New PIP Law Bad for Consumers, You Need a Lawyer!

Posted on May 17, 2012 by David Folkenflik

As you’re probably aware, the Florida Legislature and Governor Rick Scott, recently passed an amended PIP (No-Fault) auto insurance law.  This law, which essentially allows auto insurance companies to increased profits of up to 75% on nearly each and every PIP auto insurance claim, under the auspices (false pretenses?)  of combating fraud, is horrible for consumers. (How does not paying someone’s legitimate medical bills combat fraud??)  Consumers, who if they are lucky “may” see a 10% reduction in their auto insurance premiums, but not until late 2013 at the earliest, are truly getting the short end of the stick with this law. There is little doubt that this amended law was probably written almost entirely by insurance company lobbyists. 

For anyone who’s interested in reading the newly amended ”PIP” statute, please click the following link:

http://laws.flrules.org/files/Ch_2012-197.pdf

Under this new law, if you are the injured victim of a crash it will be much more difficult for you to get your medical bills and lost wages paid by insurance.  This is why it is more important than ever to seek the assistance of a competent personal injury attorney as quickly as possible after being involved in a car, truck, or motorcycle accident.

If you or a loved one have been injured in a motor vehicle accident , or in any other way, in the Tampa Bay, St. Petersburg, Clearwater, Pinellas Park, Palm Harbor, Tarpon Springs, Lealman, Tyrone, Tierra Verde, or other Pinellas or Pasco County area, please call our office at 727-548-4LAW (4529). At David P. Folkenflik, P.A., we can advise you on how to get the medical care you need, get your lost wages paid, and recover money for you for the injuries, pain, suffering and inconvenience you have suffered as the result of someone else’s negligence. If you need to discuss an accident injury claim, please don’t hesitate to contact us.  We always offer a free consultation too!

 

 

 

 

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New PIP Law is Going to Cost Us a Fortune!

Posted on May 15, 2012 by David Folkenflik

Please click on the following link to a letter I recently wrote to the editor which was published in the Tampa Bay Times on May 15, 2012.

http://www.tampabay.com/opinion/letters/article1230065.ece

If you or a loved one have been injured in a motor vehicle accident , or in any other way, in the Tampa Bay, St. Petersburg, Clearwater, Pinellas Park, Palm Harbor or other Pinellas or Pasco County area, please call our office at 727-548-4LAW (4529). At David P. Folkenflik, P.A., we can advise you on how to get the medical care you need, get your lost wages paid, and recover money for you for the injuries, pain, suffering and inconvenience you have suffered as the result of someone else’s negligence. If you need to discuss an accident injury claim, please don’t hesitate to contact us.  We always offer a free consultation too!

 

 

 

 

 

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Subrogation and Reimbursement or “Why do I have to pay back my health insurance?”

Posted on January 25, 2012 by David Folkenflik

All too often, in the course of settling personal injury claims, we are faced with this very common question from clients: “Why do I have to pay back my health insurance company?” 

Of course, what we are talking about is the situation where somebody is involved in a car accident, or a premises liability accident, products liability claim, or the like, and some or all of their medical expenses have been paid by their health insurance (including Medicare or Medicaid).  In these situations, if there is a monetary settlement paid by the “at fault” party (or their insurance), there is typically a requirement that any payments made by the health insurance of the injured person, for any medical care that is related to the injury claim, be paid back to the health insurance company out of the settlement money.

Although the basis for the repayment obligation is generally referred to as “subrogation”, the fact of the matter is is that, more often than not, it is a claim for “reimbursement” and not “subrogation”.  Typically, if the repayment obligation is based upon the contractual language of the insurance policy itself, it is called “reimbursement”.  When the obligation is the result of a statute or even common law it is typically referred to as “subrogation”.  However, as far as the injured party, who is being forced to repay the money out of his settlement is concerned, it really does not matter what it is called.

The way it works is that your health insurance company (or Medicare/Medicaid, as the case may be) will often pay medical expenses which are submitted to them under your health insurance policy.  If your case against the “at fault” party does not result in a monetary settlement, then you typically have no obligation to repay your health insurer for the sums they paid.  However, if you do receive a monetary settlement than you are obligated to repay your health insurance company the amount that they paid out on your medical claims.  The rationale for this is that, were you not required to repay them, you would receive a “double recovery” which the law does not allow.  In other words, you will have recovered damages from the “at fault” party to pay for your medical bills, and you also have received the benefit of having those medical bills paid by your health insurer.  This is not simply not allowed.

I have found that many clients feel this is unfair, and to some extent I can see their point.  If they were smart enough, or practical enough, or just plain lucky enough to have and keep health insurance coverage, why shouldn’t they get the monetary windfall which has now been created by that decision.  Unfortunately, at least in Florida, that scenario is simply not supported by the current law.

Issues such as “subrogation” and “reimbursement” can be extremely complicated and confusing .  This is particularly true when there is automobile insurance involved.  This is one of the many reasons that you should seek the help of an experienced personal injury lawyer when faced with a possible injury claim. 

If you or a loved one have been injured in a motor vehicle accident , or in any other way, in the Tampa Bay, St. Petersburg, Clearwater, Pinellas Park, Palm Harbor, Tarpon Springs, Tierra Verde, or other Pinellas or Pasco County area, please call our office at 727-548-4LAW (4529). At David P. Folkenflik, P.A., we can advise you on how to get the medical care you need, get your lost wages paid, and recover money for you for the injuries, pain, suffering and inconvenience you have suffered as the result of someone else’s negligence. If you need to discuss an accident injury claim, please don’t hesitate to contact us.  We always offer a free consultation too!

 

 

 

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Beware of your Credit Union!

Posted on December 12, 2011 by David Folkenflik

Did you know that your credit union could take your car, boat or RV if you don’t pay your credit card bill?  Or worse, that they could freeze your accounts and take all of your money?  It sounds crazy, but due to a clause buried deep in many credit union lending agreements this can and does happen.  The concept is known as “cross-collateralization”. Your assets can be used, essentially unknowingly, as collateral for unsecured loans through the institution.

As reported in the St. Petersburg Times newspaper on Sunday, unpaid credit card or credit line expenses could wind up costing you your vehicle or more.  In addition, if you owe money on an unsecured loan or credit card to a credit union, and you also have money in accounts at that same credit union, they could freeze your accounts and seize the money in them, making it impossible for you to get to your money for any purpose,  causing a domino effect of defaults when you are unable to pay your regular monthly expenses as a result of the frozen accounts.

According to the article, the best way to avoid this potential financial disaster is to not give one lender all of your business.  It is not a good idea too have many accounts with one credit union because it gives them too much control over your finances.  According to attorney Sami Thalji,  “don’t bank where you borrow”.  He goes on to explain that, “when credit unions freeze the accounts, bad things happen.  Checks bounce; [and] people can go into financial turmoil overnight.”

This is another instance of BUYER BEWARE!!

If you or a loved one have been injured in a motor vehicle accident , or in any other way, in the Tampa Bay, St. Petersburg, Clearwater, Pinellas Park, Palm Harbor or other Pinellas or Pasco County area, please call our office at 727-548-4LAW (4529). At David P. Folkenflik, P.A., we can advise you on how to get the medical care you need, get your lost wages paid, and recover money for you for the injuries, pain, suffering and inconvenience you have suffered as the result of someone else’s negligence. If you need to discuss an accident injury claim, please don’t hesitate to contact us.  We always offer a free consultation too!

 

 

 

 

 

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Who’s the Worst Insurance Company??

Posted on December 1, 2011 by David Folkenflik

Over nearly 2 decades of practicing law in Florida as an auto accident lawyer, I have dealt with hundreds of insurance companies.  There are a handful of large insurance companies that most of us have heard of, and many small companies, many of which seem to come and go with each passing year. There are national and multinational insurance companies, as well as local and regional carriers. 

The automobile insurance industry is very competitive and extremely profitable, as is evident from the many television commercials featuring well-known, often highly paid actors and usually shown in the most prime advertising spots available.

I have often considered making a list of the worst insurance companies I have ever dealt with on claims.  I certainly have developed my own opinions of which companies are awful to deal with, and which are the most reasonable.  I have never made the list, even though I have handled hundreds of car accident claims, only because I felt as though all of my cases still represented only a small sampling of the millions of claims which are handled by the insurance industry every year.

So, I was very happy to see that the”American Association For Justice” (AAJ) has made just such a list.  The AAJ did a comprehensive investigation of state insurance department complaints and investigations, thousands of court documents, FBI and SEC records, news reports, depositions and testimony from former insurance adjusters and executives across the U.S.  Their report, entitled “The Ten Worst Insurance Companies in America, How They Raise Premiums,  Deny Claims, And Refuse Insurance To Those Who Need It Most”, clearly and concisely identifies the worst offenders. 

Here’s AAJ’s Ten Worst:

1.  ALLSTATE

2. UNUM

3. AIG

4. STATE FARM

5. CONSECO

6. WELLPOINT

7. FARMERS

8. UNITED HEALTH

9. TORCHMARK

10. LIBERTY MUTUAL 

If you are in the market to buy insurance, or switch companies, you may want to consider the AAJ report before making your decision.  Auto accident claims, and other types of insurance claims as well, are difficult enough when you are working with one of the better companies.  They can be downright miserable when working with an insurance company and adjuster who are only interested in stalling, delaying, and denying your claim by any means available. 

BUYER BEWARE!!

If you or a loved one have been injured in a motor vehicle accident , or in any other way, in the Tampa Bay, St. Petersburg, Clearwater, Pinellas Park, Palm Harbor or other Pinellas or Pasco County area, please call our office at 727-548-4LAW (4529). At David P. Folkenflik, P.A., we can advise you on how to get the medical care you need, get your lost wages paid, and recover money for you for the injuries, pain, suffering and inconvenience you have suffered as the result of someone else’s negligence. If you need to discuss an accident injury claim, please don’t hesitate to contact us.  We always offer a free consultation too!

 

 

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Florida Auto Insurance Rates; Are they High or is it Hype?

Posted on November 21, 2011 by David Folkenflik

Recently, there have been several newspaper articles about Florida’s auto insurance rates. These articles have usually featured Gov. Rick Scott, or various state bureaucrats from the Department of Insurance claiming that Florida’s auto insurance rates are outrageously high. In fact, they have claimed them to be among the highest in the U.S. Their main argument seems to be that Florida’s PIP (No-Fault) laws make it particularly easy for the fraudsters to operate as medical and legal referral services and clinics, significantly adding to premium costs. 

The insurance industry, always eager to make a bigger profit (is it ever enough for them?) are most likely behind all of the recent publicity over this issue, with an eye towards the upcoming legislative session. If they can get the laws rewritten in a manner even more favorable to themselves, they can make even more money at the expense of consumers. (Note that the PIP laws have been “reformed” several times in the past decade, each of which shifted the balance of power to the insurance companies and away from consumers).

As a personal injury lawyer in the Tampa Bay Area for  almost 19 years, I can tell you that I have personally seen very little auto insurance fraud.  Don’t get me wrong, I believe I’ve seen some situations where fraud may have been in the works, but I’ve gone out of my way to steer clear of any situation even remotely smelling of fraudulent activity.

Perhaps I have not seen much fraud because I have not ever intentionally (nor unintentionally to my knowledge) had any dealings with the so-called “medical legal referral services”. The Governor and Insurance Commissioner seem to think these referral services are responsible for much of the alleged fraud.  I have no personal knowledge of any wrongdoing by them.  However, in my opinion, I have always suspected that these referral services probably couldn’t pass the smell test.  Thus, I have kept my distance from them.

Now, let’s assume for a minute that Gov. Scott and his Department of Insurance are correct, that fraud is so rampant in auto insurance claims that it has caused our rates to go through the roof. Wouldn’t this be borne out by statistics? In other words, shouldn’t Florida’s auto insurance rates be among the highest in the whole country?  If they aren’t, wouldn’t it prove that either the alleged fraud isn’t that bad (at least compared to other states) or, even if there is a great deal of fraud, it is not having that much of an affect on what Florida consumers pay, on average, for car insurance? It may also prove that the cry of “Fraud!” when it comes to auto insurance is mostly just a bunch of made up hype by an industry wanting to change laws to maximize profit. I am really eager to find out, aren’t you?

Well, lucky us!  Just today, MSN Money has published a study by carinsurance.com comparing car insurance rates in all 50 states and the District of Columbia.  So, where do you think Florida ranks?  In the top 5 most expensive? No.  Top 10? Wrong again!  Top 15? Nope.  Top 25?  No! ! Wait a minute, is Florida even above the national average for car insurance rates? No we are not!!  Well, hold on a second, Gov. Scott and the Florida Department of Insurance, keep telling us our rates are outrageous; that fraud is driving rates through the roof; and that Florida’s auto insurance is so expensive that working people can’t afford it and the laws need to be changed.   Yet Florida ranks 30th out of 51.  There are 29 states with higher auto insurance rates than Florida.

That doesn’t sound so bad, and it certainly makes me think the Governor and the Insurance Commissioners office, may be stretching the truth (is that the same as lying?) to shift public opinion in favor of significant auto insurance reforms which certainly don’t seem necessary for the reasons they profess; Florida’s high auto insurance rates.  These don’t exist, and claims that they do are apparantly nothing but hype.

If you or a loved one have been injured in a motor vehicle accident , or in any other way, in the Tampa Bay, St. Petersburg, Clearwater, Pinellas Park, Palm Harbor or other Pinellas or Pasco County area, please call our office at 727-548-4LAW (4529). At David P. Folkenflik, P.A., we can advise you on how to get the medical care you need, get your lost wages paid, and recover money for you for the injuries, pain, suffering and inconvenience you have suffered as the result of someone else’s negligence. If you need to discuss an accident injury claim, please don’t hesitate to contact us.  We always offer a free consultation too!

 

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What does “No-Fault” Insurance Mean?

Posted on November 2, 2011 by David Folkenflik

Every now and then, as an auto accident attorney, I receive a call from somebody who tells me that they were recently in a car accident, but since they don’t have medical insurance they are afraid to go to see a doctor.  This is certainly understandable since medical bills can be a substantial expense which many uninsured people simply cannot afford.  Fortunately, I always have good news for these folks who call my office.

In Florida, for the last 40 or so years, we have had a law which requires every motor vehicle owner to buy a type of insurance called “PIP” which is also known as “No-Fault Insurance”.  In a nutshell, this coverage provides that every person who owns a motor vehicle, or is injured by a motor vehicle, or is injured while occupying a motor vehicle, is entitled to up to $10,000 of PIP coverage for medical bills.   It doesn’t matter who caused the accident.  So, even the person who caused the accident is entitled to this coverage to pay his or her medical expenses.  Additionally, the parties who were not at fault in the accident are also entitled to $10,000 each of PIP coverage.

The tricky thing about PIP coverage is that it does not pay 100% of the medical expenses, but requires a 20% co-pay.  In other words, if a person injured in a car accident goes to the hospital for those injuries and the hospital bill is $500, the PIP insurance will pay 80%, or $400 of the bill.  The remaining 20% of the bill, which is $100, is owed by the patient.  If the patient wasn’t at fault in causing the auto accident, then the patient can make a claim to get the $100 (and 20% of all other medical bills incurred) back from the insurance of the person who caused the accident (the “at-fault party”).

That is how the PIP/No-Fault medical coverage works in general.  Additionally, the $10,000 of PIP money (or some portion of it) can  be used to cover the injured person’s lost wages (paid at the rate of 60%) and household services (such as house cleaning or lawn mowing, which are paid at 100%), and sometimes coverage deductibles may apply. However, for the sake of simplicity none of those will be addressed at this time.

Suffice to say that while PIP coverage is very helpful in allowing anyone injured in a motor vehicle accident to get the basic initial medical care they need, it can become very complicated for someone who does not deal with PIP insurance issues on a regular basis.  This is why it is highly recommended that anyone injured in a motor vehicle accident consult with an experienced Florida auto accident attorney as soon as possible after the crash.

If you or a loved one have been injured in a motor vehicle accident , or in any other way, in the Tampa Bay, St. Petersburg, Clearwater, Pinellas Park, Palm Harbor or other Pinellas or Pasco County area, please call our office at 727-548-4LAW (4529). At David P. Folkenflik, P.A., we can advise you on how to get the medical care you need, get your lost wages paid, and recover money for you for the injuries, pain, suffering and inconvenience you have suffered as the result of someone else’s negligence. If you need to discuss an accident injury claim, please don’t hesitate to contact us.  We always offer a free consultation too!

 

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Do Women Get Injured More Often In Accidents?

Posted on October 28, 2011 by David Folkenflik

The answer to the question is, apparently a resounding; “yes”. 

ABC News reports that according to a study conducted by the American Journal of Public Health, women who wear seatbelts are actually 47% more likely to be injured in an auto accident then men. 

According to the AJPH study, the reason women are injured so much more often than men is because, on average, they tend to be shorter and weigh less than men, and as such are more likely to be injured by the force of the airbag.  In addition, there are other factors, such as a different seating posture between men and women, which seemed to increase the likelihood of an injury for the women.

Since the study only applied to cars built between 1998 and 2008, it did not take account of the newer dual-stage airbag systems and weight sensors that have only been used in passenger cars since 2007.  It is thought that these advanced airbag systems and weight sensors may significantly reduce the likelihood of injury to smaller occupants.  However, that remains to be seen in a future study. 

Clearly, if you are a female driver or passenger in a vehicle built before 2007, you will certainly want to keep in mind that your chances of injury may be heightened in your vehicle.

If you or a loved one have been injured in an automobile accident , or in any other way, in the Tampa Bay, St. Petersburg, Clearwater, Pinellas Park, or Pinellas County area, please call our office at 727-548-4LAW (4529). At David P. Folkenflik, P.A., we can advise you on how to get the medical care you need, get your lost wages paid, and recover money for you for the injuries, pain, suffering and inconvenience you have suffered as the result of someone else’s negligence. If you need to discuss an accident injury claim, please don’t hesitate to contact us.  We always offer a free consultation too!

 

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Driver’s Seizure Causes Fatal Crash in Tampa

Posted on October 27, 2011 by David Folkenflik

A tragic automobile accident recently took the lives of 2 people, and may have caused brain injuries to a 3 year old girl in Tampa.  According to TBO.com, police are trying to determine whether Eric Dewayne McNeil had suffered a seizure and blacked out before failing to stop at a red light and slamming into a minivan occupied by Webster Farnsworth, his wife, Nancy Farnsworth (a beloved teacher at Plant High School), and their 3 year old granddaughter, Kaylee.

There is some question as to whether or not McNeil may be criminally responsible for the accident since he apparently knew that he had a medical issue which might subject him to seizures. 

Whether or not McNeil  is criminally charged, it is very clear that someone who drives a vehicle with knowledge of having a health condition which could put them at risk to other drivers and pedestrians is being negligent.

So, if someone knows they are subject to seizures, and they thereafter drive a vehicle and cause an accident which injures others, there is a clear case of negligence to be pursued.  If you find yourself to be the victim in any type of automobile accident, you should promptly contact an accident injury lawyer to determine your rights.

 If you or a loved one have been injured in an accident please call our office at 727-548-4LAW (4529). At David P. Folkenflik, P.A., we can advise you on how to get the medical care you need, get your lost wages paid, and recover money for you for the injuries, pain, suffering and inconvenience you have suffered as the result of someone else’s negligence. If you need to discuss an accident injury claim, please don’t hesitate to contact us.  We always offer a free consultation too!

 

 

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Buying a home? Don’t wait to get a Will!

Posted on October 25, 2011 by David Folkenflik

As an Florida Estate Planning lawyer,  I am often asked the following:

I am going to be purchasing a home (or car, or whatever) in the near future; should I wait until after the purchase to do my Will? 

The answer is “No”.

The reason people are hesitant to have their Will (Last Will & Testament) prepared before a large future purchase is typically because they are afraid that items and property they acquire after their Will is executed are not included in the Will, and therefore they think, after they make the future purchase, they are going to have to have their estate planning lawyer prepare an amendment to their Will (an amendment to a Will is called a “Codicil”) which will, of course, cost them more money than if they just wait until after their future purchase to do their Will.

In reality, this is not the case.  As a Florida Estate Planning attorney, I have run into this situation many times.  Property which you purchase or receive after you have already executed a Will, is legally referred to as “after-acquired property”.  After-aquired property will not, of course, be specifically referred to in your Will because you didn’t own it at the time that you executed your Will. 

Florida Statutes Section 732.605(2), addresses exactly this situation, and provides in part that “a Will is construed to pass all property [of the deceased person] . . . including property acquired after execution of the Will”.

There are of course some exceptions, and it is always a good idea to consult with a Florida Estate Planning attorney before preparing and executing a Will.  So, if you don’t currently have a Will, why wait?  Get in soon to see an Estate Planning attorney, and get your estate plan all wrapped up before you make that big purchase.

At David P. Folkenflik, P.A., we can assist with getting your estate planning and advance directives in order so that your wishes will be carried out the way you want them to be when the time arises.  We assist our clients in the preparation of Wills, Living Wills, Durable Powers of Attorney, Heath Care Surrogate Forms, and Living Trusts.  We can also assist with Testamentary Trusts, and help you name a guardian for your minor children in the event of your untimely passing. We are a St. Petersburg, Clearwater Largo, Pinellas Park, and Tampa Bay area law firm that practices in Estate Planning and Probate.  If we can be of assistance to you, please contact us at (727) 548-4LAW (4529).  We always offer a free one-half hour consultation too!

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