Monthly Archives: March 2012

Avoid points on your driver’s license

Posted on March 15, 2012 by Blick Law Firm

In the State of Florida, driving is considered a privilege that must be earned and can be lost for a number of infractions, such as failure to pay child support, addiction to drugs or alcohol, failure to pay some traffic fines, racing on the highway, and incurring too many violation points on your license within a certain period of time.  Points remain on your license for three years. 

6 Points
Leaving the scene of an accident with damage of at least $50
Speed violations resulting in an accident

4 Points
Reckless Driving
Moving violations that cause an accident
Attempting to pass a stopped school bus
Exceeding the posted speed limit by 16 mph or more
Ignoring traffic control signals or devices

3 Points
Minors driving during restricted hours *
Exceeding the posted speed limit by 15 mph or less
All other moving violations not mentioned above
Driving with an open container
Violating child restraint regulations

*Florida law states that minors younger than 17 are not allowed to drive between 11 p.m. and 6 a.m. unless they’re accompanied by a licensed driver 21 or older, or unless the minor is going to or from work. Seventeen-year-old drivers are subject to the same driving restrictions from the hours of 1 a.m. to 5 a.m.

Your license may be suspended 30 days if you incur 12 points in a 12-month period; 90 days if you incur 18 points in an 18-month period; and 12 months if you incur 24 points in a 36-month period.  Minors accruing 6 points in a 12-month period will be limited to driving for business purposes only for one year.

If you are close to exceeding the limit, call Blick Law Firm today.  Michael Blickensderfer has experience in traffic court and can offer you legal counsel.  Should you hold a CDL, you will be required to appear in court and attorney, Michael C. Blickensderfer can represent you on your behalf. 813-931-0840.

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Blick Law Firm educates on Home Affordable Foreclosure Alternatives program

Posted on March 15, 2012 by Blick Law Firm

The (HAFA) Home Affordable Foreclosure Alternatives program was developed to give homeowners a way to settle their mortgage debt without going through a foreclosure.

Because foreclosures have dominated our economic housing market, Tampa short sales are designed to help homeowners sell their home for the current value.  Although the mortgage debt owed may be  more than the value, in most cases the debt is satisfied by the mortgage company.  This federal government program streamlines the short sale approval process and offers financial assistance to help you with relocation.

Homeowners may be eligible for the Home Affordable Foreclosure Alternatives program if:

  1. The property is their current principal residence, OR the property has been vacant or rented out for less than 12 months, and you have not bought another principal residence during that time.
  2. The amount you owe on your first mortgage for your property is equal to or less than:
  • $729,750 for 1 unit
  • $934,200 for 2 units
  • $1,129,250 for 3 units
  • $1,403,400 for 4 units
  1. You owe more on your home than it’s worth.
  2. Your current mortgage was taken out on or before January 1, 2009.
  3. You are experiencing a hardship (such as a job loss, divorce or medical emergency) and are unable to afford your current home loan.

Call your Tampa real estate attorney today to see if you qualify for a short sale.

With our excellent service and staffing, we will communicate with your mortgage company, eliminating harassing phone calls from their collections department. With Blick Law Firm you can select your realtor, or we have several with whom we have long established relationships with that will assist you through the process of listing and showing your home. Our short sale negotiators are highly experienced and will do their best to make this an easy journey as you go through this difficult season in your life.

Did you know? Typically, 120 calendar days are given to acquire an offer.

Call us today for your free short sale consultation! 813-931-0840

 

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Florida personal injury protection (PIP) law passes reform bill to eliminate accident fraud

Posted on March 12, 2012 by Blick Law Firm

Florida passes PIP reform bill March 2012.

Since Florida ranks first nationally in staged accidents, fraud has raised PIP costs by $1.4 billion since 2008. The runaway fraud that threatens the system got immediate attention by Governor Rick Scott.

In recent news, Governor Scott and the Legislature make changes to cut down on accident fraud. The legislation now requires accident victims to seek treatment within 14 days of an auto accident, or otherwise loose PIP coverage.

The full $10,000 PIP benefits will be only available to those who sought medical assistance in that 14 day time period. The physician that the accident victim seeks has to determine that the insured has an “emergency medical condition.” If  not, the PIP medical benefit will be limited to $2,500, and not the full $10,000.

*Follow-up medical treatment and care will be restricted to a physician, osteopath chiropractor or dentist. Massage therapists and acupuncture has been eliminated from eligibility  for PIP benefits.

This bill hopes to crack down on personal injury protection (PIP) abuse and reduce insurance rate coverage, over time.

Whether the new measure will be effective remains to be seen.

For more information regarding PIP law changes contact your personal injury lawyer today. Blick Law Firm can assist you with your legal rights and fight for you. Think quick, call Blick. 813-931-0840.

To see more of this article, visit Insurance Journal.

 

 

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3 alternatives to stop foreclosure on your home

Posted on March 9, 2012 by Blick Law Firm

Did you know that approximately 24,783 Florida property owners received some type of foreclosure filing in January?

This is the equivalent of 1 in every 363 housing units.

Although, Americans find themselves facing foreclosure on their home for reasons they could not avoid, you may be able to prevent it! There is hope.

There are a few options you, as the home owner can attempt on your own:

o Repayment Plan – Find out if you can make a repayment plan. The borrower makes regular installment each month plus part of the missed installments.

o Special Forbearance – The servicer agrees not to initiate foreclosure to allow time for borrowers to repay the missed installments. An example of when this would be likely is when a borrower is waiting for a tax refund.

If you surpass the options above and become delinquent you should speak with Florida foreclosure defense attorney for assistance.  You can try a few more options with the assistance of a Tampa real estate attorney:

o Loan Modification – Provides the borrower a fresh start by adding the delinquency to the loan balance and establishing a new payment schedule.

o Foreclosure Defense – Additional time to arrange a private sale – The servicer agrees to delay foreclosure to allow a sale to close if the loan will be paid off.

o Short Sale – When the servicer agrees to allow a borrower to sell his/her home for a lesser amount than what is currently required to pay off the loan.

For more information regarding foreclosures in Florida or how to stop foreclosure in Florida call Blick Law Firm today for your free consultation. 813-931-0840. Think quick, call Blick.

 

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Daytona Bike Week celebrates 71 years March 9 – 18

Posted on March 5, 2012 by Blick Law Firm

The Annual March Madness for Motorcycles will once again converge on Main Street Daytona for 10 days.

Discussions will include:  “Why do you attend?”; “Do you ride or trailer?”; “Do you stay in a hotel or rough it at a campground?”; “Do you ride The Loop?”; and last, but certainly not the least:  “What do you ride?”    No matter the outcome of your discussions, Daytona Bike Week draws hundreds of thousands of bikers every year.

While staff members at Blick Law Firm understand your passion for the open road with the wind in your face, we want to remind you of 10 ways to be safe on a motorcycle.

  • Assume Drivers Can’t See You
  • Maintain Safe Spacing
  • Anticipate Trouble
  • Beware of Oncoming Left Turners
  • Ride Your Own Ride
  • Watch Out for Curves
  • Don’t Give In to Road Rage
  • Don’t allow Tailgating
  • Don’t Be Blinded by the glare of the sun
  • Avoid Riding at Night

Maintain your bike so it is safe too. Check your tires, chains, clutch cables, batteries, brakes, etc. Failure to maintain your bike could contribute to a motorcycle accident. Ride with a buddy if at all possible. Avoid riding long distances alone. It goes without saying that you shouldn’t drink and ride. Going bar hopping? Walk or take a cab.  Your life and the life of others are too valuable.

Do not be a statistic.  Grow old riding your motorcycle.  Should you find yourself needing legal aid, contact Blick Law Firm. 813-931-0840

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Florida dog bite statute changes- who is liable?

Posted on March 2, 2012 by Blick Law Firm

On January 22, Florida’s dog bite statute imposed strict liability upon dog owners for a bite that causes injury to a person.

Section 767.04 stated that a dog owner is liable for any damages inflicted upon a person who is on or in a public place, or lawfully on or in a private place, including the dog owner’s property, regardless of the dog’s former viciousness or the owners’ knowledge of such viciousness.

In the dog owner’s defense, if a dog is provoked, consideration will be taken into account, reducing the liability of the owner.    If a person is unlawfully on a dog owner’s property, the owner is not liable, except as to a person under the age of 6.

In the case of a landlord and tenant, the landlord may be liable for tenant’s dog if the landlord knows the dog is vicious.  Specific rules as to size and breed of dogs set forth by the landlord are the landlord’s responsibility to enforce.

For example, in Ramirez v. M.L. Management Co., Inc., 920 So.2d 36 (Fla. 4th DCA 2005), the landlord was aware that a tenant’s pit bulls had threatened other tenants, but the landlord did not evict the owner of the pit bulls. When they attacked a child who was on adjacent property, the landlord was held liable.

There is an exception to the Florida Dog Bite Statute.  If a “Bad Dog” or “Beware of Dog” sign is posted in a prominent location & is easily readable, the dog owner is released from liability, except in the case of a 6 year old child or younger.  However, a parent’s failure to supervise his young child can reduce the compensation of the dog owner or other liable party.

Whether you are Fido’s owner or the victim of  Fido’s bite, Blick Law Firm is here to help you. Contact us today if you have a potential dog bite personal injury claim. Think quick, call Blick! 813-931-0840.

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