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[description] => Florida Attorney's Injury & Accident and Estate Planning Resources
Our researchers gathered helpful information to offer in our free legal library so you can find all the answers you need to your estate planning questions and injury or accident questions in one place. When you need a source for accurate, reliable information, look no further than these helpful, easy-to-read articles.
Included here are articles from our monthly newsletters as well as answers to questions our firm gets regularly.
If you're in need of an estate plan or were injured in an accident in South Florida, contact our office today to schedule a Free Consultation: (954)755-7803More free resources:
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Why You Need GAP Car Insurance in Florida
There’s nothing like that feeling of driving off a car lot with your dream car. You’ve saved your money, placed your down payment, been approved for your auto loan, and now you are a car owner. Congratulations! Your dream has become a reality.
But something that isn’t so dream-like is the fact that each year, millions of cars are totaled in car accidents. Even worse is that many drivers lose money when their cars are totaled because they don’t have GAP insurance. Many people don’t even know what GAP insurance is, let alone why it's so important.
What Is GAP Car Insurance?
Simply put, GAP stands for Guaranteed Asset Protection and it is used when your car is totaled in a car accident, but insurance - whether your car insurance policy or the policy of the at-fault driver - will not pay the full amount of what you owe on your car loan. Right now, you may be saying, “But I have full coverage. Doesn’t that mean that I’m covered?” The answer is no.
A car insurance company is not required to pay off the balance you owe on your car loan, even if the car is totaled in an accident that was someone else's fault. They are only required to compensate you for the current value of the vehicle. Here’s an example of what that looks like:
Say you own a 2018 Toyota Camry. You bought the car for $24,000 and currently owe $20,000 on your car loan. Your vehicle was totaled in an accident, but the Kelley Blue Book value of your car is only at $16,000. The car insurance agency is only required to pay you $16,000, not the full $20,000 you owe on the car. This leaves you with $4,000 loss.
If you have GAP insurance, however, it should cover the remaining $4,000 so you are not paying out of pocket to pay back your car loan.
How Gap Insurance Helps You in A Car Accident in Florida
For most of us, being a car owner is an important goal once you hit your teenage years. It symbolizes adulthood and independence, but it also comes with risks. I’ve talked before about how dangerous Florida roads are and the importance of being insured, but even full-coverage car insurance doesn’t cover everything.
Getting into a Florida car accident is stressful enough but adding possible debt to the equation is taxing on the mind. Without GAP Insurance, there is no guarantee that you will receive the full value of your car. Because of this, if your vehicle is totaled in an accident, you may be left still paying a car loan for a car you no longer can drive.
Factors That Increase the Need for Gap Car Insurance in South Florida
You must keep in mind that if your car is totaled in an accident, your insurance company is only required to pay you the cash value of your car which is NOT the same as however much you might still owe on your car.
Also, remember that the value of your car decreases every day that it is off of the lot. There are a number of additional factors that can decrease the payout that Kelley Blue Book or other vehicle valuation companies suggest. These factors are all more reasons to invest in GAP insurance to protect your car.
If you have gap insurance, you can avoid rolling the loan amount from your totaled car into your new vehicle loan. Rolling in an old loan is an option that many people use when trading in a car or other similar scenarios. One of the problems with rolling an old loan into a new auto loan is that it decreases the cash value of the current car you are driving. If you roll an old car balance onto your current or new car's loan, then you should definitely consider GAP insurance to ensure you are covered if your car is totaled because your loan will not only include the value of your current car but also partial value from your old car.
Another factor that increases your need for GAP insurance is a high APR (annual percentage rate) on your car loan. Recall that with a high APR, most of your monthly payment is going toward the interest you owe on the vehicle and not the actual principal balance. This means that it will take you longer to pay off the car loan and you can end up owing more on the car than its actual value.
Let’s Recap: Why You should get Gap insurance for your car in Florida
Not many people know what GAP insurance is, but after reading this article, now you know it stands for Guaranteed Asset Protection and it covers you in the case where your car is totaled, and the cash value is less than what you owe on it. You also know the risk factors that heighten your need for GAP insurance and especially the need to have GAP insurance if you are a Florida driver. You can talk to your car insurance provider to see if gap insurance is something you can add to your policy, or you can usually purchase it independently as an additional insurance policy.
Have You Been Injured In A Florida Car Accident? We offer FREE consultations for Florida Car Accident victims
Call to schedule your free consultation today: (954) 755-7803
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[post_content] => When it comes to cases involving DUIs, you will have more leverage if you wait to seek a settlement until after the at-fault driver has been convicted of driving under the influence (DUI). You are likely to get a higher settlement offer from the insurance company because they try their best to avoid a lawsuit that ends up in front of a judge and jury, since the outcome is usually favorable towards the victim of DUI cases. If a civil suit ends up being filed, the case will most likely end in a pre-trial settlement in a final effort of the insurance company avoiding court. The fact that the at-fault driver was found guilty of a DUI gives your attorney an advantage in negotiations for higher compensation from the driver’s insurance company.
If the negligent driver was cited with a DUI, it will most likely be in the police report on your case file, which is used when sending the demand letter to the insurance company. The demand letter that gets sent to the insurance company includes an explanation of the accident that proves their client is fully liable for the accident. Your attorney should be thorough in making sure their DUI is mentioned in proving their negligence and their liability (see blog on protecting yourself).
At the Law Office of Andrew G. Rosenberg, we fully understand the severity of driving under the influence and are dedicated to making sure that drivers who unfortunately choose to do so are held accountable for their deplorable choices. The damages that a drunk driver can cause when involved in a car accident often go way beyond minor injuries and although every case is different, we know there is no adequate compensation for the loss and pain caused by any accident, especially when a DUI is involved. Andrew Rosenberg, PA is dedicated to getting his clients what they rightfully deserve in those situations.
Have You Been Injured In A Florida Car Accident?
If you've been hurt in a car accident you need to speak with an experienced Florida car accident lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County and all points in between.
[post_title] => DUIs and How To Be Rightfully Compensated In A Car Accident
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South Florida Car Accident Lawyer Explains What to do After Your Car is Totaled in a Florida Car Crash
When you are involved in a South Florida car accident case, one of the main goals is to minimize your expenses from the accident. One of the expenses that can be avoided is a tow yard fee. If your car was totaled in the accident and was taken to a Florida tow yard from the scene of the crash, it's possible to avoid the tow fee.
The tow yard fees vary depending on the company, but it is usually a specific rate per day that your car is in their tow lot. With all the commotion that follows a car accident in South Florida, it's often easy for the tow yard rates to add up and to lose track of how many days your car has been at the tow lot.
We have seen clients accidentally forget about their cars being at the tow yard because of all the other things they are worried about, and then they are stuck having to pay back the tow yard from a portion of their settlement money after we get a great resolution to their injury case.
The first priority after a car accident is of course seeking medical treatment and making sure you are getting the treatment and care you need. Once your immediate medical needs are taken care of, it's important to find another place for your car other than the tow yard.
How do I get my car out of a Tow Yard after a Florida Car Accident?
Your first option is to file a claim with your car insurance company.
When you file an insurance claim, one of two things will happen. They will send a car insurance agent (an adjuster) to the tow yard to access the damages your vehicle suffered in the accident, and then insurance will arrange for your car to be towed to a repair shop. Or, your car will be towed to your insurance company's nearest location.
Your collision coverage should cover the damages to your car from the accident, or your insurance company will reach out to the at-fault driver's insurance company for repayment.
If you choose to file a property damage suit, however, it does not have anything to do with your personal injury case from the car accident. If going through your car insurance is not an option right away, try having your car towed to your home or the home of a trusted relative or friend in the meantime to avoid incurring high costs for storing your car.
There is also an option for you to take on the scene of the crash, if you're able.
If you are capable of communicating with the Florida tow truck driver at the accident scene, you can ask them to tow your car to a specific location. You can ask for your car to be towed to a repair shop, your insurance company's parking lot, or another safe and reliable place.
In that case, you will be responsible for the towing fee, however, it could save you money in the long run since you won't have to pay a daily storage fee - whether in cash or from your settlement funds - if it's taken to the tow yard.
Was Your Car Totaled in a Car Crash? Were You Injured In A Florida Car Accident?
If you've been hurt in a Flroida car accident you need to speak with an experienced Florida car accident lawyer as soon as possible. Please contact us online or call our Coral Springs law office directly at (954) 755- 7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County, and all points in between.
There’s nothing like that feeling of driving off a car lot with your dream car. You’ve saved your money, placed your down payment, been approved for your auto loan, and now you are a car owner. Congratulations! Your dream has become a reality.
But something that isn’t so dream-like is the fact that each year, millions of cars are totaled in car accidents. Even worse is that many drivers lose money when their cars are totaled because they don’t have GAP insurance. Many people don’t even know what GAP insurance is, let alone why it's so important.
What Is GAP Car Insurance?
Simply put, GAP stands for Guaranteed Asset Protection and it is used when your car is totaled in a car accident, but insurance - whether your car insurance policy or the policy of the at-fault driver - will not pay the full amount of what you owe on your car loan. Right now, you may be saying, “But I have full coverage. Doesn’t that mean that I’m covered?” The answer is no.
A car insurance company is not required to pay off the balance you owe on your car loan, even if the car is totaled in an accident that was someone else's fault. They are only required to compensate you for the current value of the vehicle. Here’s an example of what that looks like:
Say you own a 2018 Toyota Camry. You bought the car for $24,000 and currently owe $20,000 on your car loan. Your vehicle was totaled in an accident, but the Kelley Blue Book value of your car is only at $16,000. The car insurance agency is only required to pay you $16,000, not the full $20,000 you owe on the car. This leaves you with $4,000 loss.
If you have GAP insurance, however, it should cover the remaining $4,000 so you are not paying out of pocket to pay back your car loan.
How Gap Insurance Helps You in A Car Accident in Florida
For most of us, being a car owner is an important goal once you hit your teenage years. It symbolizes adulthood and independence, but it also comes with risks. I’ve talked before about how dangerous Florida roads are and the importance of being insured, but even full-coverage car insurance doesn’t cover everything.
Getting into a Florida car accident is stressful enough but adding possible debt to the equation is taxing on the mind. Without GAP Insurance, there is no guarantee that you will receive the full value of your car. Because of this, if your vehicle is totaled in an accident, you may be left still paying a car loan for a car you no longer can drive.
Factors That Increase the Need for Gap Car Insurance in South Florida
You must keep in mind that if your car is totaled in an accident, your insurance company is only required to pay you the cash value of your car which is NOT the same as however much you might still owe on your car.
Also, remember that the value of your car decreases every day that it is off of the lot. There are a number of additional factors that can decrease the payout that Kelley Blue Book or other vehicle valuation companies suggest. These factors are all more reasons to invest in GAP insurance to protect your car.
If you have gap insurance, you can avoid rolling the loan amount from your totaled car into your new vehicle loan. Rolling in an old loan is an option that many people use when trading in a car or other similar scenarios. One of the problems with rolling an old loan into a new auto loan is that it decreases the cash value of the current car you are driving. If you roll an old car balance onto your current or new car's loan, then you should definitely consider GAP insurance to ensure you are covered if your car is totaled because your loan will not only include the value of your current car but also partial value from your old car.
Another factor that increases your need for GAP insurance is a high APR (annual percentage rate) on your car loan. Recall that with a high APR, most of your monthly payment is going toward the interest you owe on the vehicle and not the actual principal balance. This means that it will take you longer to pay off the car loan and you can end up owing more on the car than its actual value.
Let’s Recap: Why You should get Gap insurance for your car in Florida
Not many people know what GAP insurance is, but after reading this article, now you know it stands for Guaranteed Asset Protection and it covers you in the case where your car is totaled, and the cash value is less than what you owe on it. You also know the risk factors that heighten your need for GAP insurance and especially the need to have GAP insurance if you are a Florida driver. You can talk to your car insurance provider to see if gap insurance is something you can add to your policy, or you can usually purchase it independently as an additional insurance policy.
Have You Been Injured In A Florida Car Accident? We offer FREE consultations for Florida Car Accident victims
Why You Need GAP Car Insurance in Florida There’s nothing like that feeling of driving off a car lot with your dream car. You’ve saved your money, placed your down payment, been approved for your auto loan, and now you are a car owner. Congratulations! Your dream has become a reality. But something that isn’t…
When it comes to cases involving DUIs, you will have more leverage if you wait to seek a settlement until after the at-fault driver has been convicted of driving under the influence (DUI). You are likely to get a higher settlement offer from the insurance company because they try their best to avoid a lawsuit…
South Florida Car Accident Lawyer Explains What to do After Your Car is Totaled in a Florida Car Crash When you are involved in a South Florida car accident case, one of the main goals is to minimize your expenses from the accident. One of the expenses that can be avoided is a tow yard…