The Florida Keys suffered tremendous damage, resulting from the force Irma exerted. This was a very strong hurricane. Now as Floridians we have to deal with the aftermath.

This of course entails dealing with insurers in order to procure funds to perform repairs or replace damaged property. Homeowner’s claims can be tedious and complicated. Our office has handled many homeowner’s claims over the years. We understand that homeowner’s policies are confusing and complicated. To simplify, a homeowner’s policy is a contract to cover certain losses, should they occur, so long as certain conditions are met.

As a Miami Homeowner’s insurance attorneys, we understand the complexities of the claims process. Homeowner’s insurance companies are business. Like any for profit entity their goal is to maximize revenue and reduce losses. Therefore, insurance companies will analyze your claim with a fine tooth comb. Insurance companies will look at your policy and application with tremendous detail.

Our office has been dealing with Homeowner’s insurance claims throughout Miami-Dade, Broward, and South Florida for many years. We know what these storms are capable of doing, as we are well acquainted with the aftermath.

The priority when a storm approaches is safety. Indeed, you want to make sure that your family is prepared in a safe place. Our office is here to help in the aftermath of storms such as Irma. We don’t want to write an extended blog, at this time. As we write this the storm approaches.

Our goal is to give you a few tips should you suffer any sort of loss to home or premises, resulting from Hurricane Irma. The following are things you should do, after a homeowner’s loss:

Two scenarios occur shortly after a motor vehicle accident.  Your own automobile insurance carrier or a carrier providing PIP benefits may call you and request a recorded statement also known as an Examination Under Oath.   This is a sworn statement conducted by your insurance carrier and although required should never be given without retaining an attorney experienced in accident law and procedure.  The following is an excerpt of the statute mandating the insured/claimant’s contractual /statutory authority to request what is known as an EUO.

An insured seeking benefits under ss. 627.730–627.7405, including an omnibus insured, must comply with the terms of the policy, which include, but are not limited to, submitting to an examination under oath. The scope of questioning during the examination under oath is limited to relevant information or information that could reasonably be expected to lead to relevant information. Compliance with this paragraph is a condition precedent to receiving benefits. An insurer that, as a general business practice as determined by the office, requests an examination under oath of an insured or an omnibus insured without a reasonable basis is subject to §626.9541 Fla. Stat. (2016).

The second scenario occurs as follows:

As a South Florida personal injury firm our office reviews and handles hundreds of cases yearly.  Every so often we are faced with a client/claimant who is afraid to file a claim because they are afraid of a rate increase.  What should you do when faced with this scenario?

Will your automobile insurance premiums jump up after you’re in an accident and make a claim? If you were not to blame for what happened, then the answer is easy. No. This is true even if you are injured in the accident and you file an insurance claim to cover your harm.   In a rear end collision the driver who is rear-ended should not experience or be assessed a rate increase.

If you are partially or completely at fault you may experience a rate increase as a result of the accident.  An example of partial fault is an intersectional collision that usually will be determined to have been caused by the negligence of drivers involved.


It is a given that in most cases we love buying cars.  The sheer number of new automobiles sold according to a 2017 study were a bit more than 7.1 million new vehicles nationwide.  And most of these sales range in result from relative satisfaction to adulation on par with that of a collector.

The purpose of this blog is to inform that small but hurting percentage who have purchased a lemon in Florida and unfortunately these lemons costs thousands of dollars each.  Florida has recognized the importance and expense inherent in a vehicle purchase; it is often the second most expensive purchase a consumer makes, after a home.  Florida’s has enacted its “Lemon Law” Its current version is contained in §681.10 et seq, Fla. Stat. (2017).  It is titled rather blandly as “Motor Vehicle Sales Warranties.” The blogger herein would opine that the title was a bone thrown to a very influential lobby, that of new-car dealers.

627.7288 Comprehensive coverage; deductible not to apply to motor vehicle glass.

“The deductible provisions of any policy of motor vehicle insurance, delivered or issued in this state by an authorized insurer, providing comprehensive coverage or combined additional coverage shall not be applicable to damage to the windshield of any motor vehicle covered under such policy.”

What this legal jargon means is if you have comprehensive or combined additional coverage, there is no deductible for repair to any vehicle covered under such policy.  Why does it matter to you and why should it?  Number one, no deductible means no out-of-pocket expense to the insured.  It sounds fairly simple.  But often times it is not.  Most insurance companies seek to direct you to their vendor, which on its face is okay, but the problem comes when you decide you want to use your own vendor.  Services provided may range from the repair of a chip to the obviously more costly replacement.

car wreck accident south florida miami personal injury
I was hurt on a motorcycle am I entitled to PIP coverage? Considering that injuries to motorcycle riders in accidents are more likely to be of greater severity, this puts the rider at great risk of both financial and physical trauma in the event of a crash.  PIP is not available to motorcycle riders or passengers.

The driver of a car who is injured in a crash can sue for damages over and above the maximum on his PIP if medical bills exceed that amount. He may also sue for pain and suffering but only if the injury was considered permanent. This permanency threshold rule does not apply to motorcycle riders. The bike rider may seek compensation from the other driver’s insurance company without being required to pass any threshold.  PIP is not available in Florida even if the driver (or passenger) of the motorcycle has PIP coverage on another 4-wheel vehicle.

I was hurt while a passenger on a County/City Bus am I entitled to PIP coverage?  The term “motor vehicle” under which would be required to carry PIP (No-Fault Coverage) excludes from its definition buses and taxis used in mass transit.  Under this scenario no PIP would be available.  Medical bills incurred would be payable only through an individual or group health insurance policy or out-of-pocket by the injured party. Of course the threshold requirement in accident cases where PIP benefits are available is no longer an issue in these cases. What that means is there is no requirement that the Plaintiff sustain a permanent injury as defined in §627.737(2)(a-d) as described hereinbelow:

Nosotros somos abogados de accidente de automóvil en Miami, Florida. Podemos practicar por todo el Estado de la Florida. Si está leyendo esto es porque quiere saber lo que debe hacer después de un accidente. De forma simple:

  1. Documentar el accidente. Llamar al 911.
  2. Sacar fotos si puede.

What can be more exhilarating than the wind through your hair and the adrenaline rush of a chopper hugging a country or deserted road?  Very little beats that thrill.  Unfortunately, the hazards of motorcycling might outweigh the fun riding one can be.  As a Miami Motorcycle Accident Attorneys, our firm has seen the aftermath of one of the less fortunate riders.  As a long-time resident of Florida, I am constantly amazed at how unaware of the surroundings many of our senior citizens are.  An 18-wheel tractor trailer “came out of nowhere.”  Translation – did not see a huge truck; what chance does the biker have to be seen by that very same driver.

What types of hazards are there?

Busy intersections are intersections are inherently dangerous places for all motorists, particularly when those intersections are busy. At an intersection, vehicles, pedestrians, and bicyclists are traveling across one another’s paths, often perpendicularly. In addition, while a two-way intersection is dangerous enough, many urban areas have five-way or even six-way intersections, often resulting in extremely complex traffic patterns that are difficult to anticipate.