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[ No Comments ] Posted on 10.28.09 under ACCIDENTS AND INJURIES, CAR ACCIDENTS, MOTORCYCLES, Uncategorized
The experience of an auto accident stays with an individual throughout their life. The majority of people believe they are fine as long as they did not suffer a cut or broken bone. They fail to associate emotions of fear, nervousness or anger with the automobile accident. However, this is a common and often overlooked problem known as Post-traumatic Stress.
If these problems begin to interfere with your normal life, seek professional help. For more on this condition, see
http://familydoctor.org/online/famdocen/home/common/mentalhealth/anxiety/449.html.
[ No Comments ] Posted on 09.03.09 under CAR ACCIDENTS, CATASTROPHIC INJURIES, DAMAGE CONTROL, MOTORCYCLES, PROBATE LITIGATION, WILLS AND ESTATES
Everyone faces risks every day of their life. Some risks are small and some large. The risk of injury while riding a motorcycle unfortunately has increased over the last few years. If you were severely injured and could not handle your own affairs, what would you do? To a limited extent a spouse can manage your affairs, but what if you are single? A parent or sibling or child does not have an automatic right in Florida to step in and handle things.
What you can do is prepare Powers of Attorney and designate who will help you if you are incapacitated. We recommend that every adult have three important documents. First, everyone needs a Durable Power of Attorney. This allows someone chosen by you to handle all of your financial affairs. They can pay bills, manage money and represent your interests. Second, each person should have a Medical Power of Attorney. A medical power permits someone chosen by you to make your medical decisions if you are unable to do so. They can talk with doctors, move you to another hospital, and even deal with health insurance if necessary. Finally, every person needs a living will. The living will lets everyone know your wishes if you have a terminal illness or have suffered a massive brain injury and cannot live without machines.
What happens if you do not have these documents and the unthinkable happens? In Florida, a guardianship must be obtained from the court. Guardianships cost thousands of dollars versus a couple of hundred for Powers of Attorney. With a little planning, you can be covered.
[ No Comments ] Posted on 09.01.09 under DAMAGE CONTROL, INSURANCE, INSURANCE FOR CYCLISTS, MOTORCYCLES
Florida is a “no-fault” state, which means that motorists must carry minimum insurance of at least $10,000 in personal injury protection (PIP) to reimburse accident related medical bills. This requirement does not apply to motorcyclists. A motorcyclist must either carry health insurance or pay accident expenses out of his/her own pocket. With the rising costs of health care, an accident can be financially devastating.
This may not be new information for the experienced rider, but the rider may believe they can recover against the motorist who caused the accident. However, the economic downturn means more motorists than ever are driving without insurance. It is believed that one-third of drivers do not have insurance. Add to this the fact that Florida does not require a driver to carry bodily injury liability coverage (the insurance that pays for injuries you cause to someone else) and it is clear the roads are very dangerous indeed.
In order to protect yourself, it is necessary to carry uninsured motorist coverage. This provides coverage when the other driver has no insurance or cannot pay your damages. In addition, if you own more than one vehicle, you should also make sure the uninsured motorist coverage is stackable.
If you are not sure of your insurance coverage, we are happy to discuss your insurance situation. The time to act is now– before you discover that you don’t have the coverage you need.
Mary Ann Morgan
[ No Comments ] Posted on 08.21.09 under CAR ACCIDENTS, DAMAGE CONTROL, INSURANCE, INSURANCE FOR CYCLISTS, MOTORCYCLES
WHY?
Example: You buy a motorcycle. You tell your Insurance Agent you do not have health insurance so you want to be sure your motorcycle policy includes medical coverage for you if you are in an accident. You get the policy in the mail but you don’t see anything in it that looks like medical coverage for you. You call your Agent. She assures you that you do have the coverage. You get into an accident and are injured. Your insurance company then tells you your policy does not include medical coverage for you. You call your Agent. She now denies having told you your motorcycle policy included medical coverage for you.
“An ounce of prevention is worth a pound of cure.” So, always confirm important things in writing.
Joseph E. BoatwrightBillings, Morgan & Boatwright
[ No Comments ] Posted on 04.27.09 under CAR ACCIDENTS, CATASTROPHIC INJURIES, DEFECTIVE PRODUCTS CLAIMS, MOTORCYCLES, NEGLIGENT SECURITY, PROPERTY ACCIDENTS, TRUCKING ACCIDENTS, Uncategorized, WRONGFUL DEATH CLAIMS
TIMING IS EVERYTHING! We have all heard that “timing is everything.” It applies to everything from job opportunities, relationships, buying and selling, cooking, and just about everything else affecting our lives.
From a legal standpoint, timing is crucial. Many claims are time barred by different statutes of limitation which apply to certain circumstances. For instance, most negligence claims have a four-year statute of limitations in Florida UNLESS one of the defendants (other party) is some governmental agency or entity, then special notice requirements must be met within three years. Claims for medical or professional negligence have a two year statute of limitations; but again, certain notice requirements must be met before filing those claims.
The point is, TALK TO A LAWYER regarding the applicable time frame for your case in the beginning to make sure time requirements are met. Within the last year I have had three different clients who came to me just before their statute of limitations was about to run. Most of them were trying to just “work it out” with the insurance company themselves.
Waiting until the last minute leaves the lawyer trying to make up ground that should have been covered well before the statute is ready to run. They don’t have all the information available that they need going into litigation in order to know as much or more than the other side.
While I agree that not all cases need attorney representation, there are those which definitely do. Below are some things you need to know before attempting to handle your case on your own without discussing it with a lawyer:
1) Know your Statute of limitations! They vary, as discussed above
2) In significant accident situations investigations should be done IMMEDIATELY or as soon as possible for several reasons. First and foremost, evidence can be lost such as skid marks and accident debris that could determine fault. Secondly, witnesses move and are difficult to locate. They also FORGET! They will remember more about the accident in the months immediately following than they will three years later.
3) Insurance companies get unrepresented people to make unknowing concessions by taking statements geared to favor their side and can use those statements against you later.
4) Consistent treatment with respected doctors is crucial to insure not only the best result in settling your case but more importantly the best result in your physical recovery. If you are not sure about when to hire an attorney or IF you need to hire an attorney, we are just a phone call away.
Mary Ann Morgan, Esquire, Billings, Morgan, & Boatwright LLC
399 Carolina Ave, Ste. 100
Winter Park, FL 32789 (407)679-9900 1-877-302-9900 (407)975-6505 (Fax)
[ No Comments ] Posted on 07.06.08 under ACCIDENTS AND INJURIES, CAR ACCIDENTS, CATASTROPHIC INJURIES, DEFECTIVE PRODUCTS CLAIMS, PROBATE LITIGATION, PROPERTY ACCIDENTS, TRUCKING ACCIDENTS, WILLS AND ESTATES, WRONGFUL DEATH CLAIMS
Information coming soon
[ No Comments ] Posted on 07.05.08 under INSURANCE FOR CYCLISTS
The debate goes on. ” Should I go bare? Why buy insurance if I don’t have to? I have a mortgage or rent to pay and the last thing I want to do is give an insurance company my hard earned money! Besides, I’m a careful rider. And even if I do get insurance, it will be the minimum to keep me legal. I’m not wasting money on that UM coverage (Uninsured/Underinsured coverage). By the way, what the heck is UM?”
Sound familiar? As we all look for ways to tighten our belts in an ever increasing downward turn in the economy, the last thing on our minds is spending a bunch on insurance. In a tight economy, often insurance coverage is one of the first things to go. WRONG, WRONG, WRONG!
We all know the statistics. 70% of accidents involving motorcycles are the fault of the other person. You’ve seen them on the road. Crazy drivers who don’t care a flip about motorcycles or the safety of those riding them. And face it. If we really thought we would be in an accident, we may be driving only cars. But they happen. And if you are involved in an accident while on a bike, chances are it will not be pretty. You WILL be on the losing end of that battle.
So what’s the best use of your insurance dollars? First you have to look at the risk. If chances are greater that you may not be at fault for an accident, let’s look at statistics regarding other motorists in Florida who share the roads with you. Florida law does not require vehicle drivers to carry bodily injury liability insurance, only property damage insurance. (Some may say our legislators care more about cars being damaged than people, however that is a topic for another article)
If drivers can legally drive without carrying insurance to cover someone they injure, then ask yourself…who are the drivers most likely to only carry the minimum insurance? RIGHT! The WORST drivers! Because it costs so much more for insurance if you have a bad driving record. Then consider that bad drivers are the most likely to cause accidents, particularly with bikers and you understand the point: You are more likely to be hit by bad drivers…bad drivers are more likely to carry no insurance for injuries they cause.
IT’S UP TO YOU to protect you and your family! You can purchase insurance to cover you for those reckless yahoos who cause accidents and have little or no insurance. Ask your insurance agent about UM coverage being added to your policy if you don’t currently have it.
I frequently have clients tell me, ‘don’t worry, I have full coverage’. What that usually means is they have collision coverage for their car or bike. Most people I know have no idea how important UM coverage is. That is the insurance that steps in if you are injured by someone without insurance or without enough insurance. If you don’t have this important coverage you have rejected it by signing aform. (Again, most people have no idea exactly what they are signing when their agent just points and says, ’sign here and here’)
So the bottom line is you need to take a few minutes out and check your policy covering your bike and car/truck. Make sure you have UM/UIM insurance on your policy. And the amount should be equal to your Bodily Injury Liability limits. If you have more than one vehicle, then choose ’stacked’ UM. This doubles the coverage if there are 2 vehicles on the policy.
If you have any questions, ask your attorney. If you don’t have one, our office conducts free policy check ups. Just give me a call at 407-679-9900 or email me at Maryann@billingslawfirm.com.