New South Florida PIP Law Shifts Burden to Medical Providers to Revise Rejected Claims

April 19, 2012

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Effective January 1, 2013, Florida Statute §627.736 Required personal injury protection benefits; exclusions; priority; claims. will be changed to shift the burden to medical providers to revise any claims that have been rejected, in part or completely, by the insurer. Specifically, §627.736(4)(b) addressing BENEFITS; WHEN DUE, was changed from a block provision, to containing 6 separate subsections. Most of the subsections contain minor changes (1, 2, 4, 5, & 6), but seem to be separated in order to provide more clarity. Subsection (3), however, is a completely new provision which states, "If an insurer pays only a portion of a claim or rejects a claim due to an alleged error in the claim, the insurer, at the time of the partial payment or rejection, shall provide an itemized specification or explanation of benefits due to the specified error. Upon receiving the specification or explanation, the person making the claim, at the person's option and without waiving any other legal remedy for payment, has 15 days to submit a revised claim, which shall be considered a timely submission of written notice of a claim [Emphasis added]."

In the old statute, "[w]hen an insurer pays only a portion of a claim or rejects a claim, the insurer shall provide [...] an itemized specification of each item that the insurer had reduced, omitted, or declined to pay and any information that the insurer desires the claimant to consider related to the medical necessity of the denied treatment or to explain the reasonableness of the reduced charge [...] [Emphasis added]." At this point, if there was any dispute as to any rejected portion of a claim, the claimant could file a PIP suit and proceed accordingly. There was no provision addressing claim rejections due to "alleged errors," and there was no recourse, aside from filing a PIP suit, for the claimants to seek. With the new statute, the old provision (quoted above) remains essentially the same and can be found at §627.736(4)(b)(2). For claimants, however, subsection (3) creates an additional step.

It is likely that many of these alleged errors will be pointed out by insurance companies, and in turn, that many claims will be rejected in whole or in part because of such alleged errors. Attorneys will have to keep on their toes when calculating their clients' medical costs, and make sure to take into account any rejections by the insurer. When a claim is rejected in full, it will be in the attorney's best interest to make sure that the medical provider/claimant is aware of the claim rejection and that they are taking the proper steps to either revise the claim within the statutory 15 day period, or to find an alternative method of reimbursement if they decide not to drop the claim (i.e., require the patient to pay out-of-pocket, bill any applicable health insurance carrier, etc.). The same goes for when a claim is partially rejected. Florida attorneys should notify their clients of such claim rejections, and make sure that they are aware of any additional expenses that may be personally incurred because of the rejection. Although the burden is on the claimant (typically the medical provider on behalf of the patient) to work out their own billing issues, a prudent attorney will make sure that their client is notified and that this issue doesn't slip through the cracks. This will help ensure the client is protected.

South Florida Personal Injury Attorney Ken Cutler Honored on Permanent Historical Marker by City of Parkland's Historical Society

April 3, 2012

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On Saturday, March 31, 2012 the City of Parkland's Historical Society honored the City and the Parkland Library with a permanent historical marker. The marker describes the history of the Library from its days in a concession stand to a double wide trailer to what is now a beautiful state-of-the-art building in the center of the City. Partner Ken Cutler, of the Deerfield Beach personal injury law firm of Goldman, Daszkal, Cutler, Kirby & Galsterer, served as the President of the Friends of the Parkland Library for many years and was on the Library Building Committee that ultimately made the new Library a reality. He is featured on the historic marker which is permanently installed outside of the Library.

We are proud to serve our community both in and out of the courtroom!

Congratulations, Ken!

South Florida Personal Injury Lawyers Obtain $4.4 Million Settlement Against Post-Hurricane Wilma Contractors after Pedestrian Survives Being Run Over by a Bucket Utility Truck but Sustains Severe Leg Injuries

March 29, 2012

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The trial team of Kenneth A. Cutler, Esq. and Jeffrey D. Kirby, Esq. from the South Florida personal injury law firm of Goldman, Daszkal, Cutler, Kirby & Galsterer recently obtained a $4,435,000 settlement for 27-year-old Daniel Lima who was struck by a bucket utility truck while he was walking on a sidewalk toward the Riva Yamaha showroom on Dixie Highway in Pompano Beach, Broward County, Florida. The truck was owned by Pro-Tech Building Systems, LLC, and was operated by Michael Honeycutt, an unlicensed driver working for Pro-Tech Building Systems doing Hurricane Wilma restoration and repairs for Bellsouth Telecommunications/AT&T, through one of its master contractors, Gregory Electric Company, Inc.

After the bucket truck crashed into another vehicle, it ran off the road, struck Mr. Lima, and ultimately slammed into the side of the Riva Yamaha building. Later it was discovered that the bucket utility truck was being operated with a bungee cord wrapped around the steering column and affixed to the brake pedal. Mr. Honeycutt testified that his foot became entangled in the bungee cord when a car pulled out in front of him and he tried to brake. Instead of applying the brakes, Mr. Honeycutt hit the accelerator, resulting in Mr. Lima's catastrophic leg injuries. Mr. Lima suffered extensive lower leg injuries, and he required multiple surgeries using external fixators followed by rodding in order to save his legs.

The defendants alleged that Mr. Honeycutt was an independent contractor and denied liability. Mr. Lima's case was settled after a Florida judge ruled that the Master Contract entered into between Bellsouth Telecommunications/AT&T and Gregory Electric Company, Inc., which required all persons doing Bellsouth work to be agents and/or employees of Gregory Electric Company, applied to the restoration work conducted in Florida. The ruling was based upon a factual finding that the Master Contract's descriptive numbers were referenced in all of the Florida subcontracts and thousands of invoices sent to Bellsouth during the several month long project undertaken by Gregory Electric Company and its subcontractors.

In addition to his claim for vicarious liability, Mr. Lima also contended that Gregory Electric Company was directly negligent for failing to comply with very specific safety requirements set forth in its own Safety Manual regarding the hiring and supervision of its subcontractors. Mr. Lima was able to prove that the Safety Director for Gregory Electric Company never even came to Florida during the project and did not implement or enforce any of the detailed Safety Manual requirements, many of which may have prevented the crash.

This settlement represents another multi-million dollar accident injury recovery by the trial lawyers of Goldman, Daszkal, Culter, Kirby & Galsterer. The firm is based in Deerfield Beach, Broward County, Florida and has secured millions of dollars in auto accident, slip and fall, wrongful death, nursing home abuse, premises liability, and defective product awards for its clients since the firm's inception in 1990.

For more information regarding the firm and its attorneys visit their website at www.goldmandaszkal.com.

Distracted Florida Drivers: The Dangers of Texting and Cell Phone Use While Driving

January 24, 2012

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Distracted Driving/Texting While Driving and the Law:

There have been many attempts to create legislation that would limit the use of cell phones while driving. The proposed legislation has varied everywhere from partial use to a complete ban. According to a study conducted by Nationwide, 8 out of 10 drivers support some type of cell phone usage restriction. Also, with new and increasingly standard safety options such as OnStar, cell phone use for emergency situations may not even be necessary.

Distracted Driving Statistics:

The University of Utah conducted a study that revealed that driving while distracted from cell phone use, whether hand held or hands free, extends a driver's reaction as much as having a blood alcohol concentration at the legal limit of .08%. And according to a study conducted by Virginia Tech/NHTSA, the number one source of driver inattention is use of a wireless device. This would make sense given Carnegie Mellon's study which found that the amount of brain activity associated with driving is reduced by 37% when using a cell phone. In addition, texting while driving can take away all of a driver's attention by making them lose eye contact with the road and by restricting the use of either one or both of their hands.

A NHTSA, Insurance Institute for Highway Safety study revealed that drivers that use cell phones are four times as likely to get into crashes that are serious enough to injure them. This goes hand in hand with the most recent Florida Traffic Crash Statistics that indicate that thousands of drivers in Florida are injured and between 7-15 people are killed due to distracted driving per year.

A Nationwide statistic states that 10% of drivers between the ages of 16-24 are on their phone at any given time. In addition, distracted driving is a factor in 25% of police reported crashes. If you think about it, this statistic likely does not account for all of the people who deny or fail to report that they were distracted prior to their crash.

The obvious conclusion is that cell phone use while driving is dangerous and can lead to serious injury or death. While it is a good idea to have a cell phone for emergency situations, driving while talking or texting on your cell phone may not be a good idea. People injured in an automobile accident caused by a driver who was distracted due to cell phone use can most likely recover for their injuries. Contact an experienced South Florida personal injury attorney to discuss your rights.

Florida Office of Insurance Regulation Using Inaccurate PIP Data to Encourage Changes in Law

December 9, 2011

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The concern over PIP insurance fraud has been a hot topic in recent politics. Generally, the consensus is that it's a problem that needs to be fixed. In order to assess the problem more accurately, the Florida Office of Insurance Regulation (OIR) conducted a report. Although studies involving this issue need to be conducted, a recent study found that the data OIR relied on was potentially faulty.

Several flaws in automobile insurance fraud data were found in the recently released Personal Injury Protection (PIP) In the State of Florida Evaluation of Data Collected by the Florida Office of Insurance Regulation (OIR) in Response to April 2011 Data Call. Among some of the issues is the fact that this year's OIR report on PIP fraud used information from only one insurer, and generalized it in an attempt to make it look like it was a state-wide reflection of insurance premiums. In addition, the OIR used voluntary information from insurers, which was unaudited, they included rate increases that were unconfirmed at the time it was included in the report, they used inaccurate methods of comparing PIP insurance premiums, and they didn't adjust for inflation (or time value of money) differences when they compared the costs of PIP claims over a period of 5 years (between the fourth quarter 2005 and the third quarter 2010). The result of these inaccuracies is that data becomes skewed and the severity of the situation becomes exaggerated.

Many Floridians are concerned about the rising problem of insurance fraud. Not only is insurance fraud a crime, but it also results in increased premiums for policy owners. The Florida Consumer Action Network (FCAN) is an organization that promotes democracy in matters involving the economy, politics, society, and the environment. Although FCAN agrees that PIP insurance fraud is a problem, they believe that regulators who are too influenced by the insurance industry are going about it the wrong way. The most recent and concrete proof of this is the newly released OIR report, which FCAN is claiming relied on faulty data.

FCAN stands by the premise that "the right to trial by jury and access to counsel are important tools for consumers to stand up to corporations." Insurance fraud may be a rising problem, but for the insured who are truly injured because of an automobile accident, it is important that their rights to a trial by jury and access to counsel are preserved.

After FCAN released their concerns over OIR's reliance on faulty data, OIR released a report claiming that they were standing by their findings. The short-sighted view focuses on immediately slashing insurance premiums, while a long-term outlook focuses on a thoughtful approach to changes in legislation which will eventually result in lower incidences of PIP insurance fraud and in turn, lower premiums for Floridians. In addition, a look at how law enforcement handles suspected incidences of insurance fraud may be warranted.

With the economy in a slump, many Floridians are looking to cut costs wherever they can, but relying on faulty data and agreeing to hasty changes can result in long-term problems. We're not looking for a band-aid. More accurate studies should be conducted in order to allow for a more educated discussion on PIP reform.

Florida Laws on Carbon Monoxide Safety and Alarms

November 11, 2011

According to Florida Statute 553.885, every separate building or addition to an existing building, which has:

  • a fossil-fuel-burning heater or appliance,
  • a fireplace,
  • an attached garage, or
  • other feature, fixture, or element

that emits carbon monoxide as a byproduct of combustion shall have an approved operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes in the new building or addition. This statute also includes special rules for hospitals and similar buildings such as, an inpatient hospice facility or a nursing home facility licensed by the Agency for Health Care Administration.

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In order to satisfy the requirements of this Florida statute, a hard-wired or battery-powered carbon monoxide alarm or combined carbon monoxide and smoke alarm, must be installed. A carbon monoxide alarm is defined as, "a device that is meant for the purpose of detecting carbon monoxide, that produces a distinct audible alarm, and that meets the requirements of and is approved by the Florida Building Commission." Fossil fuel is defined as, "coal, kerosene, oil, fuel gases, or other petroleum or hydrocarbon product that emits carbon monoxide as a by-product of combustion."

Florida Statute 509.211 covers the safety regulations regarding carbon monoxide.

What is Carbon Monoxide?

According to the US Consumer Product Safety Commission, carbon monoxide is a deadly, colorless, odorless, poisonous gas. It is produced by the incomplete burning of various fuels, including coal, wood, charcoal, oil, kerosene, propane, and natural gas. Product and equipment powered by internal combustion engines such as:

  • portable generators,
  • cars,
  • lawn mowers, and
  • power washers

also produce carbon monoxide.

Carbon monoxide poisoning is not something to be taken lightly. The Centers for Disease Control and Prevention state that every year, more than 400 Americans die from unintentional carbon monoxide poisoning. In addition, more than 20,000 people visit the emergency room, and over 4,000 people are eventually hospitalized because of carbon monoxide poisoning.

People most at risk for carbon monoxide poisoning are:

  • people who are 65 and older (fatality is the highest among this group of Americans),
  • unborn babies,
  • infants,
  • people with chronic heart disease,
  • people with anemia, and
  • people with respiratory problems

Symptoms of Low to Moderate Carbon Monoxide Poisoning:

  • headache
  • fatigue
  • shortness of breath
  • nausea
  • dizziness

Symptoms of High Carbon Monoxide Poisoning:

  • mental confusion
  • vomiting
  • loss of muscular coordination
  • loss of consciousness
  • ultimately death

If you are experiencing any of these symptoms and/or suspect that you or a loved one has carbon monoxide poisoning, call 911 immediately!

Continue reading "Florida Laws on Carbon Monoxide Safety and Alarms" »

A Discussion About South Florida Premises Liability Laws

November 4, 2011

There are many occasions in which a person is injured on property other than their own and they don't know that the owner of the property may be liable to them for compensation for their injuries. Common types of injuries that may occur are slip and falls, trip and falls, injuries caused by inadequate maintenance, injuries caused by defective conditions, and injuries caused by inadequate security.

Slip/trip and fall injuries are exactly what you think they are: you were walking in your favorite store or restaurant when all of a sudden, unbeknownst to you, there was a slippery substance on the floor, or a bump in the carpet, that caused you to fall and injure yourself. If this happens to you, it's important to contact the appropriate store personnel and file an incident report with them for documentation. Make sure you get a copy! And of course, as in any situation, if you are seriously injured, make sure to seek medical attention immediately.

Injury due to inadequate maintenance is when a property owner's failure to properly maintain their premises causes injury to the public. This could be anything from falling branches to gnarly vines that trip you. It could also be dangerous debris left unattended, broken elevators, or when merchandise stacked high above the ground at a big box retailer is improperly stowed, causing you injury when it comes crashing down.

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Injury caused by defective conditions is when a property owner fails to repair or warn the public of a dangerous condition on the premises. These dangerous conditions are usually hidden, in that you would not be able to readily determine that the condition was dangerous just by looking at it. An example would be loose paver stones or a loose rail on a balcony: you may not have been able to see that the rail was loose, but upon leaning on it, the rail broke, causing you to fall off of the balcony and seriously injure yourself.

Injury due to inadequate security is when a property owner fails to take proper precautions in making sure to mitigate the likelihood of the public's injury from dangers that are foreseeable to the property owner. An example would be when a property owner fails to install adequate security devices such as gates, locks, or lighting; or when a property owner fails to warn patrons about dangerous criminal activity taking place on the premises.

It's important to understand that if you're injured on someone else's property, there is a chance that the property owner or its tenant (whether individual or business) may be liable to you under premises liability law. If the property owner or tenant owes you a duty of care, and if they breached that duty of care, then they're liable to you and you can recover for your out of pocket expenses, as well as for your pain and suffering, future medical care costs, lost wages, and any other damages recoverable under the laws of the State of Florida. If something like this happens to you or a loved one, please contact a South Florida personal injury lawyer in order to know your rights.

Food Poisoning Cases on the Rise in South Florida Caused by Salmonella and Listeria

October 28, 2011

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Salmonella and Listeria
According to WebMD, every year in the United States, approximately 40,000 cases of salmonella food poisoning are reported. It is also postulated that many milder cases are not diagnosed or reported, and because of this, the actual number of salmonella food poisoning cases may be 30 or more times greater. Young children, older adults, and people with impaired immune systems should be especially wary of salmonella food poisoning, as they are susceptible to getting the most severe infections. Symptoms from salmonella poisoning develop 12 to 72 hours after infection, and the illness usually lasts 4 to 7 days.

Similarly, cantaloupe was recalled due to listeriosis, which is a rarer form of food poisoning. Less common than salmonella, in the United States, approximately 2,500 people become seriously ill from listeriosis per year. Listeriosis affects mainly pregnant women, newborns, the elderly, and adults with impaired immune systems. Listeriosis can be most frightening for pregnant women, as it can result in miscarriage, premature delivery, serious infection of the newborn, or even stillbirth. Babies can be born with listeriosis if their mothers ate contaminated food during pregnancy. Because listeriosis is less known than salmonella, it is important to know the source of it. Listeriosis is found in soil and water, which means that it can be found in vegetables, animal products (meat and dairy), processed foods (soft cheeses and cold cuts), and unpasteurized milk or foods. If you fall under any of the categories of people most susceptible to listeriosis, then it would be wise to avoid these types of foods. Of course you don't want to cut out all vegetables, so an alternative would be to pay close attention to all food recall warnings. Both salmonella and listeriosis result in flu-like symptoms. If you suspect that you have a severe case of food poisoning, contact your healthcare provider immediately.

Food Poisoning and the Law
It is often difficult to prove liability in cases of food poisoning because of a number of potentially extenuating circumstances. It is important to try and determine the exact source of the food poisoning, the type of food poisoning, and the extent of the food poisoning. Because of the delay in symptoms, especially with salmonella, it is often difficult to pinpoint exactly what caused the illness. It is important to understand that becoming sick immediately after eating something does not point to salmonella or listeria poisoning. It is more likely that you became ill over something that you ate 12 to 72 hours before. It is necessary to have damages in order to sue for food poisoning. This means that you underwent medical treatment, lost wages from missed work due to your illness, and additionally, if the defendant was particularly careless, you may also be able to obtain punitive damages. It should be noted that a stomach bug that lasts for an hour or so will not be enough to justify bringing a lawsuit for damages. Documentation outside of your own medical records are often difficult to produce, however, an experienced South Florida personal injury lawyer can help you prove the source of the food poisoning, or determine the most likely source through the use of expert witnesses.
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Food Poisoning in the News
Lately, there have been a number of food recalls in Florida. More specifically, cantaloupe, spinach, bagged salad and frozen egg product top the charts. On October 27, 2011, American Egg Products of Blackshear, which distributes and sells 5 pound cartons of frozen egg product to Georgia and Florida food manufacturers, recalled cases marked "Lot # 272-1." This marking can be found printed across the side of each case and embossed on the end of each individual 5 pound egg carton. As with the bagged salad recall earlier this month, salmonella was detected through routine sampling.

Do Florida Drivers Have Enough Automobile Insurance?

October 21, 2011

494499_piggy_bank_-_dollar.jpgIt's not something that anyone wants to think about, but the possibility of getting into a car accident in the State of Florida is extremely high. According to the most recent Traffic Crash Statistics Report conducted by the Florida Department of Highway Safety, there is an average of 645 crashes a day. In addition, in 2009, Florida ranked #3 in the United States for annual fatal car accident costs, spending $3.16 billion a year. This does not include costs for non-fatal car accidents.

So what does this mean for you? Even if you consider yourself the safest driver on the road, you still can't predict what other drivers may do. If you're injured in a car accident and you aren't sufficiently insured, you may be personally responsible for whatever expenses can't be covered by your insurance company. Furthermore, if you are involved in a car accident with someone that doesn't have enough insurance or none at all, or if you are at fault for the car accident and you are uninsured or underinsured yourself, you will be held personally responsible for all of your expenses plus all of the other party's expenses. Expenses can include anything from fixing your car, to any hospital or medical bills incurred, as well as any lost wages.

Because of the economic downturn, Americans are reevaluating their expenses and trying to save where they can. Automobile insurance, however, should not be one of these cuts! The most practical advice would be to buy as much car insurance as you can afford. But what is enough when it comes to car insurance?

In the State of Florida, if you own an automobile with a valid Florida license plate, you are required to have a minimum coverage of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). Although this is the minimum state requirement, it is strongly recommended that you purchase more PIP and PDL coverage as well as tack on coverage for accidents involving uninsured or underinsured motorists. Once again, if you're involved in an accident with someone who is uninsured or underinsured, you will be responsible for all of your expenses! Therefore, be sure to add uninsured motorists coverage, also known as UM, to your automobile insurance policy.

If you don't currently have UM on your policy, you should call your insurance company today and ask them to add it on. If you're not sure if you have enough insurance coverage, you can call a South Florida lawyer and ask them for a free evaluation of your insurance policy. Go out and drive with peace of mind, but please remember to be safe and buckle up!

Police Officers in Boca Raton Lift Car to Save Child

October 17, 2011

School pick-up/drop-off and carpool areas can be especially dangerous for children and parents who do not pay attention to oncoming traffic. The Palm Beach County injury attorneys from the Law Offices of Goldman & Daszkal, P.A. would like to recommend that you assist your children in safely exiting and entering your vehicle before and after school. This can avoid the unfortunate circumstances which unassuming drivers and children may present. Another way of avoiding these unfortunate accidents is to have your children exit and enter your car from the side opposite of traffic, thereby avoiding their need to step in front of oncoming traffic. If there is an available sidewalk, then having your child(ren) exit and enter your car from that side is also preferable.

In their heroic effort to save an endangered child, Boca Raton Police Officers were successful in lifting a car and pulling out the child that was pinned underneath.

According to various news sources, the 6 year old boy tripped and fell in front of an oncoming car and was run over. The boy was taken to Delray Medical Center for his punctured lung, and to have his ear surgically reattached.

A Discussion of DUI Manslaughter Charges in Florida

October 14, 2011

Save a Life, Drive Sober
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Manslaughter is defined as the unlawful killing of a human being without malice aforethought. Malice aforethought basically means, "premeditated." According to Florida Statute 316.193, driving under the influence of drugs or alcohol is a punishable crime in itself, however, manslaughter while driving under the influence (DUI Manslaughter) is a second degree felony and is punishable by a fine of not more than $10,000 and/or 15 years imprisonment.

Recently, 39 year old James Franklin Clark, Jr. was convicted of DUI manslaughter on September 15th and is scheduled for sentencing on October 21st.

According to the Sun Sentinel, After drinking multiple Crown Royal and Cokes at a local Boca Raton sports bar, the defendant attempted to drive home, but while on his way, he struck the victim's vehicle. The victim died at the scene of the crash.

James Clark, Jr. faces up to 15 years in prison; another tragic reminder to never drive while under the influence of drugs or alcohol.

The attorneys at the Florida injury law firm, Goldman & Daszkal, P.A., offers their condolences to the victim's family and friends.

Florida County Tired of Insurance Fraud Passes Ordinance Targeting Local Pain Clinics

October 12, 2011

673264_hammer_to_fall.jpgHillsborough County, Florida (Tampa area), just passed an ordinance on September 21st by a unanimous vote. The ordinance targets pain clinics that focus on treating primarily PIP (personal injury protection) patients. In addition to targeting pain clinics, the ordinance was also intended to help stop Florida automobile insurance fraud procured through staged accidents and the like.

This is the first county in Florida to take insurance fraud matters into their own hands; but it's no surprise why. Hillsborough County Commissioner, Kevin Beckner rattled off some pretty staggering statistics. Apparently, Hillsborough County is paying $15.5 million in higher premiums because of insurance fraud. That breaks down to about $350 in higher premiums for each resident in that county. Many residents can no longer afford to pay the rising premiums, and insurance agencies are closing their doors because of their dwindling client-base.

Now that this ordinance is in effect, all clinics that treat or provide therapy to patients who claim to have received their injuries from a Florida car accident will need to be licensed. This license will cost clinics $2,000 up front ($500 application fee and $1,500 annual fee), and $1,500 for subsequent years. There are a number of requirements under this ordinance that physicians and clinics must comply with. The penalty for not complying with the clinic license requirements is up to 60 days in jail and a $500 fine. In addition, any physician whose license has been revoked will be prevented from running another clinic for 5 years.

Governor Rick Scott estimated that because of the widespread PIP fraud and abuse, every Florida driver is paying a $500 annual penalty, which is an $800 million tax on Florida consumers. There has been a lot of tension revolving around the reformation of PIP laws in the state of Florida. It should be interesting to see if this ordinance creates the desired affect and if the rest of the state follows suit.

Are Motorcyclists Required to Wear a Helmet in Florida?

October 7, 2011

1016169_speed_of_motorcycle.jpgAccording to Chapter 316.211 of the 2011 Florida Statutes, a person may not operate or ride upon a motorcycle as a passenger unless the person is properly wearing protective headgear securely fastened upon his or her head. In spite of that, a person over 21 years of age may operate or ride upon a motorcycle as a passenger without wearing a helmet if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.

So if you have a car with automobile insurance, does this mean that you are covered for any injuries or damages occurring from an accident involving your motorcycle? The short answer is, "No." In the State of Florida, your motorcycle is not covered under the Personal Injury Protection (PIP) portion of your automobile insurance policy. If you are a motorcycle owner and you want to be covered by your automobile insurance, you will have to purchase additional medical benefits through your insurance company. If you are 21 years of age or older and you want to ride your motorcycle without a helmet, then you will need to purchase at a minimum, an additional $10,000 in medical benefits through your insurance company or through another insurance company.

Common sense dictates, however, that even if you are at least 21 years of age and have the requisite insurance coverage, you should still wear your helmet when operating a motorcycle in order to prevent serious head injury or even death. According to the most recent study conducted by the Florida Department of Highway Safety, every year, in the State of Florida, there are approximately 400 motorcyclists killed, 26 motorcycle passengers killed, 8,000 motorcyclists injured, 800 motorcycle passengers injured, and 9,000 motorcycle crashes!

Because of this, it would be prudent to include, in addition to the minimum insurance coverage required, uninsured/underinsured motorists (UM) coverage to your insurance policy. Although your PIP won't kick in if you are injured in a motorcycle accident, your UM will! Also, if you're involved in an accident with someone who is uninsured or underinsured, and you don't have UM coverage on your insurance policy, you will be responsible for all of your expenses! Adding UM coverage to your insurance policy could be the difference between being personally responsible for all of your medical expenses or potentially having them completely covered! After all, isn't that the reason you purchase insurance anyway?

If you are a motorcycle owner and you are over the age of 21 and don't have at least an additional $10,000 in medical benefits through your insurance company as well as UM coverage, you should call your insurance company today and ask them to add it on. If you are not sure if you have enough insurance coverage, you can call a South Florida motorcycle accident attorney and ask them for a free evaluation of your insurance policy. Go out and drive with peace of mind, but please remember to be safe and wear a helmet!