South Florida Injury Lawyer Blog

If you are worried about a life insurance issue, then it means you are going through a difficult time. The last thing in a reasonable persons mind would be worrying about life insurance benefits in times of crisis. However, if you are or think you are the beneficiary of a life insurance policy in Florida it is important to be on top of such issues. As South Florida life insurance attorneys we have encountered many cases where it is not clear who the beneficiary is. If this is your case, then it is paramount that you contact an attorney as soon as you can. This is the sort of case where it is necessary to move quickly both on your part and that of the attorney.

The insurance company needs to know who is making a claim for the benefits. If the insurance company is unaware that there is a possible claim, then it may inappropriately disburse the funds or benefits. Matters become much more complicated once the funds are disbursed. If there is debate as to who the beneficiary of policy is or who is entitled to the funds, then it is very important to retain or consult with an attorney immediately. It is understandable that individuals in such a situation are concerned with attorney's fees. However, this is a matter that should not be handled alone. As South Florida life insurance beneficiary lawyers we know how to handle such situations and get the best results for our clients. If an insurance company is stating that it is taking time to review your claim, then it is time to hire an attorney. Here an attorney can curb an insurance company from funds being disbursed in erroneous manner. If an insurance company is not responding to you, then it is time to hire an attorney. An attorney will find a way to make your claim known to the insurance company and will make sure that they respond accordingly.

There are ways to avoid these situations. Primarily, if you are a beneficiary of a life insurance policy, then it wise to make sure that it is clear who the primary beneficiary of a policy is. If the beneficiary of an insurance policy is changed, it is wise to make sure that the change of beneficiary form is prepared with care and submitted per the terms of the policy. Thus, before submitting a change of beneficiary form it is wise to read the policy carefully. It is probably best to do this with an attorney's assistance to avoid any unnecessary errors or mistakes. Many times change of beneficiary forms are submitted during times of despair and lapse of judgment, and thus are not submitted in an appropriate manner.

Continue reading "Why You Should Not Wait to Hire a South Florida Life Insurance Attorney " »

As South Florida car accident attorneys we know that herniated discs are a common injury resulting from vehicular collisions. Spinal discs act like pillows or cushions between the vertebrae of the spinal column. The spinal column is made up of the cervical (neck), thoracic (mid-back), and lumbar (lower back) regions. The actual discs are made of a gelatinous substance that may leak if sufficient trauma is exerted onto it. At times this leaking or extrusion may impact a nerve root. This pressure on the nerve root can provoke substantial pain and discomfort.

The location of the pain depends on where the disc herniation(s) occurred. For example, if the herniation occurred in the cervical areas, then it will likely be felt or radiated in the arm area. If the herniation occurred in the lumbar region, then the pain is likely to radiate or be felt in the legs. It should be note that these injuries are rarely diagnosed in the emergency room. This is an important point to keep in mind in Florida.

The new PIP law in Florida requires that an emergency medical condition ("EMC") exist in order to have full access to $10,000 in benefits. Otherwise, the insured will only have access to $2,500 worth of medical treatment. It should be noted that the new PIP statute is in flux now as it is being challenged in Florida Courts. However, at this time the new PIP statute still has the EMC prerequisite for full access to $10,000. Also of note, the Florida legislature considered repealing this recently passed law altogether and make it a requirement for drivers to carry bodily injury coverage instead. This idea seems to have been scrapped for now. This is probably because insurance companies still desire to sell PIP coverage as it remains a profitable market for them.

The problem is that herniated discs are not commonly diagnosed in emergency rooms. Most emergency rooms take x-rays which are ineffective in detecting herniated discs. As Miami personal injury attorneys we know that the most effective mechanism to detect herniated discs are magnetic resonance imaging (MRI) , discography, myelography, and electromyography. However, none of these named diagnostic mechanisms has the capacity to measure pain. This is ultimately a subjective matter. There is no nexus between the gravity of herniation and the pain that it causes.

Of course, clients always ask about the degree of compensation when it comes to herniated disc injuries. The compensation is contingent on factors such as the nature and extent of the injury, wage loss, medical expenses (future and present), pain and suffering, loss of consortium, etc. Insurance companies always look to argue points on degenerative issues, preexisting conditions, previous accidents (if any), and force of impact. They often argue that small impacts are unable to cause acute herniated discs.

Continue reading "Herniated Disc Injuries due to Car Accidents in South Florida" »

We have written previously about House Bill 909 and how it will limit the ability of Florida Homeowner's to mitigate damages and assign contractual rights. There has been little if no media coverage on this matter and we felt compelled to shed some more light on the subject. We would like to encourage media outlets to look into this subject more closely. This is an issue that profoundly affects Florida homeowner's insurance claims. Florida homeowner's insurance is a complex and delicate issue in Florida due to the frequency of damage causing events in this State.

More worrisome is the fact that HB 909 passed the Insurance & Banking Subcommittee thirteen (13) votes to zero (0). You can see the votes below:
Y Broxson
Y Hager
Y Lee
Y Rader
Y Taylor
Y Caldwell
Y Ingram
Y Moraitis
Y Santiago
Y Tobia
Y Goodson
Y Jones, S.
Y Nelson
Total Yeas: 13
Total Nays: 0
Total Missed: 0
Total Votes: 13

It only took two (2) hours for this bill to get through the Insurance & Banking Subcommittee. Also, it should be noted that all members were present and voted in favor of the bill. Furthermore, Subcommittee offered a substitute version of the bill that is deeply worrisome to both Florida homeowners and public adjusters. The new language seeks to cap public adjuster's fees at 15% for non-emergency claims. HB 909 also includes a plethora of language that seems to be designed to circumvent public adjusters, for example;

1) The public adjuster must ensure that PROMPT notice is given to the insurer, the public adjuster's contract is provided to the insurer, the property is available for inspection of the loss or damage by the insurer, and the insurer is given the opportunity to interview the insured directly about the loss of the claim. The insurer must be allowed to obtain necessary information to investigate and respond to the claim.
2) The insurer may not exclude the public adjuster from its in-person meeting with the insured. The insurer shall meet or communicate with the public adjuster in an effort to reach agreement as to the scope of the covered loss under the insurance policy.
3) A public adjuster may not restrict or prevent an insurer, company employee adjuster, independent adjuster, attorney, investigator, or other person acting on behalf of the insurer from having reasonable access at reasonable times to any insured or claimant or to the insured property that is the subject of the claim.
4) The public adjuster representing the insureds may be present for the insurer's inspection, but if the unavailability of the public adjuster otherwise delays the insurer's timely inspection of the property, the public adjuster or the insureds must allow the insurer to have access to the property without the participation or presence of the pubic adjuster or insureds in order to facilitate the insurer's prompt inspection of the loss or damage.

As South Florida insurance attorneys we are well aware of the dangers the above language holds. It should be noted that these lawmakers are proposing that these provisions take effect on July 1, 2013. It is amazing how efficiently the legislature can move when they put their minds to it. In effect, the above language will almost render an Adjuster's services useless. The adjuster is there to protect insurer and present a claim to insurer. The adjuster cannot present a proper claim to insurer if he is to be disregarded and circumvented as the above language proposes. The insurer already has access to the insured through a recorded statement and also an Examination Under Oath (EUO). Any more access to the insured seems unnecessary and clearly excessive.

This bill also intends to prohibit post loss assignment of benefits under the policy. As mentioned in a previous blog this will force Homeowner's to pay repair bills out of pocket first and then be reimbursed later by the insurer. The problem here is that many homeowners buy insurance so they don't have to incur out of pocket expenses. Further, many of these repairs may be expensive and out of reach for common policyholders. This may have a counterproductive effect by producing more damage than necessary. Many homeowners will not have the financial capacity to properly contain a loss from getting worse.

HB 909 deserves much more attention and analysis. Links provided here can help others analyze and comment on HB 909. It should be noted that the legislature intends to pass this bill quickly given the time frame in which they want it to take effect (July 1, 2013). This gives opposing voices, homeowners, adjusters, and other interested parties little chance to comment and allow for dialogue on the matter.

Continue reading "How Florida Homeowner's, Public Adjusters, and Water Restoration/Mitigation Companies May be Affected by HB 909" »

As South Florida homeowner's insurance attorneys we understand the importance of keeping a close watch over actions taken by our State legislature. It is goes without saying that a particular emphasis should be had when dealing with bills pertaining to matters regulating the insurance industry. Although, in Florida it would be seem that many of the bills proposed by the legislature grant wider latitude to the insurance companies and regulate the insured instead. A pointed example of this policy is House Bill 909 ("HB 909") which states in part;

Any Homeowner's insurance policy may prohibit the assignment of rights or benefits under the policy, and a third-party beneficiary may not accept and assignment or recover against any policy that prohibits assignment. Any assignment of rights or benefits under a homeowner's insurance policy that prohibits assignment renders the coverage void.

The language here cannot be any plainer. This will basically allow an insurance company to absolutely prohibit an assignment of rights under the policy. Therefore, if you suffered a tremendous loss to your house and are unable to pay a restoration company to perform repairs and contain the loss, then you are out of luck. Insurance companies will argue that these monies can be recovered once a claim is resolved. However, the purpose of insurance is to provide monies to deal with such emergencies. The above cited proposed bill will only complicate matters for the insured. Ironically, most (if not all) Florida homeowner's and commercial insurance policies require that an insured contain a loss. This is called the duty to mitigate. The idea is that an insured should keep a loss or damage from getting worse. A typical Florida policy contains language similar to the following;

Duty After Loss.

You must see that the following are done in the event of loss or damage to covered property:

Protect the property from further damage. If repairs to the property are required, you must:
(1) Make reasonable and necessary temporary repairs to protect the property; and
(2) Keep an accurate record of repair expenses.

Well, the entire purpose of a remediation/restoration company is to protect a property from further damage. The insurance industry is obviously aware that this takes a substantial amount of monies. After all, they do state that you "must keep an accurate record of repair expenses." It would seem counterintuitive to require "repairs to protect a property" and yet not allow for an assignment of benefits to a restoration/remediation company. HB 909 would hinder Floridians in their ability to protect their property from further harm. It may also backfire on the insurance companies because many Floridians will be unable to stop damage from getting worse. Ultimately, this will lead to insurance companies paying out more and perhaps premiums going up. As Miami homeowner's insurance claims attorneys we are of the belief that an insured should be able to mitigate his loss and assign benefits to any contractor who can perform the work.

Continue reading "How Florida House Bill 909 May Affect Your Homeowner's Insurance Rights and Restoration/Remediation Companies" »

As South Florida personal injury lawyers we are well aware of how prevalent traumatic brain injuries are as a result of car accidents. Traumatic brain injuries ("TBI") can range from mild to severe. However, here we are particularly concerned with mild and moderate brain injuries. We are particularly concerned with these types of injuries because they can appear or reveal themselves weeks or months after the initial cause. In other words, one can suffer a mild TBI and not be aware for months. This can be detrimental to Florida PIP policy holders.

The new or current PIP standard requires that treatment be had, "within 14 days after the motor vehicle accident." If mild TBI is a condition that can appear well after the initial accident, then there is a very good probability that coverage will not be afforded for these types of injuries. Looking at the statutory language it is hard to determine whether the fourteen (14) days will be begin to run once the condition is discovered, or from the date of the accident. The Courts will have to address this matter. Nonetheless, the language is so clear and on point that it makes it difficult to imagine any Court determining that the fourteen (14) days begin to run from the date of discovery of the injury. After all, the language clearly states, "14 days after the vehicle accident." A Court may struggle with negative impact of the policy, but ultimately will most likely respect the simplicity of the wording.

It should be noted that mild and moderate TBI may not be immediately noticeable because demand on the brain after an accident may not be great. However, once an individual begins to get back to his/her normal routine, then certain deficiencies may become apparent. There are certain measures that can be taken to prevent mild TBI such as wearing seat belts, helmets, and vehicles with air bags. After an accident it is wise to look for following symptoms:

• Impaired attention/concentration
• Impaired memory
• Difficulty in word finding
• Headache
• Slurred speech
• Problems with vision
• Easily frustrated
• Emotional swings
• Tinnitus
• Anxiety
• Depressed mood

TBI has its highest impact among males between the ages 15-24. It should also be noted that about 28% of traumatic brain injuries result from auto/car accidents. As Miami car accident attorneys we understand how these injuries can affect our clients. The outcome of TBI depends on the type of injury and treatment. Medical costs for treatment of TBI are about $77 billion per year. The average cost to properly treat a TBI victim is about $152,000. Florida provides for $10,000 in no-fault benefits per Florida Statute 627.736. However, as mentioned about this coverage may be waived if a victim fails to seek care within fourteen (14) days. Basically, mild and moderate TBI victims in Florida may just be out of luck. It is hard to understand how Florida legislators have overlooked this problem. After all, TBI is an issue that has been prevalently covered by the media. Perhaps, the legislature will address this issue in the near future. Meanwhile, the best course of action would be for Doctors, emergency rooms, and accident victims to carefully watch for TBI symptoms.

Continue reading "How New Florida PIP Laws May Affect Treatment of Mild and ModerateTraumatic Brain Injuries " »

We have written various blogs on changes that occurred to the PIP laws in Florida. All these previous blogs focused on the effect this law would have on what PIP insurance may or may not cover. For example, the new PIP law excludes insurers from having to pay massage therapy. The new PIP law also excluded insurers for paying more than $2,500 for injuries that do not amount to an emergency. Under the new PIP law Insurance companies may be excluded from having to pay a chiropractor more than $2,500. As Miami-Dade Personal Injury attorneys we are concerned how this may affect your personal injury claim.

The best way to examine some of the dilemmas this new PIP law will cause is through example. Let's suppose Leo is driving his car in South Miami. Leo is driving carefully and is suddenly rear-ended. The rear-end collision is strong but causes moderate damage to Leo's vehicle. Leo suffers some minor injuries that cause substantial pain to his body. As a result Leo has difficulty sleeping and experiences pain when working or performing daily chores. Leo goes to visit an M.D. which determines that he has various sprain strains. The M.D. determines that Leo is in pain, but does not think that his injuries amount to what is considered an Emergency Medical Condition (EMC). Therefore, Leo's PIP insurer has no duty to pay beyond $2,500. On a side note, Leo is paying about $800 per year for his PIP premium.

The M.D. prescribes some over-the-counter pain medication and some physical therapy. Leo's $2,500 in benefits is quickly exhausted. Nonetheless, Leo continues with physical therapy per the M.D's orders. Leo ends up getting a bill for $6,000. His PIP insurance only covered $1,500 because Leo had a $1,000 deductible. This means Leo paid $800 for $1,500 worth of coverage. Leo has no health insurance and owes $4,500 in medical bills.

Leo then hires a South Florida car accident attorney to help him with his claim. Leo's attorney sends all medical bills and expense over to other driver's insurance company. The other driver's insurance argues that many of the bills and treatment that Leo received are clearly excessive. Therefore, at this time Leo has become dependent on the other driver's insurance to cover most of his medical expenses. The disadvantage of this is that the other Driver's insurance has no contractual obligation to pay Leo's claim. They can take a multitude of steps to deny or delay Leo's compensation and payment of medical bills. The idea of the PIP law was to look to your own insurer when it came to paying the first $10,000. This would facilitate matters as your own insurance company had a duty to pay these bills up to $10,000 in a relative efficient and quick manner. Leo is lucky here, because he has some other insurer to claim the $4,500. However, what if Leo was fault? Then, he would have to pay the $4,500 out of his own pocket.

Of course, insurers will argue that they are extending $10,000 in benefits. In essence, the insurers say that if an emergency occurs, then they will be liable for the $10,000. Now, in the real world we know that $2,500 is a miniscule amount in today's medical world. If an emergency occurs, then $10,000 also becomes a terribly insufficient amount to deal with any medical bills. This $10,000 number was conceived decades ago. This number does not take into account inflation and rising medical cost. However, we don't want to digress into matters of policy. Our goal here is to show the difficulties the new PIP standards have added to an already deficient mechanism.

Continue reading "How Will The New PIP Law Affect Your Bodily Injury/ Personal Injury Claim In Florida " »

The Florida personal injury protection (PIP) laws changed as of January 1, 2013. As Miami-Dade car accident attorneys we are well aware of these changes and what they mean. The relevant chapter is 627 of the Florida statutes. The link provided will take you to the relevant statute. Many clients ask me what the new statute entails.

As South Florida auto accident lawyers we are certain that many portions of this new law will be litigated. Therefore, the true meaning of these statutes will be in flux for a while. However, below are few points that should be noted:

1) The PIP statue will still provide for $10,000 of coverage regardless of fault. However, the sum will be limited to $2,500 if the injuries do not warrant an Emergency Medical Condition (EMC). At this point, it is difficult to ascertain what an EMC is. This will probably be a hotly debated topic.
2) Massage therapy and acupuncture will not be covered even if it is determined that an EMC is present.
3) Patient must receive initial treatment within fourteen (14) days after motor vehicle accident. If initial treatment is not had within fourteen (14) days of accident, then coverage is waived.
4) Insured and omnibus insured must attend Examination Under Oath (EUO).

A question that remains is what happens if your policy renewed before January 1, 2013. That is, would the previous statute apply, or the new one? Thankfully, the Supreme Court of Florida has provided some guidance on this point in Menedez v. Progressive Express Ins. Co., 35 So.3d 873 (Fla.,2010).

In this decision the Supreme Court of Florida first discusses the purpose of the NO-Fault Law:

The No-Fault Law is a comprehensive statutory scheme, the purpose of which is to "provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such 877*877 benefits." § 627.731, Fla. Stat. (2006); accord United Auto. Ins. Co. v. Rodriguez, 808 So.2d 82, 85 (Fla.2001) (stating that the intent of the No-Fault Law is "to provide a minimum level of insurance benefits without regard to fault"). The No-Fault Law mandates security that can be established by alternative means, one of which is PIP insurance. See § 627.733, Fla. Stat. (2006)... Although recovery is restricted under this statutory scheme, this Court has held that the PIP statute is a reasonable alternative to common law tort principles in that it provides "swift and virtually automatic payment so that the injured insured may get on with his life without undue financial interruption." Id. (quoting Ivey v. Allstate Ins. Co., 774 So.2d 679, 683-84 (Fla.2000)).

The Court goes on to mention that swiftness is quite important as it pertains to PIP coverage. However, it has become evident that these policies have become anything but swift, but this is a topic for another blog. To determine whether a statute should be applied retroactively the court looks at the legislature intention and if applied retroactively would violate any constitutional principles. The key question for the Court in Menendez was whether the new PIP laws substantially changed the terms of the policy. If your policy was renewed or bought before January 1, 2013 there is a strong argument that the new Statute does not apply because it substantially changes the terms of the contract.

Continue reading "Will Your Florida Car Insurance Policy Be Subject to the New PIP Statute? " »

Below is an excerpt of our Addendum on Understanding a Homeowner's Insurance Policy. This addendum along with Instructions and forms is meant to assist a Florida homeowners make claims for damages to their dwelling. The entire package/system will be online and ready for purchase in the near future. As South Florida homeowner's insurance claims attorneys we understand the importance of the ability of an insured to understand his policy. It is important to understand that the content below is only a small section and in no way covers what is needed to comprehend an entire Florida homeowner's policy. However, Miami-Dade insurance claims lawyers are here to assist you.

This addendum is central to your insurance claim. In order to make an effective claim it is important to have a good understanding of your insurance policy. Looking at a policy may be somewhat daunting. It's a tremendous amount of paper. However, a little dissection will help simplify things. Please read this carefully.

NOTE: THIS IS ONLY AN EXAMPLE. YOUR POLICY MAY READ DIFFERENTLY. THIS IS ONLY AN EXAMPLE MEANT TO HELP YOU UNDERSTAND YOUR POLICY. IF YOU NEED ASSISTANCE READING YOUR POLICY, THEN PLEASE CALL US.

DECLARATIONS PAGE / Dec Page

The first thing to look at when reviewing a policy is the declarations page. Some policies call it the renewal of declarations if they are renewing your policy. The policy will give you the following basic information:
1) Name of insured
2) Premises that is insured
3) Policy Number and Policy Period
4) The agent who signed up the policy
5) Coverages
6) Limits of liability/policy limits
7) Deductibles
8) Annual premiums.

It is important to determine who the insured is. This may seem obvious, but that is not always the case. So you have to look to the policy to determine who is insured. This is important because the insured has duties and rights. If a person is not a named insured, then his/her rights and duties may be limited under the policy. For example, a noninsured may not have to attend an Examination Under Oath (EUO) or recorded statement.
Next we look at the premises that is insured. You want to make sure that the policy states the correct address of the insured location.

The policy period relays when the policy is or was in effect. For example, from 2/5/12 to 2/5/13. The policy number allows the insurance company to locate your specific policy and also open up a claim.

Then we look at the coverages. Below we have a sample declarations page we can us to review coverages:

Continue reading "How to Read a Florida Homeowner's Insurance Policy " »

As Miami-Dade homeowner's insurance claims attorneys we have encountered numerous cases involving issues pertaining to assignment of rights of benefits. Of course, we must first explain what an assignment of rights is. An assignment of rights is when a person transfers his benefits to another. In this instance, we are talking about contractual or rights under an insurance policy.

For example, an individual in South Florida has a water loss at his home. The loss is substantial and this individual has no means to pay for this loss. This individual hears of a restoration company who will make repairs to his home in exchange for benefits under a homeowner's policy. This individual then assigns his benefits over to the restoration company. The individual's home is fixed and the restoration company then proceeds to make an insurance claim against the homeowner's policy. The restoration company then gets paid by the insurance company.

All worked out well in the above example. Nonetheless, as South Florida insurance claims attorney we understand that many wrinkles can come into play when dealing with assignment of benefits of homeowner's insurance policies. Assignment language may look something like this:

Restoration Company ("RC") shall bill all charges and/or costs to owner and a copy of these invoices shall be sent to the insurance carrier and/or public adjuster. It is fully understood and agreed to by [o]wner that all charges are due upon completion of work and the [o]wner is personally responsible for any and all charges and/or costs not paid by insurance to RC. Any and all charges for services not paid by insurance carrier are the sole responsibility of the [o]wner and are to be paid upon completion of work.

Providing the owner had valid effective insurance coverage for all or part of the services to be performed by RC, the owner further authorizes and directs their insurance carrier, mortgage company and/or public adjuster to make direct payments to RC for work performed. Owner, INTENDING TO BE LEGALLY BOUND HEREBY, further agrees to assign, promises to assign, and does assign to RC all of his/her/its rights and benefits under the insurance policy to the extent necessary to pay RC all of the sums due for work performed by RC, as set forth in RC's invoice.

The troubling language here relates to when an insurance company does not pay. Indeed, the owner remains responsible for the cost of the repairs. Many of our previous blogs relay the many mechanisms an insurance company could use to deny, delay, or undervalue a claim. Therefore, there is a strong likelihood that work will be performed and completed without any guarantee that homeowner's policy will respond. This risk must be understood by both insured's and restoration companies. A restoration company makes a big investment when it repairs a home. Therefore, it is wise to have a profound understanding of the homeowner's policy before commencing work. Of course, the same applies to the homeowner. Otherwise, the homeowner may be personally responsible for the costs of repairs to his property. For a restoration company it is also important to make sure the homeowner is up to date with his mortgage payments. Otherwise, a restoration company may find it difficult to get compensation for their work.

Continue reading " Restoration Companies and Assignment of Rights to Homeowner's Insurance Claims in Florida" »

Our policy is to try to facilitate the claims process for our clients. We often get calls from clients who are reticent to hire an attorney or a public adjuster. They are worried that this may irk their insurance company and produce negative results. Many clients also relay worries that an attorney may complicate matters and delay the claim. Other prospective clients just have distrust as it pertains to any professional willing to assist with their claim. Many of these fears and concerns are unfounded. Nonetheless, one of our goals is to create a system to assist these prospective clients. We are starting to develop a form system that Florida policy owners can use to make their own insurance claims. This form system will be available for the following types of claims;

1. Florida vehicle/ property damage claims.
2. Florida Homeowner's insurance claims.
3. Florida Boat/Property damage claims.
4. Florida motorcycle/property damage claims.
5. Florida homeowner's water loss claims.
6. Florida homeowner's fire loss claims.
7. Florida vehicle theft claims.
8. Florida homeowner's theft claims.

Note, that the above list is not exclusive. As Miami homeowner's insurance claims attorneys we can provide you with forms and ancillary mechanisms to properly make your own claim. Our form system will provide clients with templates and instructions to further their claims. We will also offer assistance through consultations. Questions may come up that require guidance from a South Florida vehicle property damage lawyer. These consultations will be included in an overall package which will also contain the forms and instructions. We will also offer flat fees to cover or assist with examinations under oath (euo's) and recorded statements. Euo's and recorded statements are conditions that are written into most Florida policies. During an euo or a recorded statement insurance companies and their representatives asks questions about the pertinent loss. For example, if you were involved in an accident, then they will probably ask how it happened. It is important to have an attorney present if an insurance company is either taking an euo or a recorded statement. Insurance companies and their representatives have been known to step out of bounds during euo's and recorded statements. A Fort Lauderdale Homeowner's insurance attorney will make sure this does not happen. It is important to make sure that insurance companies respect your rights.

Insurance companies have many advantages on their side. Therefore, our form system is meant to make the most of your rights without complete assistance from a professional. We always advice our clients to consider an attorney. This is the best way to make sure that your claim is filed and documented in the best possible manner. However, if you choose not hire an attorney, then we can provide you forms, instructions, and consultations to assist you through your claims process. All our forms and instructions will be available through our website.

Continue reading "A New Way to Make Insurance Claims in Florida" »

Finding an attorney to help you with your car claim or an EUO (Sworn Statement) can be very difficult when you are at fault. If you are not at fault, then there are bench adds, billboards, internet, and TV commercials which provide a substantial number of attorneys you can choose from. If you are reading this, then most likely it is because you have had difficulty finding an attorney to assist you with your particular problem.

The reason it is difficult to find an attorney to help you with your property damage claim/vehicle claim is that most attorneys in these field work on a contingency fee basis. That means that the attorney would take a percentage of the recovery. As you may know, that is just not viable in most property damage/vehicle claims. Such a fee would leave the client below the mark of what he/she may need to fix his/her vehicle or even get a new one. If the damage is great or the value of the vehicle is adequate, then it may make sense to work such a case on a contingency. However, in most instances this is not the case.

EUO's can be somewhat intimidating. For that reason it is wise to hire a Miami-Dade at-fault insurance claims attorney to assist you. EUOs Bring recollections of an old Monty Python skit dealing with the Spanish inquisition. Essentially, three men jump out and say, "nobody ever expects the Spanish inquisition." This relates to EUO's because at times they may seem like an inquisition. Indeed, most Florida policyholders are not used to being questioned in such a manner.

Most attorneys have no issue attending an EUO or recorded statement when the client is not fault. However, they have very little incentive to attend the EUO or recorded statement of an at- fault individual. No worries, Florida at-fault property/vehicle claim attorneys are here to help you. It is not wise to attend an EUO or allow a recorded statement without an attorney present. An attorney can review you policy and determine what your rights are and help you with an EUO, recorded statement, and property damage claim.

EUO's may also be requested by your homeowner's insurance. They are not exclusive to vehicle property damage claims. EUO's are usually allowed under any policy that covers your interests. This is a post loss mechanism insurance companies use to evaluate the loss. However, on many occasions EUO's may be used to find ways to deny a claim or deny coverage. For these reasons it is important to hire an attorney to assist your EUO.

Our office charges a flat fee of $500 for a consult and EUO attendance. If the EUO is for two people, then the fee is $600. Our office has a variety of services when it comes to assistance on property/vehicle damage claims against your own insurance company or any other insurance involved in your accident. For $75 we offer forms and instructions to help you through your claims process. We offer a 30 minute consult for $100 to give you guidance as it pertains to your claim. For this service it may be wise to gather all the paperwork you may have and forward it to our office for review. If you want us to handle your vehicle claim, then we provide a service based on a reasonable hourly fee.

Continue reading "Finding an Attorney in Florida to Help You with Your Car Claim and/or an EUO When You are at Fault." »

Many of us have heard the saying, "knowledge is power." Nothing is truer when it comes to issues pertaining to insurance coverage. It is not enough to think or have an idea that you have the right coverage. It is not enough to think or have an idea that you understand the conditions of an insurance policy. It is not enough to think or have an idea that your insurance company is adequate for your needs and that of your family and loved ones.

For example, many people are content to buy the cheapest insurance for their cars. They just want to comply with the minimum Florida law mandates. Insurance agents may be happy to recommend the cheapest insurance and not even explain what that entails. You cannot rely solely on your insurance agent or what a TV advertisements and commercials say. You actually should do your own research or consult an attorney. These are issues that can seriously affect you and your family. Therefore, it is important to have a comprehensive understanding of your insurance coverage. Before buying a policy read reviews and rating. Standard & Poor's rating service may be a good place to start. However, you should a few reviews before deciding what insurance company to go with.

It is also important to determine what kind of coverage you need. As South Florida personal injuries attorneys we understand the consequences of inadequate coverage. Lack of adequate coverage can lead to fiscal disasters. Our Miami homeowner's and commercial insurance attorneys are here to assist you with any questions you may have. We offer consulting services if you need guidance for yourself or your business.

After a loss it may be necessary to talk to your insurance company. Make sure to get a certified copy of your insurance policy and a copy of your insurance application before you talk to them extensively. You may want to talk to an attorney if you have any concerns. Florida Statutes allow for policyholder to request this information. Our office also provides these request forms as a service. Nonetheless, it is important to have this information to understand your insurance coverage, your duties, and the duties of your insurance carrier. Insurance companies tend to demand a lot when dealing with a new claim. However, on many occasions they forget to mention that they have duties as well.

Continue reading "Why Attorneys Recommend that You have a Certified Copy of Your Homeowner's and Car Insurance Policy in South Florida." »

If you recently suffered a loss in the state of Florida, then maybe you have encountered a public adjuster. There are some 2000 public adjusters in the state of Florida. It is said that some 1,500 to 1,700 of them remain active. Statistics relay that public adjusters and Florida homeowner's insurance attorneys may increase the value of your claim threefold.

You may not be aware of exactly what a public adjuster does. In fact, many people are surprisingly unfamiliar with public adjusters. Public adjusters help the insured (the person making the claim) present the loss to his/her insurance company. Public adjusters have existed in the U.S. since the late nineteenth century. Most states, including Florida, require that public adjusters be licensed through the State. Indeed, states like Florida impose standards and regulations on public adjusters. Some of these regulations will be explained in fuller detail below.

It should be noted that public adjusters are not licenses to practice law. In many circumstances a homeowner, claimant, commercial property, or condo association find that both a public adjuster and Florida insurance claims attorney must be retained. The combination of a public adjuster and an attorney may help bring the best results. Many policyholders/homeowner's believe that it is best to make a claim on their own. We strongly recommend a policyholder/homeowner retain a Miami homeowner's insurance attorney or public adjuster to assist with the claim.

There are certain limitations or caps on public adjuster fees in the State of Florida. For example, a public adjuster is not entitled to get any compensation that is the result of an initial offer made to a Citizens policy holder. Furthermore, a public adjuster cannot charge more than 10% on any monies offered above and beyond an initial offer made to a Citizens policy holder. An adjuster is also limited to 10% if he is making a claim within the first year of a declaration of emergency. If the claim is not the result of an emergency, then the public adjuster is limited or capped at 20%. Also, supplemental or reopened claims are limited to 20% cap as well. The above mentioned caps only apply to residential and condominium associations only. Nonetheless, it should be noted that you are entitled to negotiate your fees with an adjuster and an attorney as well. For more information on public adjuster fees and regulations you can look at the website for the Florida Department of Financial Services.

This page also contains a plethora of information regarding many issues pertaining to insurance carriers in the State of Florida. The link provided above also provides information regarding contracts between policyholders and public adjusters. For example, by reading this page you may learn that you have three (3) days to rescind or nullify a contract with a public adjuster without consequence.

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I have often heard the question, "why should I hire an attorney or adjuster to help me with my claim?" This may refer to homeowners, vehicle, commercial, life insurance, or any other type of first party claim. A first party claim is made against your own insurer. My advice as a South Florida insurance claims attorney is that it is not wise to pursue a claim against an insurance company on your own. This applies even the when the claim seems simple. As a Florida insurance attorney I know there is nothing simple about making claims against insurers.

The reason one should not pursue a claim without assistance is because most insurance companies have adopted the Mckinsey model. Mckinsey & Company is a consulting firm for Fortune 500 companies. In the early 1990's Mckinsey was hired by Allstate insurance company and it developed a strategy to increase profits. The strategy called for denial, delay, defending, and undervaluing claims. This strategy worked quite well as Allstate doubled its profits in 2007 to around 4.6 billion. It should be noted that this was after the terrible hurricane season of 2005. It has become apparent that many insurance companies have followed suit and incorporated the Mckinsey model. This has had a devastating effect on many industries and on almost all claimants.

Before the 1990's, insurance companies, for the most part, had a good faith approach to resolving claims. Therefore, many policy holders believe that their insurance company is working under an old standard. They believe that since their claim is genuine there is no reason for an insurance company to behave in an untrustworthy fashion. Of course, there are still insurance companies that still work in good faith and for the benefit of their insured. However, it is not wise to make this assumption. Therefore, we strongly recommend that you hire an attorney or public adjuster to assist you with your claim.

The greatest complaint we hear against hiring an attorney is the cost. Most attorneys in these types of cases take a contingency fee. This means they take a percentage of the final recovery and usually amounts to 20% to 40%. Of course, this seems to be a tremendous amount. However, it should be noted that an attorney or public adjuster increases the value of your claim threefold.

Still, if you feel that you can work on the claim on your own, our firm will soon provide a system to do this. We will provide our clients with instructions and forms to pursue their own claims. It should be noted that this will be at your own risk. The forms will be provided for a minimal fee and we will also provide consulting services for a nominal fee as well. You can always retain us at any time during duress the process and we will take over the file.

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You may suspect that a loved one left a life insurance policy for you. However, you are unable to find the policy and don't know where to begin. South Florida life insurance claims attorneys are here to assist you. Insurance companies make no effort, nor are they requited to find lost beneficiaries of life insurance policies. One would expect the existence of national life insurance database for such circumstances. Nonetheless, no such database exists at this time.

Many people believe that once they pass the insurance company will automatically issue payment. This is one of the reasons many of these life insurance policies go unclaimed. There are estimates that one-third of life insurance companies go unclaimed by beneficiaries. This happens often because heirs are unaware that life insurance policy exists. There are billions of dollars in unpaid life insurance claims. In the State of New York alone there are S400,287,736.00 in unclaimed funds. In Florida there are about $1 billion dollars in unclaimed accounts. Many of these unclaimed accounts in Florida are life insurance benefits that go unclaimed. Finding a lost life insurance policy can be daunting. There are some 450 life insurance companies in the U.S. Furthermore, many of them do not keep all their policies in an electronic database. If the policy in question is old enough it may be stored in an old fashion paper database. Thus, if there is a policy it may take a while before it is found.

Insurance companies also fail to keep adequate records of beneficiaries to policies. Therefore, they do not actively seek beneficiaries. If you buy an insurance policy make sure to relay it to your relatives and leave a record of it. If your loved one bought a term life insurance policy for 10,20, or thirty years, then there is always the possibility that not viable claim exists. This is because your loved one may have passed outside of the covered time frame. If the policy is an actual cash value policy, meaning that the capital or premiums accumulate over time, then time frames are not an issue. Here there is also the possibility that the account may be accruing interest.

You may be able to find clues to whether a life insurance policy exists by looking at old bank statements, bills, receipts, etc. If you suspect a life insurance exist it is best to act soon. If you act soon, then it will be easier to locate an insurance policy and make a claim. A South Florida life insurance claims attorney can help you with this. Attorneys have multiple mechanisms they can use to find a lost life insurance policy. Once the policy is found your Miami life insurance claims attorney can make sure to file a claim to the most prompt and effective results.

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