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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)755-7803
More free resources:
Visit our FAQ page for answers to frequently asked questions about the law in South Florida.
See our videos to learn more about injury and estate planning law.
Check out our estate planning and injury & accident blog.
Read our Client Success Stories in our case results.
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[post_content] => 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
If you were hurt in a Florida 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.
Call to schedule your free consultation today: (954) 755-7803
[post_title] => The Importance Of GAP Insurance In Florida Auto Accident
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[post_content] => There are only two aspects that every Florida auto insurance policy must include:
- $10,000 in PIP (Personal Injury Protection, aka “no fault” insurance)
- $10,000 in PDL (Property Damage Liability)
PIP- Personal Injury Protection
Your Personal Injury Protection will cover 80% of your medical expenses and 60% will lost wages, up to $10,000, following an accident regardless of who is found at fault. Most of the time, this amount is not enough to cover your total medical cost, which is why seeking an attorney that will work to get you sufficient compensation, is the best idea. It also important to note that if your providers do not consider your injury an emergency medical condition, you will only be entitled to receive $2,500 of your PIP coverage. In most cases, though, the injuries following an accident are considered to be emergency medical conditions.
PDL- Property Damage Liability
Unlike PIP, PDL only comes into play if you are found at fault for an accident. It only covers damage of the other driver’s personal vehicle, not medical expenses related to the injuries sustained. The $10,000 for PDL is only the minimum requirement; you are able to raise that by paying a higher premium.
Additional Coverage That Is Not Required, But Should Be Considered
If you choose to include a coverage called MedPay, or Medical Payments, in your insurance policy, you will be entitled to get more of your medical bills paid. For example, if you have $5,000 in MedPay and your total bill is $15,000, it will all be taken care of because $10,000 will be covered with PIP and the $5,000 from your MedPay. This benefits you because the settlement you get from the at-fault insurance company can go straight to you without having to pay off the medical bills first.
Bodily Injury Liability is another important plan to consider when shopping for an auto insurance policy. Purchasing BI coverage protects your assets if you are to be found at fault for an accident. It covers the expenses of the injured party that you hit so that they will not try to go after your assets if you were to not possess BI coverage. If someone else hits you, your attorney will go after his or her BI for compensation.
If you are in an accident and the negligent driver does not have BI coverage, or not enough BI coverage, you can use something called Uninsured/Underinsured Motorist Coverage (UM) from your policy. Once PIP is used up and the at-fault party does not have BI, your UM coverage kicks in. Florida law requires insurance companies that offer BI to offer an equal amount of UM coverage for each policy.
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] => Only Two Items Are Required In Auto Insurance For Florida?
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[post_content] => 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.
Call our Coral Springs Car Accident Law Firm (serving all South Florida) to Schedule a FREE Consultation Today: (954) 755-7803
[post_title] => Car Totaled In Florida Accident, What Do I Do? Lawyer shares
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[post_content] => Florida Scooter Accidents Explained by South Florida Injury Attorney
With the growing public use of electric and motor scooter rentals in large cities, especially those in Florida, it’s become more common for our personal injury law office to get questions about scooters. Several factors will determine if you have a sufficient case for a personal injury claim from a scooter accident. We'll walk through a few of the factors in this blog.
Who can be considered liable in a Florida Scooter Accident?
Many bike crashes result in serious injuries, especially in Florida, where there are more motorcycle accident fatalities than in any other state and nearly 20% of traffic deaths occur in motorcycle crashes. Numbers like these can give rise to “biker bias”—the assumption that motorcycle riders are reckless and cause a lot of accidents. However, USF’s Center for Urban Transportation Research conducted a 10-year study of Florida bike accidents and determined that the other motorist was at fault 60% of the time.
If you’ve been injured in a motorcycle wreck in Florida, it’s possible that you were the victim of a negligent motorist who was driving recklessly, was impaired, or was violating traffic laws relating to motorcycles. A motorcycle accident attorney can help you protect your right to fair compensation.
If you’re recovering from serious injuries or possibly adjusting to life-changing circumstances like brain trauma or permanent disability, it will be very hard for you to do your own investigation of the accident, evaluate the worth of your claim, and fight the insurance company’s lawyers. Only an experienced motorcycle accident attorney can handle these vital elements of your case to be sure you get the justice you deserve.
Because the serious injuries often caused by a motorcycle accident can lead to higher awards than other vehicle accidents, the defendant’s insurance adjusters are going to work even harder than usual to save money for their company by disputing your claim, offering you a low settlement early, and/or claiming that you were partially or fully at fault. An experienced attorney will know how to:
Many victims of motorcycle accidents hurt their chances to receive just compensation by not knowing the right steps to take or the mistakes to avoid immediately after the accident. The sooner you consult an attorney, the more likely you are to avoid the common mistakes that can weaken your case and reduce your award.
Seeking legal representation right away also gets your investigation started while the accident is fresh in your mind and the minds of any witnesses. You don’t want to wait until memories get fuzzy and crucial evidence is lost or misplaced.
It is likely that you will have to give a deposition in which you answer the questions of the at-fault driver’s insurance company’s lawyers. This proceeding might make you nervous and perhaps result in answers that are harmful to your case if you have no legal representation. Your attorney can prepare you for your deposition so that you can respond in a way that will help your claim.
If your case should go to trial, your lawyer can prepare you for that proceeding as well, helping you to overcome any prejudice on the part of the judge or jurors against motorcycle riders. Bike crash statistics, your own good driving record, and other helpful data and information will all be integrated into your case by your attorney.
Consulting an experienced motorcycle accident lawyer as soon as possible will put you in the best position to get the compensation you deserve. Contact us online, start a chat, or call our Coral Springs office at 954-755-7803 to schedule a free consultation. We take cases on a contingency fee basis, so you pay no attorney fees until we win your case.
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Not every motorcyclist who has an accident needs a lawyer. If you had an accident in which no one else was involved, damage to your bike was minor, and/or you weren’t injured, you might not require legal representation. Many bike crashes, however, do cause serious injuries—especially in Florida, where there are more motorcycle accident deaths than in any other state and nearly 20% of traffic deaths occur in motorcycle wrecks.
Statistics like these can lead to the notion that motorcycle riders are reckless and cause many accidents, which is not necessarily true. The Center for Urban Transportation Research at USF conducted a 10-year study of Florida motorcycle wrecks and found the other driver was to blame 60% of the time. If you’ve been injured in a motorcycle wreck in Florida, it’s very possible that you were the victim of an at-fault motorist driving recklessly, impaired, or violating traffic laws.
If you’re a motorcyclist injured by a negligent driver in Florida, you may file a claim seeking compensation for medical bills, lost wages, property damage, and pain and suffering—just as any accident victim can. As a motorcyclist, though, you are likely to encounter an obstacle that other accident victims don’t: biker bias.
Unfortunately, there are many people today who see you as a wild, reckless thrill-seeker or an outlaw on two wheels with no regard for safety or traffic laws. If you had an accident, they’re sure it was your fault. This type of prejudice, which affects your chances of getting fair compensation, can be found among several groups of people:
As common as it is, this stereotypical idea could not be further from reality. Approximately 75% of motorcycle wrecks involve a bike and one or more cars. In most of those cases, the driver of a car causes the crash by disobeying a traffic light or stop sign and failing to yield the right of way to a motorcycle at an intersection. Accidents are also caused by poor road conditions, over which the motorcyclist has no control. Still, other crashes happen when drivers don’t pay attention to motorcycles merging, turning, or changing lanes.
Whatever the cause, injuries suffered in a motorcycle wreck are usually more severe than those sustained by drivers or passengers in closed vehicles. Some common motorcycle accident injuries are:
One or more injuries like these can lead to soaring medical bills, long-term recovery/treatment, lost wages, disability requiring lifelong care, and/or extreme physical and mental pain and suffering. Prejudice on the part of insurance adjustors, jurors, or judges might make it hard for you to receive the high award you deserve as compensation for your damages. An experienced motorcycle accident lawyer knows how to overcome this stereotypical thinking, whether during negotiations with insurance companies or in court if your case goes to trial.
Because of potential bias, you can’t rely solely on the accident report prepared by the police or the defendant’s insurance company, which will do anything it can to dispute your claim and offer you a low award. Your lawyer knows this and will:
| Related Links: |
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.
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.
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.
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.
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.
• January 26, 2022
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…
Read More• January 26, 2022
There are only two aspects that every Florida auto insurance policy must include: $10,000 in PIP (Personal Injury Protection, aka “no fault” insurance) $10,000 in PDL (Property Damage Liability) PIP- Personal Injury Protection Your Personal Injury Protection will cover 80% of your medical expenses and 60% will lost wages, up to $10,000, following an accident…
Read More• January 26, 2022
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…
Read More• January 26, 2022
Florida Scooter Accidents Explained by South Florida Injury Attorney With the growing public use of electric and motor scooter rentals in large cities, especially those in Florida, it’s become more common for our personal injury law office to get questions about scooters. Several factors will determine if you have a sufficient case for a personal…
Read More• January 26, 2022
Many bike crashes result in serious injuries, especially in Florida, where there are more motorcycle accident fatalities than in any other state and nearly 20% of traffic deaths occur in motorcycle crashes. Numbers like these can give rise to “biker bias”—the assumption that motorcycle riders are reckless and cause a lot of accidents. However, USF’s…
Read More• January 26, 2022
Not every motorcyclist who has an accident needs a lawyer. If you had an accident in which no one else was involved, damage to your bike was minor, and/or you weren’t injured, you might not require legal representation. Many bike crashes, however, do cause serious injuries—especially in Florida, where there are more motorcycle accident deaths…
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