Category Archives: Personal Injury

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

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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Daytona Bike Week celebrates 71 years March 9 – 18

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?

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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Florida insurance fraud results in admendments to auto accident claims

Tampa- Due to the increase in Florida insurance PIP fraud and number of reported claims compared to actual reported accidents with injuries, Florida lawmakers have agreed that there is need for change with the current law.

According to The National Insurance Crime Bureau, Florida is now the leader in the nation for staged auto accidents where numerous alleged “passengers” each access their $10,000 of PIP benefits from providers who are neither licensed nor have an identifiable address.

In 1972, Personal Injury Protection (PIP) was to introduced to assist accident victims and offer the benefit of providing money for injured drivers to take care of immediate injuries through visits to doctors and hospitals.

Due to the exploitation of the system, prices for insurers and consumers rose steadily. PIP claims are a major cost-driver of auto insurance rates and predictions that PIP insurance premiums will only increase this year.

Although the Florida Department of Financial Services have been investigating and prosecuting those involved with insurance fraud, there is more that will be done. Recently Rick Scott addressed this issue and plans to make it a priority to resolve. It is not only affecting immediate parties involved but directly affects Florida’s families, the economy and job creation plans and proposals.

Many proposals are being passed around, one being those involved in auto accidents will have a 72-hour window for reporting to the emergency room, physician, or similar facilities in hopes to decrease fraud. Also police will be required to fill out a more uniform report of all accidents for better insight to investigations.

Stay tuned for more updates as Blick Law Firm will report any changes to the Florida auto insurance law. We want you to be aware and understand how this can affect you and your loved ones driving on the road. If you want to understand more of your insurance coverage or have certain questions please give Blick Law Firm a call today at 813-931-0840.

Think quick, call Blick!

 

 

 

 

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5 tips to avoid auto collisions this holiday season in Tampa Florida

Tis the season, and so is the season of crazed shoppers, party-goers and celebration. The hustle and bustle of each holiday season causes many to become distracted drivers. Risks for accidents tend to increase at this time due to busyness.

Here are a few tips to remember to keep you and your loved ones out of harms way:

1. Be mindful of Tampa Bay traffic. The interstate at this time is packed. Keep a safe distance to the car or motorcycle in front of you. Do not tailgate.

2. Be aware, especially at night, that other drivers may be impaired. Be on guard and pay attention to others’ driving abilities and be sure to avoid any unusual activity.

3. Do not text and drive. In recent news, Florida banned texting while driving. Be sure to follow the new law changes.

4. Do not speed. Excessive speed is a common result with accidents. Allow an extra fifteen to twenty minutes time for driving safely to and from your destinations.

5. Be in a constant defensive driving mode and be ready to react to sudden stops or changes in your surrounding environment.

This time of year is meant to be a celebration for many. Protect yourself and your loved ones as best you can. Read these precautions and alert.

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Texting while driving banned in Florida 2011

This just in by ABC Action news, Those who text while driving in the state of Florida may have some serious motivation to break the habit.

The Senate Transportation Committee approved the no texting and driving bill by a 10-0 Wednesday. The House companion bill, however, has not made it’s way through the committee process yet.

Offenders caught breaking the ban on texting while driving would face six points on their driver’s licenses, court costs and a $30 fine, according to a North Escambia news report .

The law prohibits driving while manually typing or entering any keys on a wireless device as well as reading messages on those devices.

The exceptions to the rule are those who use hands-free devices and emergency responders.

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