Are You Insuring Defensively?

We’ve all heard how important it is to drive defensively; but what about insuring defensively? A recent study by the Insurance Research Council found that one in every four Florida drivers may be driving without insurance. With a strong correlation between uninsured driving and unemployment, that number only grows as we continue to face tough economic times. Florida law requires every driver to have automobile insurance, and a driver who doesn’t may be fined, lose their license, or lose their registration or vehicle tag. However, drivers who are facing tough situations like unemployment or underemployment may take the risk and break the law that requires they have automobile insurance before operating their vehicle. This is a big risk not only for themselves, but for other drivers on the road as well. 
To protect yourself against this risk, it is important to have adequate insurance coverage in case you are ever in a collision with an uninsured or underinsured driver. In order to protect yourself, you should purchase uninsured and underinsured motorist coverage as part of your insurance policy. This will protect you if you are in a collision with an at-fault driver whose own insurance cannot cover your vehicle damage or your bodily injury. Our firm regularly evaluates claims that involve at-fault drivers who have no, or not enough, insurance. Florida’s laws on debtor protection often make it difficult or impossible to collect against an at-fault driver if they are uninsured. There are many lawyers who don’t understand the intricacies of Florida’s insurance law, so it is important that you find an attorney who has experience and expertise in accident cases involving insurance. Our experienced attorneys have spent years working within Florida’s system to get recoveries for injured motorists. If you or someone you know has been in an accident and is faced with the daunting task of sorting through the intricacies of our insurance system, please feel free to contact us to get more information on how we can help you recover for your losses. 

SHOULD I SPEAK WITH THE INSURANCE COMPANY AFTER AN ACCIDENT?

Question:

I WAS INVOLVED IN A CAR ACCIDENT AND HAVE BEEN CONTACTED BY THE OTHER PERSON'S INSURANCE COMPANY. SHOULD I SPEAK TO THEM?

Answer By Attorney Keith Taylor:

Of course you should contact your own insurance company as soon as practically possible following an accident. You may be contacted by the insurance company for the other person involved in the accident, which may also be the same company as your insurer, so don't be confused. The other insurance company could contact you for a number of reasons. First, they may have liability for the damage to your vehicle, and this would be covered under the other person's Property Damage insurance. Typically, it is normal to have discussions with the Property Damage adjuster regarding repair of your vehicle and rental. You may also be contacted by an adjuster under the other person's Bodily Injury Liability insurance policy. Typically, you should not speak with this person until you have consulted with an attorney regarding your rights. Many times, this Bodily Injury adjuster will want to 'take your statement' about the crash, and will most often request to record that statement. There is no requirement that you speak with this adjuster, and most of the time, you should wait to do so until you have discussed your case and injuries with a qualified attorney. Likewise, you should not sign any forms or submit anything to the other party's insurance company related to your injuries or medical treatment until you have consulted with an attorney familiar with handling these types of cases.

Understand, however, that under you own policy of insurance, you must 'cooperate' with your company, which may include signing forms and giving a statement.

Insurance law is very complicated, so it is important that you meet with an experienced Personal Injury Lawyer as soon as possible after your accident to discuss your case; your rights and responsibilities. To learn more about Automobile Accidents or Personal Injury, visit our website at www.KeithTaylorLaw.com.

Car Accident While Test Driving

Question by Anonymous, Tacoma, WA:

I took a car home from the dealership. The financing had not gone through yet but the dealer said he would take care of everything. I took the car for a drive with friends and turned down a gravel road at night. A deer ran out in front of the car and when I swerved I ended up in an unmarked construction ditch. No police were called to the scene and the car was able to be pulled out of the ditch, but could not be driven home. The car is home now and I need to know what to do.

Answer by Attorney Keith Taylor:

First you should consult a lawyer familiar with your state law. In Florida, the operator of the vehicle would be responsible for their negligence. From the facts you describe, I don't see any negligence on your part. You had permission to drive the vehicle, and the deer running in front is like a tree falling on the vehicle (not your fault). The dealership most likely has insurance, but may have a deductible which they will try to push you for. Your paperwork may have had some kind of strict liability language making you responsible even without negligence, which is why I recommend you see a lawyer familiar with your state's laws. It seems from your description that you have not suffered an injury. It is good for you that the significance of the problem is limited to property damage.