Articles Posted in General Law

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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:

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(SOMETIMES FOUND AT NEW CAR DEALERS)

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.

You or a loved one has been injured through the fault of another.  Without the right team on your side, no insurance company will treat you and your claim fairly, in fact, the wrong team can create even more problems than they solve.  Some of the typical problems encountered arise right at the start of a case.  The DRG Law Firm, located in Miami, Florida will help you navigate through the following issues typical of a new personal injury case.

  • Bodily Injury (Initial Assessment)
  • Property Damage