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Florida Insurance Defense Questions & Answers
1 Answer | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Florida on
Q: How to word an email to State Farm for bodily injury policy disclosure after accident.

I was involved in a vehicle accident on January 14, 2025, in which I am not at fault. The other driver's insurance, State Farm, has accepted fault. I am representing myself and need assistance in composing a professional email asking State Farm to disclose the bodily injury policy's... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Apr 25, 2025

Hi there,

For your State Farm policy email, keep it short and direct. Start with your claim number and accident date (January 14, 2025), then clearly request the bodily injury policy limits disclosure, noting they've accepted fault. Mention your documented injuries (herniated discs,...
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6 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Florida on
Q: Can I switch law firms for better compensation from Uber after they stopped communicating?

I was injured as an Uber passenger 56 days ago, and while Uber initially accepted responsibility and filed a claim with their insurance on my behalf, they stopped communicating after I provided my medical records. My current attorney has submitted a demand request, but they mentioned I cannot begin... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 15, 2025

Yes. You are in the driver seat and call all the shots. You can terminate your representation at any time, but the attorney may have a charging Lien if there has already been a settlement offer that he has procured for you from the insurance company. This is known as a quantum meruit lien. However,... View More

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6 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Florida on
Q: Can I switch law firms for better compensation from Uber after they stopped communicating?

I was injured as an Uber passenger 56 days ago, and while Uber initially accepted responsibility and filed a claim with their insurance on my behalf, they stopped communicating after I provided my medical records. My current attorney has submitted a demand request, but they mentioned I cannot begin... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Apr 15, 2025

Before you change anything, you need to have a face to face with your current attorney. There is no reason you cannot pursue therapy or any other treatment while the demand process is ongoing. As far as Uber accepting responsibility, double check on that with your attorney on that. That is somewhat... View More

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6 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Florida on
Q: Can I switch law firms for better compensation from Uber after they stopped communicating?

I was injured as an Uber passenger 56 days ago, and while Uber initially accepted responsibility and filed a claim with their insurance on my behalf, they stopped communicating after I provided my medical records. My current attorney has submitted a demand request, but they mentioned I cannot begin... View More

Jordan Blair Wright
Jordan Blair Wright
answered on Apr 15, 2025

Hi there! Sorry you’re going through this. Getting hurt is hard enough without feeling like you're stuck in limbo.

The short answer is yes—you’re allowed to choose a different attorney if you’re not comfortable with how your case is being handled. Clients have the right to make...
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4 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Florida on
Q: What legal actions can I take for a hit-and-run car wreck in Florida?

I was involved in a hit-and-run car wreck. I've reported the incident to the police and filed a claim with my insurance company. Morgan & Morgan is handling my case. I have been injured and received medical attention, and my vehicle has sustained damage. What steps should I take next, or... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Apr 25, 2025

Hi there,

In Florida after a hit-and-run, focus on your ongoing medical treatments. You should definitely get in touch with Morgan & Morgan, understand your PIP coverage (covers first $10,000 in medical expenses regardless of fault), and utilize uninsured motorist coverage if available....
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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Florida on
Q: Who is at fault in a T-bone accident when one car blocks both lanes?

My sister was involved in a car accident where she T-boned a vehicle that was stationed sideways, blocking both lanes on a long road. Despite having the right of way, the police mentioned that she had enough time to stop but miscalculated the distance because the other vehicle was turned sideways.... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 9, 2025

So the police do not determine who is at fault for an accident. The police report is not admissible as evidence of who was negligent. Your sister should retain an attorney here in Florida on contingency fee, which means she pays nothing unless she wins.

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1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Florida on
Q: Received $1800 invoice for damage after rear-ending a rental car.

I was driving a rental car and rear-ended another driver who was also in a rental—specifically, a loaner from a dealership. The damage appeared minimal at the time, and we exchanged information. Recently, I received an invoice for $1800 from a body shop regarding the other driver's vehicle.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Florida attorney could advise best, but your question remains open for a month. I'm sorry about your accident. I hope all involved are okay. A starting point could be to review the terms of your rental and what it covers in terms of property damage. Based on the facts the post, it isn't... View More

4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Unauthorized driver totaled my car in accident; other driver at fault. What should I do?

I lent my car to my cousin while he was visiting for the weekend. His friend took my car without permission and was involved in a car accident, totaling the vehicle. The police are not aware of the unauthorized use, as my cousin did not report it. The other driver was at fault, but the unauthorized... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2025

I assume you have made total disclosure to your insurance company of the facts. If not, you need to do so immediately. I'm guessing from your description that the unauthorized individual is attempting to receive the PIP benefits under your policy for payment of medical bills and/or is... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

James Clifton
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James Clifton
answered on Mar 10, 2025

Yes, you have a case. If the cord was in a location where you couldn't reasonably expect it, or it wasn't clearly visible, this could be considered a hazardous condition that your friend was responsible for addressing. You definitely want to work with a premises liability attorney.... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2025

Yes, I think you have a claim. Your claim would be stronger if you took a picture to show that the cord was concealed or hidden from obvious view. However, that would not be indispensable for you to pursue a claim. You should retain an attorney on contingency fee here in central Florida, which... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Mitchell Feldman
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Mitchell Feldman
answered on Mar 10, 2025

You do have a claim for negligence. Medicaid will have a lien on the recovery, and generally in any personal injury case, the insurance carrier, medicaid or medicare have liens on the recovery. I think time is of the essence. Generally the homeowners insurance should provide some level of... View More

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2 Answers | Asked in Personal Injury, Real Estate Law, Landlord - Tenant and Insurance Defense for Florida on
Q: Liability for slip and fall in iced over rented commercial property in FL.

My friend slipped and fell in the parking lot of my rented commercial property in Florida, which was iced over and had no warning signs. She requires surgery but did not notify the property owners because she said she has insurance and will be fine. I am required to maintain insurance for in and... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

If there's FAULT on your part, liability could potentially lie with both you [your business] and the landlord. Whether there's any potential court-finding of fault is an issue that would take a close examination of the facts and circumstances.

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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

James Clifton
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James Clifton
answered on Feb 20, 2025

I'm sorry to hear about the loss of your son. Any time there is a death or serious bodily injury, you need to be represented by an attorney. Determining fault is key to your wrongful death claim. Your son could bear responsibility if he drove negligently. The friend might be liable for letting... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 20, 2025

Well, I’m sorry to hear about the passing of your loved one and I extend my deepest condolences.

So from your facts, it’s ambiguous as to whether there was another car involved in this accident. The central question in this case is who caused the accident? If there was another vehicle...
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2 Answers | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is a plaintiff required to respond to defendant's opposition to an amended complaint?

provide rule governing response to amended pleading

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2024

It depends on (A) what you mean by "opposition" to an amended complaint (motion to dismiss?, answer and affirmative defenses?), and (B) which court you're in (State or Federal, and if in State, which level (small claim or a level above small claim?). I therefore suggest you post a... View More

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2 Answers | Asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida on
Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

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1 Answer | Asked in Foreclosure, Insurance Defense and Real Estate Law for Florida on
Q: Is it legal for a lender to change lien position from second to first?

I was accidentally CC'd on several emails between my homeowner's insurance agent and my lender. The lender instructed the agent to change his lien placement from second position to first, and she complied, citing the addition of force-placed insurance as justification. When I originally... View More

James L. Arrasmith
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answered on Apr 12, 2025

Lien positions generally follow the "first in time, first in right" rule, which means whichever lien is recorded first in the land records has higher priority than later recorded liens. www.nolo.com This established principle determines which lenders get paid first from any proceeds in... View More

1 Answer | Asked in Health Care Law, Consumer Law and Insurance Defense for Florida on
Q: Doctor won’t remove stent, asks $400 upfront despite insurance coverage

I had a stent placed after kidney stone surgery at a hospital that accepted my insurance. However, the doctor who placed the stent won't remove it because I can't pay $400 upfront, as his private office doesn't accept my insurance. My insurance covered the procedure, which included... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you’re going through is not just confusing—it’s medically urgent and completely unfair. If your insurance covered the procedure, including the placement of the stent, it’s reasonable to expect the removal to be part of that care. The fact that the doctor now refuses to remove it unless... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Florida on
Q: Should my dependent student daughter in Florida get her own auto insurance to protect my assets?

I live in Florida and have a 19-year-old daughter who is a full-time student and financially dependent on me. She owns her car outright and currently, I cover her with my auto insurance policy. I am considering whether it's a good idea for her to have her own auto insurance policy. Would... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

A Florida attorney could advise best, but your question remains open for two weeks. Yes, your concerns are valid. It would definitely be a good idea to consider a separate policy. A Florida attorney could advise definitively as to any state-specific laws, but as a general rule, the answer to your... View More

1 Answer | Asked in Family Law and Insurance Defense for Florida on
Q: Court ordered medical insurance for a exspouse who is going on Medicare and did not choose a part C plan. Part A and B

Not an issue, but pharmacy insurance is being demanded as well. If she chose not to take an advantage plan which included pharmacy does the ex have to add this additional coverage and cost. The order States that each party is responsible for their own uninsured medical, dental, hospital, optical,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 16, 2024

You need to follow the court order as you understand it. If it is ambiguous and there is a dispute then you have to go back to court. As long as you believe that you can justify your interpretation then do it and let the other party dispute it.

Speak with a local family lawyer for more...
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