Insurance

Uber Gun Policy

July 7, 2016 | Wolfson & Leon

Miami police arrested an Uber driver in Coconut Grove for selling narcotics based on a tip. The law enforcement officers were engaged in an anti-gun violence operation. They received a tip and arrested the Uber driver at a convenience store on Grand Avenue. The driver was also in possession of a gun.

One question Miami personal injury lawyers face is whether Uber drivers and riders are legally allowed to carry a handgun when using the Uber app. The official Uber policy states: “Uber Firearms Prohibition Policy – Our goal is to ensure that everyone has a safe and reliable ride. That’s why Uber prohibits riders and drivers from carrying firearms of any kind in a vehicle while using our app. Anyone who violates this policy may lose access to Uber.”

Since Uber, Lyft and other ride-sharing transportation networks are privately held companies, they can uphold their Firearms Prohibition Policies. But in reality such prohibitions are unenforced until after something tragic or horrific happens.

Insurance Companies Blame Rate Hikes on Low Unemployment

May 22, 2016 | Wolfson & Leon

Lynne McChristian of the Insurance Information Institute recently told the Miami Herald that auto insurance rates are rising because of the drop in the unemployment rate as the main reason. “It’s an unintended consequence of low unemployment,” she said. “You have more people with jobs to go to.” That’s a new one for Miami car accident lawyers and their personal injury clients.

Four years ago, the Florida Legislature allegedly reformed the PIP (Personal Injury Protection) laws. As part of the reform deal, our insurance rates were supposed to drop. Car insurance rates dropped after the 2012 changes by 0.2% in 2013-2014. But in 2015-2015 those rates increased by 13.8% according to the Florida Department of Insurance Regulation.

Since January 2015, the insurance companies have raised automobile insurance rates an average of 15%. In fact Allstate has increased its PIP rates by 40 %.

Ms. Christian claims that average PIP claim in the last quarter of 2015 was $8280 which is close to the average in 2011 of $8,520 before the PIP reforms were instituted. Of course the insurance companies claim fraud is driving the rates higher in spite of the fact that these same insurance companies pushed through the reforms they wanted.

Insurance Company Statistics are Like Bikinis

Aaron Levenstein once said “Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital.” Insurance companies are experts in using statistics to move their agenda

The Best Way to Settle Car Crash Claims With Small Policy Limits in Miami

April 22, 2016 | Wolfson & Leon

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If you are in a car crash in Miami, an immediate concern is whether the other driver has any insurance at all. If they do, then the question becomes just how much insurance is there. The amount of the policy limits may well determine whether your claim gets settled.

Insurance policy limits are usually offered in single and aggregate limits. There is a single amount that any one person can claim. Then there is a total amount that the insurance company will pay for any one accident no matter how many claims are made. For example, policy limits could be listed as 10/20. This means that the insurance company could pay up to $10,000 for one person’s claim. If the car crash involved five people, then the insurance company would pay no more than $20,000 for any claim made. If all five people were injured, no one would get more than $10,000 and the insurance company would pay no more than $20,000 total for the car crash claims.

In cases where there is a potential of multiple claims and small or low policy limits, an insurance company should hold a “global” settlement conference. All individuals with possible claims should be invited. The conference should be held as quickly as possible. Typically, an insurance company attorney will conduct the meeting and tell everyone that they are there to resolve all or as many claims as possible. The claimants and their personal injury attorneys are then encouraged to reach an agreement as to how to divide the limited amounts of insurance. Insurance representatives usually attend these “global” settlement conferences with a checkbook and releases for the claims that can be settled. Lastly the insured person or persons are also invited to attend but they rarely appear.

CAN THE HOSPITAL TURN ME AWAY?

January 11, 2016 | Wolfson & Leon

Most people believe that if you go to an emergency room, they cannot refuse to treat you. That is not entirely true. Consider the case of the late Barbara Dawson. She died after being forced to leave an emergency room in handcuffs.

Barbara Dawson went to Calhoun Liberty Hospital in Blountstown, Florida. She sought treatment for breathing problems. Dawson was examined and discharged by the physicians. She refused to leave because she was still in pain even though the hospital staff said she was medically stable to leave. Police were called to the emergency room and she was charged with disorderly conduct and trespassing. Dawson was escorted out of the hospital in handcuffs. She collapsed as she arrived at the officer’s car. Dawson was readmitted to the emergency room. She was pronounced dead about an hour later. The Florida state medical examiner ruled that she died from natural causes due to a blood clot in her lung. Dawson’s family has retained counsel to file suit against the hospital and others who may be responsible for Dawson’s death.

In a case such as this, the attorney will investigate whether negligence or medical malpractice took place and whether it caused Ms. Dawson’s death. The investigation will include a review of her medical history as well as her care and treatment. The policies and procedures of the hospital will also be examined. One question will be whether this was an isolated incident or is it a systemic failure. If the policies and procedures place patients at risk then the danger zone extends well past Ms. Dawson.

M.I.S.T – MINOR INJURY SOFT TISSUE CLAIMS

November 23, 2015 | Wolfson & Leon

Insurance companies classify injury claims for evaluation and efficiency. One of the main categories are MIST (Minor Impact Soft Injury) or LIST (Low Impact Soft Tissue) claims. Once a claim is designated as a MIST claim, the insurance company will set a value based on other MIST claims and rarely increase the offer unless there is a significant and serious change in the facts of the claim.

M.I.S.T – MINOR INJURY SOFT TISSUE CLAIMS Jonah Wolfson Miami

One of the goals of an insurance company is efficiency. It is how they maximize their profits. Think about how insurance companies encourage or reward you for going online to self-service your policy and premiums. Every time you handle your insurance issues online, you are not costing the company any employee time – and time is money.

By classifying cases insurance companies, reduce your claim to simple numbers. There is no consideration of the shock, pain or emotional toll caused by the accident as it is irrelevant to the insurance company. They can give a young claim representative hundreds of MIST claims with talking points and marching orders to handle all of the claims the same way.

WHY DO I HAVE TO SIGN A RELEASE?

November 16, 2015 | Wolfson & Leon

If you settle your personal injury claim, you will need to sign a release to get the money. A release basically means that you are releasing, or letting go, your claims against the responsible party. In a car accident, that usually means the owner and operator of the other vehicle as well as their insurance company. In a slip and fall injury, it would be the property owner. In a medical malpractice case, the doctor and possibly the hospital would want a release in exchange for a settlement.

Releases are covered by basic contract law. There is an offer to settle and, if agreed, an acceptance of that offer. But there must be what is called a “meeting of the minds” which means that the terms of the offer and acceptance must be agreed to by both parties. If the acceptance does not match or “mirror” the offer, then there is no agreement.

In a recent Florida case, the importance of having a “meeting of the minds” was clearly demonstrated. After a car accident, the injured party offered to settle her claim against the other driver for his policy limits with USAA Insurance Company. In addition, she offered to release her claims against the other driver. However, her attorney specifically advised USAA that she would not sign a release containing a hold harmless agreement nor an indemnity agreement. The attorney also warned USAA that any attempt to release anyone other than the other driver would act as a rejection of her good faith offer to settle.

CHIROPRACTOR WINS $14.5 MILLION AGAINST GEICO

November 9, 2015 | Wolfson & Leon

A chiropractor and his wife were awarded $14.5 million in their lawsuit against GEICO in Miami-Dade County. The jury’s verdict was based on a December 2004 highway collision with an uninsured motorist. Dr. David Zucker and his wife filed their lawsuit in 2006 and finally received their verdict over 9 years later.

The jury found in favor of Dr. Zucker and awarded him damages for:

$767,740.00 in Past Lost Wages: The amount of money he lost as income because of the crash

JURY SAYS GEICO FAILED

October 29, 2015 | Wolfson & Leon

A jury told GEICO to pay $9.6 million because it failed to help its own policyholder settle a claim following a fatal accident. When an insurance company pays its policy limits that does not settle the case. Insurance companies have to try to get a release for its policyholder whenever it can. That is the duty it owes to the people who pay for their insurance.

James Harvey was insured with GEICO with $100,000 policy limits. He had crashed his Hummer into motorcyclist John Potts and killed him. GEICO sent a check for the $100,000 policy limits to the attorney who represented Mr. Potts’ estate. The estate’s attorney properly requested GEICO to make Mr. Harvey available to answer questions about any other assets he might have to compensate the estate. GEICO said no and advised Mr. Harvey to not give a statement.

The GEICO adjuster ignored the estate’s attorney. If GEICO had allowed and encouraged Mr. Harvey to provide asset information to the estate attorney, then the estate would have executed a release for the $100,000 policy limits. After weeks of no response from GEICO, the estate filed a wrongful death lawsuit against the GEICO insured and obtained an $8.47 million verdict against Mr. Harvey.

Car Accident Lawyer in Miami Discusses Impact of Personal Injury Claim on Insurance Rates

October 16, 2015 | Wolfson & Leon

If you’ve been in a car accident, you may find yourself facing additional new expenses and financial burdens. Accident survivors may have to shoulder new medical expenses, rehabilitation costs, and may even miss time at work. They may have to repair or replace a car that has been damaged or totaled. On top of all these new concerns, accident victims may also worry that their auto insurance rates will rise.

Concern about auto insurance rate increases are legitimate, especially in Florida. According to the Palm Beach Post, Florida is among the top ten most expensive states for auto insurance. One of the main reasons why Florida’s auto insurance rates are so high is due to the fact that Florida requires individuals to have Personal Injury Protection insurance. This insurance pays for medical expenses for injuries sustained in an accident.

It is difficult to predict if, or by how much your auto insurance may go up after you’ve been in an accident. But, it is important to understand that a personal injury claim could protect you from having to shoulder additional expenses and it can also help establish negligence in court. If you were not negligent in an accident, not only is the other driver responsible for expenses, but the likelihood that your insurance will significantly rise following the accident decreases. Whether your insurance goes up after an accident depends largely on complex algorithms used by insurance providers, which take into account everything from driving history, your location, credit history, and who was at fault in an accident if an accident has taken place.

DEFENSE EXPERTS PAID $700,000 BY INSURANCE COMPANIES

October 16, 2015 | Wolfson & Leon

Insurance companies spend incredible amounts of money to experts who regularly testify at trial. In Miami car accident cases, these experts are usually board certified orthopedic surgeons or neurologists who testify for insurance companies on a regular basis and at tremendous financial gain. However, a skilled trial attorney can expose the bias of these well paid experts and that can make all the difference in the result obtained.

The Florida Evidence Code allows any party to attack the credibility of a witness by showing the witness is biased. Florida law permits evidence of any potential bias between a party and an expert. This evidence extends to a defendant’s law firm or even the employer of that lawyer.

In Vazquez v Martinez, the court allowed evidence that proved the defendant’s experts had been paid nearly $700,000 over a three year period by the defense or its agents. The court explained: “Whether the party has a direct relationship with any of the experts does not determine whether discovery of the doctor/law firm relationship or doctor/insurer relationship is allowed. The purpose of the rule is to expose any potential bias between a party and an expert.”