Monthly Archives: September 2012

Personal Injury Protection (PIP) 2012 Reform

Personal Injury Protection (PIP) is a mandatory coverage on Florida car insurance policies that covers medical expenses, lost wages, and other damages. The original purpose of PIP coverage was to make sure that anyone injured in an auto accident would quickly receive money to treat their injuries. In Florida, all drivers are obligated to obtain a minimum of $10,000 PIP coverage for medical bills and lost wages following an auto accident.

Due to rampant fraud and misappropriation of PIP coverage in Florida, insurance companies have lobbied to pass PIP insurance reform to limit the types of treatment available to crash victims covered by PIP, and limit the amount of coverage in order to avoid abuse and fraud.

In 2012, the Florida legislature passed into law PIP reform that bans the use of PIP dollars to pay for massage or acupuncture treatments and will limit the payout for non-emergency treatment of accident-related injuries to $2,500.00. A widespread concern is that accident victims with serious injuries won’t be able to get the care they need if they sustain an injury such as a whiplash or herniated disc because these injuries may not qualify as an emergency.

Nonetheless, supporters of the bill insist that the reform will contribute to overall lower insurance premiums and provide much needed relief to Florida drivers.

If you or a loved one have been a victim of an auto accident and have questions concerning your rights, call Blick Law Firm today at 813-931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Tampa Bay Red Light Traffic Camera Fines

In 2010, the legislature passed the Mark Wandall Traffic Safety Act, named after a Bradenton man who was killed by a red-light runner in 2003. The Act authorized the use of Red Light Cameras to record footage of motorists running red lights and then issuing violators a traffic citation accordingly.

Conflicting studies on the effectiveness of the Red Light Cameras have produced inconclusive results, but proponents of the cameras insist that the legislation saves lives. However, Florida drivers across the state have fought against the constitutional validity and overall effectiveness of the cameras asserting that the purpose of the cameras is solely to increase government revenue.

Nonetheless, Courts across the state have upheld the validity of the legislation and are enforcing the fines against drivers found in violation. Each ticket is a hefty $158, but no points are assigned to the driver’s record.

If you have been issued a citation for violating a photo enforced red light and have questions concerning your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.

*** For your reference: the following link is a map of all red light camera locations in the Tampa Bay Area, provided by my Fox Tampa Bay.

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Foreclosure Auctions and Short Sales: Common Buyer Mistakes

During the growth of the foreclosure problem in Florida, homebuyers across the State have been abundantly utilizing Foreclosure Auctions and Short Sales to purchase homes and property for costs well below market value.

When purchasing a home, especially in short sale or auction, it is important to inspect the premises and discover any defects or structural deficiencies prior to closing on the home. Many times, homebuyers who purchase a short sale ignore defects and property deficiencies because the bargain is too good to pass up. Often, this creates problems that end up costing more than the bargain is worth.

Homebuyers tend to become so passionate about purchasing the real estate at such a lower cost that they refuse to accept the risks that can arise. Common mistakes include:

  • Ignoring property problems – Severe problems with the property may exist due to neglect, mold exposure, termites, and even vandals. Structurally, these homes may be in severe disrepair and even uninhabitable.
  • Ignoring legal and Insurance Information- Information that identifies any flood exposure or renovations and repairs made on the home is available to homebuyers and should be utilized to identify possible flaws and dangers that may exist on the property.
  • Failing to have the home inspected – Many buyers are so anxious to proceed with the acquisition of the property that they fail to have an adequate inspection of the premises conducted. Later, latent defects can become huge problems and the homeowner may incur exorbitant costs to repair the damages.

If you or your family are purchasing a home and have concerns regarding short sales or foreclosure auctions, call Blick Law Firm today at (813) 931-0840 and schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Florida Domestic Violence Awareness

Domestic Violence is a serious criminal offense that occurs frequently in Florida, and the sensitive nature of the offense is sometimes diminished by a misconception that it is often falsely reported. However, the U.S. Department of Justice, Bureau of Justice Statistics considers Domestic Violence to be one of the most chronically underreported crimes, and according to reports it is estimated that 85 % of Domestic Violence victims are women

Domestic Violence is statutorily defined in Florida as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

Incidents of Domestic Violence effect Floridians daily, and according to the Florida Coalition Against Domestic Violence, the following Domestic Violence statistics took place between 2010 and 2011 alone:

  • 113,378 crimes of domestic violence were reported to Florida law enforcement agencies resulting in 67,810 arrests.
  • Florida’s certified domestic violence centers provided 477,489 nights of emergency shelter to 15,789 survivors of domestic violence and their children.
  • Advocates created 87,474 tailored safety plans, provided a total of 484,950 hours of outreach and counseling services, and answered 130,393 domestic violence hotline calls from individual seeking emergency services, information, and safety planning assistance.

Domestic Violence continues to be a growing problem that effects all genders, all races, and all ages. Additionally, the effect on children who witness incidents of Domestic Violence is extensive; and families must be made aware of the trauma, and life altering consequences that can occur due to exposure to Domestic Violence.

If you or a loved one have been a victim of Domestic Violence and need help, call Blick Law Firm today at 813-931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer.

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Motor Vehicle Searches in Florida

Traffic violations in Florida contribute to a large amount of police encounters; and many times these encounters lead to arrests for more serious violations after the driver’s car is searched. It is important to know about your rights and protections while driving, and to be aware of what actions police are legally allowed to employ.

Constitutional Rights protect drivers from illegal searches and seizures. However, police are allowed to conduct a search of a vehicle without a warrant under certain circumstances. These circumstances include:

  • Consent to Search: A driver’s consent for an officer to search the vehicle operates as a waiver of constitutional rights under the 4th amendment protection against illegal searches and seizures. Additionally, any incriminating evidence obtained from the search can be used against the driver.
  • Plain View Rule: A police officer is authorized to search a vehicle if within the officer’s plain view there is any illegal substance or contraband visible.
  • Exigent Circumstances: A police officer is allowed to search a vehicle if in their discretion they reasonably believe that an immediate search is necessary to prevent harm or serious damage, or they believe that evidence of a crime is in danger of being destroyed.
  • Probable Cause: A police officer is authorized to search a vehicle without a warrant if they have a sufficient reason justifying probable cause to believe that a crime has been committed.

If you have been arrested following a traffic stop and have questions regarding your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute appointment with attorney Michael Blickensderfer.

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