South Florida Injury Attorney Blog

A family in the Tampa area is upset after employees of the dealership that was supposed to repair their car got it involved in an auto accident in St. Petersburg. Tampa Bay’s WTSP reported Dec. 10 that the Fisher family is asking for a new car after Crown Honda dealership employees involved their Honda Civic in an accident while test driving the vehicle. The family had brought in the car to investigate a “check engine” light and signed a standard form allowing the dealership to test drive it. That’s what the dealership says it was doing when another driver ran a red light and smashed into the car, doing $7,000 worth of damage.

No injuries were reported, fortunately, and the article does not suggest that the dealership employees were at fault for the crash itself. However, on hearing about the accident, the family immediately noticed that the time of the accident was 10:21 p.m. Asked what the employees were doing with the vehicle so late, the dealership admitted that they took it to an after-hours flag football game, to check for problems as they drove. The dealership says it frequently sends technicians home with vehicles in for repair, in order to see if they can reproduce the reported problems, and that it notifies its customers when it does this. The Fishers claim they got no such notification.

Regardless of the legalities, full disclosure seems like the best policy if dealerships plan to take repair cars out after hours. But depending on the circumstances, the dealership might also be liable in any Florida auto accident lawsuit the Fishers choose to file. The article notes that the mother of the family signed a waiver authorizing a test drive -- but she doesn’t feel that the 10 p.m. football trip counts as a test drive. A jury might agree, especially if the language of the waiver was misleading or there’s evidence that “test drives” generally take place during business hours. It’s hard to say without more information than the article could provide.

However, what is clear is that the Fishers still have a claim against the driver who ran the red light. In Florida and other states, it doesn’t matter whether the car is borrowed; a driver who causes an accident is still liable for any damage and injuries. If the at-fault diver is uninsured, victims may still be covered by their own UM/UIM or comprehensive auto insurance, even if none of the insureds were driving. If insurers refuse to pay these legitimate claims, Cohn, Smith & Cohn can help accident victims file a Florida auto accident lawsuit to claim the settlement that’s rightfully and legally theirs. If you’re in this situation and would like to speak to an experienced Florida attorney about your options, please contact us to set up a free consultation.

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Posted In: automobile accidents , insurance coverage

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If you ride a motorcycle in Florida -- or plan to soon -- you’ve probably heard about the new state law requiring new riders to pass a training course before they get their licenses. If you haven’t, here’s a brief summary: People of any age who would like a brand-new motorcycle endorsement on a Florida license must first pass a Basic RiderCourse from the Motorcycle Safety Foundation. Before, this was only true for riders under 21. People who already have motorcycle endorsements aren’t affected. The Florida DMV has more information.

I ride myself (I have a Harley Road King Classic and a Big Dog Ridgeback chopper, and my wife rides a Harley Softtail Deluxe), and I don’t mind admitting that I wouldn’t like being told what to do by the government if I were a new rider. However, as a personal injury attorney who’s handled many motorcycle accident cases, I believe this law could greatly benefit riders. That’s not so much because it’ll make riders safer. Of course, I hope and believe a training course will make inexperienced riders think twice about advanced or dangerous moves. But the landmark study on motorcycle accident causes, the Hurt Report, found that at least half of all motorcycle accidents are caused by drivers of cars and trucks who violate the motorcyclist’s right of way. In fact, it said drivers’ failure to look for or see riders is “the predominating cause of motorcycle accidents.” If you’re on the road frequently, you can probably confirm that from your own experience.

No, I’m pleased about this training law because it will make it harder for insurance companies to make motorcyclists look reckless. As a personal injury lawyer in Fort Lauderdale, I frequently represent people who were seriously injured in accidents, and serious injuries can be expensive. Some insurance companies don’t want to pay expensive claims -- even though they’re obligated to by their own contracts -- so they try to make the accident look like the rider’s fault. Unfortunately, in front of a jury with negative preconceptions about motorcycles, this can be easy. But if I can point to my client’s Motorcycle Safety Foundation certification, I have built-in evidence that my client knows what it takes to stay safe on the road. (Wearing a helmet and other protective gear also helps demonstrate this.)

Of course, the best way to avoid stupid insurance tricks is to not need to make a claim. But if you were hurt in a motorcycle accident despite your best efforts, you should contact my firm, Cohn, Smith & Cohn, for a free evaluation of your case.

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Posted In: insurance coverage , motorcycle accidents

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With South Florida buttoned down today in anticipation of Tropical Storm Fay, I’ve got insurance on my mind. If that seems like a strange thing to think about, well, you’re probably not a personal injury lawyer in South Florida. Much of my job involves trying to get my clients what they’re owed by an insurance company -- an auto, malpractice, homeowners’ or liability insurance company. In some cases, that’s not as easy as you might think.

As homeowners in South Florida have known for years -- and as a lot of folks on the Gulf coast learned after Hurricane Katrina -- insurers don’t like having to pay out lots of expensive claims at once. That’s why they try to price-gouge those of us who live in storm-prone areas, and sometimes try to avoid paying claims altogether after an expensive accident. For homeowners, the tricks can be as simple as redefining one type of damage as another type that isn’t covered. In other cases, the insurer might blame you for your accident, try to pay less than it owes or ignore your calls and letters altogether.

In addition to undermining the point of insurance in the first place and victimizing policyholders a second time, refusing to pay a legitimate claim is an illegal breach of contract. You can complain about illegal behavior to the Florida Office of Insurance Regulation, of course. But if you’ve lost substantial money, you should also consider an insurance bad faith lawsuit, which will help you recover the cost of what you lost. Sometimes, it can also punish the insurer for illegal or very unethical behavior with even higher payments.

Luckily, experts predict that Fay will pass us by without causing any serious damage. But if your vehicle, home or other property is badly damaged in this or any other storm and your insurance company won’t pay what it owes, contact Cohn, Smith & Cohn to learn more about your rights and your legal options.

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Posted In: insurance coverage

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