Auto Accident Attorney of Naples, FL

Call Us Today! 239.298.8375

Se Habla Español

Physical Address: 3765 Airport-Pulling Rd N Suite 201 Naples, FL 34105

Mailing Address: 8805 Tamiami Trail N #364 Naples, FL 34108

FLORIDA HIT AND RUN ACCIDENTS -THE IMPORTANCE OF UM INSURANCE- PART II

Ari • May 17, 2017

UM (uninsured/underinsured) is that type of automobile insurance that covers losses caused by drivers who have no insurance, or do not have enough insurance, to fully compensate for the losses they have caused. Under most auto insurance policies, this includes the losses caused by a hit and run driver who is never found. So, if you are the victim of a hit and run driver who has left the scene of an accident and who is never identified, your own insurance carrier can provide the insurance coverage you may need.

The amount of UM coverage you purchase is up to you, but you should keep several things in mind. Depending on what you can afford, the general principle is that more is better. First, consider the high cost of medical care, especially if hospitalization or surgery is required. You should realize that these days a typical trip to the emergency room simply to be checked out and released can often cost in the range of $4,000 to $7,000 for the ambulance and the hospital alone. If an emergency requires a medevac (helicopter) transport to the ER, this alone can be another $5,000 to $10,000. It is not uncommon for the cost of hospitalization and surgery to approach or exceed $100,000. So, UM coverage of at least $100,000 is highly recommended; while coverage of $250,000 or even $500,000 is preferable. However, by law, the amount your UM coverage will be limited to the amount of your BI (bodily injury) liability coverage. To enhance your UM coverage, one great option is “stacking.” Stacking allows you to add together the amount of the UM coverage you may have on other vehicles you own. So, if you have $100,000.00 of UM on vehicle involved in the crash, and you have another $100,000.00 of UM coverage on a second vehicle which you own, you can add those together for a total of $200,000 of UM coverage. That is the amount which would then be available if you elected to stack your UM coverage. Note, under Florida law, insurance carriers are required to offer and provide stacked UM coverage, unless the policy holders opts out. The insurance company is required to obtain the signature of the insured party documenting the decision to not have stacked UM Coverage. Without a signed waiver, stacking is required and is presumed. UM coverage will not prevent an accident, but, if you are the victim of a hit and run, it will insure that you have adequate insurance to pay for your medical expenses, your pain and suffering, and your other losses.

Conclusion: If you have been involved in a hit and run accident, or any crash in which the at-fault driver may not have enough insurance to cover your losses, we are here to help you review your insurance coverage and pursue a UM claim, if appropriate.

Drive safe!

Note: This article is provided as a public service and is for general information only. It is not intended, and should not be considered as legal advice and should not be relied upon as such. For specific legal issues it is highly recommended that you consult with a qualified and experienced attorney. You are welcome to call us with any questions about your legal rights.

Because I Live Here

October 26, 2024
Because I Live Here: In this new series of posts, I will offer some thoughts to help you pick the right attorney for your car accident case. There are many advantages to hiring a local attorney, like me who remembers when the beaches weren’t so crowded. Because I Live Here #1 Because I Live Here: Don’t hire an attorney before you meet them face to face. That is often not possible with a TV lawyer, or an out-of-town lawyer. This is important for several reasons: You want to work with someone you like. You want to make sure that they will communicate clearly. You want to make sure that they won’t talk over you. You want to know that they will take the time to explain things. You will want to know that they will be courteous and respectful. These are all the things that you will know only by meeting the attorney in person. Intake specialists, legal assistants, and case managers will not be your lawyer. This is your case, not theirs. You are the one who will have to live with the choice you make, so make it a good one!
A person is standing in the middle of a road with arrows painted on it.

You are the Boss!

August 16, 2024
Dear car accident victims, This is YOUR case! I am here to guide you and get you the best result, but I will always respect and understand that the final decision on your treatment and your settlement is up to you.
A pen is sitting on top of a piece of paper.

Keeping You Informed

By Admin • August 2, 2024
Dear car accident victims,  I believe a lawyer should keep their clients well-informed about their case. That is why I send my clients copies of all emails, letters, pleadings and other documents that we send and receive. Sincerely, Rich Treiser
A person is using a laptop computer with a screen that says update.

Accountability

By Admins • July 29, 2024
Dear car accident victims, I believe that lawyers should be accountable to their clients. Everyone is entitled to know what their lawyer is doing in their case. That is why I send each client a detailed monthly statement of what I have done. Sincerely, Rich Treiser
A man is laying in a hospital bed with a bandaged head.

House Calls and Hospital Visits

By Admin • July 22, 2024
Car accident victims, Are you stuck on your sofa or in a hospital bed and have no transportation? I will come to you. I make house calls and hospital visits as needed. I am a personal injury attorney who takes your injuries personally. Rich Treiser, Auto Accident Attorney of Naples
A woman is sitting on the ground next to a car after a car accident.

MVA Victims

July 15, 2024
Checking In

Before You Hire A TV Lawyer

June 12, 2024
Before you hire a TV lawyer, be sure to ask the following questions:
Seat Belts — Naples, FL — Auto Accident Attorney

Seat Belts and Comparative Negligence

By Admin • March 12, 2024
Comparative negligence is a legal concept that refers to the amount or percentage of fault that a person shares for their own injuries. In the context of an auto accident, comparative negligence may reduce the recovery of an injured party, even though the accident was someone else’s fault. Under Florida Statute Section 316.614(10) the failure to use seat belts can be considered “comparative negligence.” That is known as “the seatbelt defense.” Since Florida law requires all occupants of a motor vehicle (with only a few limited exceptions) to wear a seatbelt, failure to do so can be used against you if you are injured in a motor vehicle accident, by reducing the compensation to which you would otherwise be entitled. The seat belt defense only requires that the following be proven: The victim was not wearing a seatbelt at the time of the accident. The victim had a fully functional seatbelt available. The victim’s injuries were caused or made worse as a result of failure to wear a seatbelt. Injuries caused by failure to wear a seatbelt are often the result of total or partial ejection from the vehicle. That is fairly obvious and easy to prove. However, seatbelt violation injuries can also often result from impact with other passengers in the vehicle, or with the steering wheel, dashboard, windows or other parts of the vehicle. The cause of those injuries is more debatable but still creates an unnecessary problem. Buckle up, Stay Safe and avoid the “seat belt defense”!  At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.

IME/CME - DID YOU KNOW?

March 2, 2024
In Florida, after an auto accident, you may be required by your own insurance company to have an Independent Medical Exam (IME), also known as a Compulsory Medical Exam (CME). This is a medical exam by a physician of their choice. That doctor has no responsibility for your health. Beware! This doctor is not your friend. They are not your doctor. They are hired by the insurance company to cut off your benefits (if they can justify it). They do that by minimizing your injuries and finding that your condition does not warrant further medical treatment, because you are at “Maximum Medical Improvement” (MMI). So, they are hired to help the insurance company justify terminating your Personal Injury Protection (PIP) insurance benefits. Often these doctors are not MDs or DOs but rather are chiropractors who are advising your insurance company that you are at MMI when they are not even licensed to prescribe medications or provide surgical treatment. Yet they are passing judgement on whether you need any more medical treatment.  Under Florida law auto insurance companies are required to provide PIP coverage which will pay up to $10,000 for your medical expenses, whether or not the MVA was your fault. That way there is immediate money to pay for (and you can then get) medical treatment. However, some insurance companies are more concerned about their profits than about the welfare of their insureds. So, if they can justify cutting off your PIP benefits, short of the full $10,000, they are saving money. Unfortunately, there is fine print in your policy which allows them to require you to submit to an IME. So, when you go to that exam, be sure to be complete about all of the medical problems, aches and pains the accident has caused. Of course, tell the truth, but don’t understate your medical problems. Insist on telling the IME doctor of any further treatment that you or your doctors think you need. Also, know that you are entitled to have the IME videoed by your own videographer so you can have a complete record of what was said and done at your IME. Call our office if you have any questions.
Click It or Ticket — Naples, FL — Auto Accident Attorney

SEAT BELTS – CLICK IT OR TICKET!

September 26, 2023
Failure to use seat belts is a traffic violation that can get you a ticket in all states but one. New Hampshire is the only State where it is not against the law. It is a primary traffic violation in Florida. That law, Florida Statute Section 316.614 became effective on June 30, 2009. It requires all drivers, front seat passengers and children under the age of 18 to fasten their seat belts. The driver, as well as the passenger can be cited for a violation. Children under 5 must be in child restraint devices appropriate for their age and size. As for backseat passengers over 18, it is a secondary violation, but they are still required to wear a seatbelt. Primary enforcement means that a law enforcement officer is permitted to stop and issue a citation to a driver and passenger if they see a violation of the seat belt law. There are about 17 states that are secondary, rather than primary enforcement states. Secondary enforcement means that the officer can only issue a ticket for a seat belt violation if they have stopped you for some other traffic violation (like speeding). But, except for backseat passengers over 18, Florida is not one of those states. There are several consequences for a violation. A seatbelt ticket carries of fine of $30 for an adult violation and $60 for a violation involving a child (under the age of 18). A court appearance is not necessary, however if the fine is not paid within 30 days it can result in suspension of your license pursuant to F.S. Sec.316.15(1)(a). If you chose to go to court and are convicted, court costs and administrative fees can be added. In addition, 3 points will go on your driving record. That is something that auto insurance companies will notice and can result in higher insurance rates. This ticket is a non-moving violation, so it will not count against or be a basis for suspension of your license (unless the violation involved a failure to use a child restraint for a child under age 5). Buckle up, Stay Safe and avoid a ticket! At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.
More Posts
Share by: