements, medical bills, pre-approved credit card solicitations, and other personal 

documents in your kitchen garbage you may attract thieves and lead to a financial disaster. Any one of those documents can be sitting in your outside 

garbage bins waiting for someone to come steal your garbage and piece together your mail.

Skimming:

Be careful of who you provide your credit card information. Criminally-minded retailers exist and can easily run your card in a special copying machine during the course of legitimately running your transactions.

Pfishing:

Pfishing—This word looks funny but sounds familiar. Every day thousands of people receive emails from senders claiming to be financial institutions requesting you to click on a link to verify information. These links are actually fake sites created by thieves who send spam or pop-up messages to gain your personal information.

NEVER log onto your financial sites from an email link. You should always type your bank’s address separately and log on apart from email.

What Thieves Do With Your Information.

Thieves may open credit card accounts in your name, fail to pay bills and hurt your credit.

By changing your billing address, you may never know that your account is being charged.

Utilities, wireless, cable and heating accounts can be opened using your information. 

Thieves can also create fake checks using your name, write illegitimate checks or duplicate your ATM card.

Some thieves may even take out loans in your name.

Fake IDs can also be made using his or her picture with your information.

Vehicles and houses are not to be discounted, they too can be rented in your name, and jobs can be obtained using your social security number.

Prevention Tips:

There are some ways you can protect yourself from identity theft. 

When it comes to personal finance matters: 

Order and review copies of our financial report from Equifax, Experian and TransUnion every year. 

Empty your wallet of extra credit cards and identity.

Shred all financial documents you plan to discard.

Only release personal data to agencies who require it to initiate certain actions.

Your department of motor vehicles can issue drivers licenses without your social security number.

Ensure your pin numbers cannot be viewed by others when entering it into an ATM.

Shred all financial receipts and never leave then at the retail location.

Do not keep passwords or your Social Security number in your wallet.

Remove mail promptly from your mailbox.

Deposit outgoing mail in locked post collection boxes, not in your mailbox.


Use caution when supplying your financial information over the Internet.

If You Become a Victim of Identity Theft:

Contact credit reporting agencies.

Close accounts and contact fraud departments for each company where your account has had unauthorized activity.

File a police report.

How to Avoid Being a Victim of Auto Repair and Service Station Scams

While most car mechanics are honest, there are some unscrupulous service station mechanics and attendants who use gimmicks and tricks to con their customers into paying for unnecessary auto parts or labor.

Some unscrupulous mechanics use fear tactics in selling such parts as tires, radiator hoses, and shocks.

Beware of attendants who tell you that you need such parts replaced immediately or else you will have a serious accident.

Attendants want to arouse enough fear so that you will make a quick decision to purchase based on an emotional reaction rather than on sound reasoning.

Unfortunately, it is almost impossible to be aware of all of the scams that can be used, but if you're careful you can protect yourself.

Here are a few basic guidelines to remember:

Deal with local service stations or mechanics whom you know from experience that you can trust. Scams are more likely to be used on customers who are out of towners rather than locals who live in the area.

Take your vehicle in when the shop is open instead of dropping it off, that way you can speak with the mechanic.

If you do leave your vehicle, leave specific instructions and a contact telephone number.

Remember to have your car serviced regularly and checked by your mechanic before any major trips. This way you can help avoid being the 'out of towner 'with a car  problem.

Motor vehicle repair shops must register with the Department of Agriculture and Consumer Services. Verify that the shop you are dealing with is registered.

Some counties also require registration, check with your county consumer agency.

Be aware of the Florida Motor Vehicle Repair Act.

This act requires that a written estimate of the cost of a repair be given to you if your repair will exceed $100.00.

Always get a written estimate for any work done on your car and demand additional written estimates if the repairs are to exceed the original amount.

You may also demand to be contacted by the attendant or mechanic for your authorization if there is going to be an expense over and above that which is stated in the estimate.

You can ask that old parts replaced during the repair be returned to you.

The repair facility must tell you whether or not new or used parts are to be used in the repair.

All work and parts are required to be itemized on an invoice so you can know the reason for all charges.

Following these few simple tips can help protect you from auto repair scams.

Do I Need Uninsured/Under Insured Driver Coverage?

The consequences of being hit by an under insured/uninsured driver depend on your state's insurance laws. States are either "no-fault" or "tort" as far as insurance  goes.

In no-fault states, drivers go to their own insurance company for payment after an accident. The question of who is at fault isn't usually even discussed.

In tort states, car insurance companies pay for damages based on who is at fault. So if you're in an accident where the other driver is deemed completely at fault, their company would have to cover all damages — yours and their own.

As you can see, colliding with an uninsured or under insured driver is a simpler matter in a no-fault state: You simply file a claim with your car insurance company and they handle your needs.

However, you might still want to consider uninsured/under insured motorist coverage if you live in a no-fault state due to the extra financial protection it provides.

 For instance, if you're hit and injured in a collision with an uninsured driver, your health insurance will pay your medical bills — but they won't help you with lost wages or pain and suffering compensation, things the other driver's liability policies would normally provide. Thankfully, uninsured/under insured coverage can help.

If the crash happens in a tort state,  you may have to sue for damages — hence the "tort." This can be a costly and stressful process.

Taking into account that an uninsured or under insured driver probably lacks insurance due to limited funds, chances of payment is pretty slim.

Your own policy will of course cover you, but only up to your selected limits. If your limits are too low to cover all costs, you'll have to choose between paying out of pocket or litigating.

Note that some states have "contributory negligence" laws, which mean that insurance companies pay claims based on degree of fault. So if you're deemed to be 21 percent at fault in a collision, your insurance company will pay 21 percent of damages.

In closing, getting that extra coverage may seem like an unnecessary expense at the time, but in the event that you are involved in an accident with an under insured/uninsured motorist, you will be glad you have the coverage should your expenses exceed their coverage.

Check with your Insurance Agent to see if you are fully protected in the event of an accident with an under insured/uninsured motorist.

Personal Injury Case Information

Part 1

Our next couple of blogs will be related to what you can expect during the course of personal injury litigation. We hope this gives you some idea of what you might expect in the course your personal injury case.

I was hurt, someone owes me. Right?

Not necessarily. In order for an individual, company, or their insurance carrier, to be held responsible for an injury, there must be a reason. Usually, that reason is "negligence," which means not being careful for the safety of those around you, more or less. If someone runs a stop sign, and causes an accident, they are negligent, and will be responsible for the damages. If you are a customer in a restaurant, and there is something slippery on the floor, and you slip, fall and hurt yourself, the store owner can be held liable for your injury provided you can prove that the store operator knew there was a hazardous condition and failed to remedy it. However, if you are walking down the street and trip on a crack in the sidewalk you may not be able to sue the city unless you can prove they were grossly negligent. (Gross negligence is a legal concept which means serious carelessness.) These are the conditions that must be met in order to collect a monetary reward for personal injury.

Next?

You were injured, and someone was at fault.  What’s next?  Once responsibility for an injury is proven, the responsible party can be held liable in court for all damages related to your injury. Including payment of medical bills, prescriptions, mileage to and from doctor appointments, wages for lost time at work, as well as future lost wages if you have continuing medical treatment related to the injury. It also includes a monetary award for pain, suffering (physical and or mental,) inconvenience, and any other issues that could be considered for compensation related to the injury.

When to Hire a Personal Injury Attorney

You should strongly consider hiring a personal injury lawyer if:

You sustained serious injuries with possible long-term repercussions.

The other involved driver was uninsured or under-insured.

When there is a dispute as to who is at fault.

You are feeling pressured by the claims adjuster to agree to a quick settlement. Quick usually takes precedent over fair, often leading to hasty decisions and complicated insurance-speak in the settlement agreement.

You don't feel you're being fully compensated for your current and future medical costs resulting from your car accident injury.

These are some of the reason you should consider legal representation in the event of a disputed automobile accident.

Most consultations are free, so it benefits you to check if you have any of the above scenarios to see if an attorney might be able to help your financial position.

If the attorney doesn't think you have a case, they will tell you. The attorney makes no money if you don't win your case so you can feel comfortable discussing your possible options.

Looking for a New Car with Extreme Safety?

NHTSA Says Tesla Outscored Their Own 5 Star Crash Rating - Is this the safest car ever produced?

If you are in the market for a new car and are looking for the utmost in vehicle safety, you might want to check out the Tesla Model S.

Independent testing by the National Highway Traffic Safety Administration (NHTSA) has awarded the Tesla Model S a 5-star safety rating, not just overall, but in every subcategory without exception.

Approximately one percent of all cars tested by the federal government achieve 5 stars across the board. NHTSA does not publish a star rating above 5, however safety levels better than 5 stars are captured in the overall Vehicle Safety Score (VSS) provided to manufacturers, where the Model S achieved a new combined record of 5.4 stars.

Of all vehicles tested, including every major make and model approved for sale in the United States, the Model S set a new record for the lowest likelihood of injury to occupants. While the Model S is a sedan, it also exceeded the safety score of all SUVs and minivans. This score takes into account the probability of injury from front, side, rear and rollover accidents.

The Model S has the advantage in the front of not having a large gasoline engine block, thus creating a much longer crumple zone to absorb a high speed impact. This is fundamentally a force over distance problem – the longer the crumple zone, the more time there is to slow down occupants at g loads that do not cause injuries. Just like jumping into a pool of water from a tall height, it is better to have the pool be deep and not contain rocks. The Model S motor is only about a foot in diameter and is mounted close to the rear axle, and the front section that would normally contain a gasoline engine is used for a second trunk.

For the side pole intrusion test, considered one of the most difficult to pass, the Model S was the only car in the "good" category among the other top one percent of vehicles tested. Compared to the Volvo S60, which is also 5-star rated in all categories, the Model S preserved 63.5 percent of driver residual space vs. 7.8 percent for the Volvo. Tesla achieved this outcome by nesting multiple deep aluminum extrusions in the side rail of the car that absorb the impact energy (a similar approach was used by the Apollo Lunar Lander) and transfer load to the rest of the vehicle. This causes the pole to be either sheared off or to stop the car before the pole hits an occupant.

The rear crash testing was particularly important, given the optional third row children's seat. For this, Tesla factory installs a double bumper if the third row seat is ordered. This was needed in order to protect against a highway speed impact in the rear with no permanently disabling injury to the third row occupants. The third row is already the safest location in the car for frontal or side injuries.

The Model S was also substantially better in rollover risk, with the other top vehicles being approximately 50 percent worse. During testing at an independent facility, the Model S refused to turn over via the normal methods and special means were needed to induce the car to roll. The reason for such a good outcome is that the battery pack is mounted below the floor pan, providing a very low center of gravity, which simultaneously ensures exceptional handling and safety.

Of note, during validation of Model S roof crush protection at an independent commercial facility, the testing machine failed at just above 4 g's.

While the exact number is uncertain due to Model S breaking the testing machine, what this means is that at least four additional fully loaded Model S vehicles could be placed on top of an owner's car without the roof caving in. This is achieved primarily through a center (B) pillar reinforcement attached via aerospace grade bolts.

The above results do not tell the full story. It is possible to game the regulatory testing score to some degree by strengthening a car at the exact locations used by the regulatory testing machines. After verifying through internal testing that the Model S would achieve a NHTSA 5-star rating, Tesla then analyzed the Model S to determine the weakest points in the car and retested at those locations until the car achieved 5 stars no matter how the test equipment was configured.

The Model S lithium-ion battery did not catch fire at any time before, during or after the NHTSA testing. It is worth mentioning that no production Tesla lithium-ion battery has ever caught fire in the Model S or Roadster, despite several high speed impacts. While this is statistically unlikely to remain the case long term, Tesla is unaware of any Model S or Roadster occupant fatalities in any car ever.

The graphic below shows the statistical Relative Risk Score (RSS) of Model S compared with all other vehicles tested against the exceptionally difficult NHTSA 2011 standards. In 2011, the standards were revised upward to make it more difficult to achieve a high safety rating.

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