THE FLORIDA LAW BLOG

State Farm Seeks Increase in PIP Fee

Don't say I didn't tell you this would happen.

In an article in the Tampa Bay Times today, it was reported that State Farm is seeking an increase (that's right an increase) in their PIP rates by 22%. YES, a 22% increase, no savings as promised by Governor Rick Scott in the new PIP law, designed to reduce rampant PIP fraud. According to Gov. Scott, Florida's $10,000 PIP benefit led to widespread abuse, staged car accidents and phony injuries that have sent insurance premiums skyrocketing to a level that many people can no longer afford.  It was alleged that the two biggest areas for fraud in the state are Tampa and Miami. Under the new law, accident victims must be treated within 14 days, starting Jan. 1. Benefits will no longer pay for acupuncture and massage therapy, which state lawmakers decided were not medically necessary. Most parts of the law take effect July 1, including stricter licensing of medical clinics, more use of long-form crash reports and stiffer penalties for providers who commit fraud, although there appears to be a special exception for one particular group of clinics.

What Was The Incentive to Insurance Companies?

Only people with emergency medical conditions can receive the full $10,000 PIP benefit. Others will be eligible for $2,500 in treatment, which is designed to cut down on the range of treatments victims receive. Gov. Scott called PIP fraud a "billion-dollar tax" on Florida motorists. He and Chief Financial Officer Jeff Atwater aggressively pushed for passage of an anti-fraud measure but the bill sponsored by Rep. Jim Boyd, R-Bradenton, almost didn't happen. It narrowly passed the Senate on a 22-17 vote.

What Went Wrong?

The insurance carriers were supposed to voluntarily offer a 10% reduction in premiums for PIP insurance, but were not mandated to do so under the new law.   The logic behind the bill was that accident victims can turn to their health insurance (if they have it) or to the at fault drivers liability insurance (if he or she has it). Unfortunately what the legislature failed to acknowledge is that Florida, unlike other states does not require drivers to carry mandatory liability coverage also known as BI (Bodily Injury Liability Coverage).  Cutting out 75% of PIP benefits with the expectation that injured drivers can collect from other sources makes no sense unless the legislature had added a requirement that drivers carry mandatory BI coverage. At the present time, drivers are only required to carry PIP (personal injury protection) and PD (Property Damage) which covers damage to the other car only, not injury to persons. Mandatory BI was proposed during the discussion of the new PIP law, but the legislature voted against mandatory BI.

So Who Benefits?

The insurance companies now can avoid paying out about $7500 per accident, and pay only $2500.00 of the $10,000.00 benefit you are paying for, and on top of that they not only don’t have to reduce their PIP premiums, they can apply for rate increases. Where is the great big savings, where is the elimination of billion dollar fraud that the Governor was talking about?

For more information or for a free consultation, contact Scott and Fenderson, PA Injury and Family Law Attorneys, by calling 727-321-0099 or view our web site http://www.scottandfenderson.com

John Goodman Files An Appeal Of His DUI Manslaughter Conviction

 John Goodman, the Palm Beach polo mogul and millionaire, has filed an appeal of his DUI manslaughter conviction and  is seeking a new trial in the 2010 traffic death of 23-year-old Scott Wilson

The appeal was filed by John Goodman’s attorneys, Roy Black and Richard Strafer  with the 4th District Court of Appeal, alleging  five areas the appellate panel should review in considering an appeal:

1. Whether Goodman was entitled to a judgement of acquittal because the state failed to overcome a reasonable theory that he was innocent.

2.Whether the state violated rules of criminal procedure, as well as Goodman’s due process rights by allegedly allowing Bentley to "pay for and orchestrate secret tests" on Goodman’s car.

3.Whether a key witnesses testimony should have been thrown out after it was discovered that attorneys for Wilson’s family had helped provide her with a free lawyer.

4.Whether there was jury misconduct, and the trial court erroneously tried to conceal it and then failed to fully investigate it.

5.Whether Goodman was entitled to have jurors receive special jury instructions they never heard.

In addition to all those claims, Strafer has asked the appellate panel to review whether the sum total of the circumstances had a cumulative effect that would warrant Goodman a new trial.

Goodman has been on house arrest on a $7 million appellate bond since Colbath sentenced him in Wilson’s death in May. Wilson died after Goodman’s Bentley collided with his Hyundai, sending it into a canal where it overturned and Wilson drowned.

Stay tuned for the outcome from the appellate court.

For more information or for a free consultation, contact Scott and Fenderson, PA Injury and Family Law Attorneys, by calling 727-321-0099 or view our web site http://www.scottandfenderson.com

CAN YOU FIRE YOUR LAWYER?

 

I have had the opportunity to sit down with many potential clients over the years that already had a lawyer and for various reasons were unhappy with their lawyer. Why am I unhappy with my lawyer's performance? Some legitimate reasons to consider firing your attorney include:

- my lawyer never returns my calls

- the only person I ever speak with is a paralegal

- I have never actually met the lawyer handling my case

- my lawyer was disciplined or suspended by the bar

- my lawyer sent me to a doctor that I am not happy with or is over charging me

- my lawyer works closely with the a medical clinic he sent me to and didn’t tell me about his relationship with that clinic.

-my attorney isn't getting as much money for my accident or injury as I wanted

-my attorney doesn't understand my case

-my attorney and I disagree about how the case should be handled

-I feel my attorney is detrimental to my case

- my attorney doesn't show dedication toward me or my case or compassion toward me as a client

CAN YOU FIRE YOUR LAWYER?

I am often asked can I fire my lawyer and hire another lawyer? The short answer is you're the boss and if at any time you're unhappy with your lawyer's services, you can fire your lawyer. You can fire a lawyer regardless of your fee agreement and even if your case is pending in court. Your lawyer does not own your case.

WHAT HAPPENS IF I FIRE MY LAWYER

Your attorney may be entitled to payment for services or costs rendered up to the time of dismissal, in accordance with your fee agreement. Also be aware that firing a lawyer after a suit has been filed usually requires the court's permission. If the case is close to trial, the court may be reluctant to grant permission if it will delay the proceedings unless the court finds you have good cause under the circumstances to discharge your attorney.

Keep in mind that under the law of some states, the attorney you fired may be allowed to keep your file until you've paid your bill. When you hire a lawyer, ask him or her about the applicable law in your state.

WHAT WENT WRONG

No matter how hard we try, some relationships fail. This doesn't just happen in personal relationships; sometimes your professional relationships also fall apart. The doctor you initially appreciated because your lawyer referred you now strikes you as only interested in your insurance money. The hairdresser you loved in the 1980s doesn't understand you want a more current style. And the lawyer you thought would be perfect for your case is now recommending a strategy you disagree with. It's easy to stop seeing your hairdresser, but how do you go about firing your attorney while he's in the middle of representing you?

THINK BEFORE YOU ACT, ASK YOURSELF THESE QUESTIONS:

-Am I upset with my attorney because of a low settlement offer by an insurance company that I think should be higher?

-Am I upset with my attorney because of something he has specifically done, or will the same problem exist with another attorney? For example, if you're upset because of a court ruling, you need to carefully consider whether another attorney reasonably could have gotten a different result. If you're asking your attorney to do something that's clearly illegal and your attorney has refused, you'll encounter the same situation with a new attorney.

-Will changing lawyers be detrimental to my case or legal issue? Courts don't look kindly on people who change lawyers repeatedly. Changing lawyers once in a case is disruptive, but understandable. However if you're lawyer hopping (sometimes call lawyer shopping), it can be seen as an attempt to game the system.

If, upon reflection, you think you have a valid beef with your attorney, first talk to him or her about the problem. Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy. It can cost you time and money to replace your attorney. So before you fire your attorney, explain why you're dissatisfied and tell the attorney what will make you a happy customer. If you're still dissatisfied after having that conversation, then consider changing attorneys.

STEPS TO TAKE

Once you've definitely decided to change attorneys, there are still a few things you should do before notifying him of the change.

Review the written agreement or contract you might have with the attorney. Does it address the steps to be taken to terminate the relationship? You'll want to understand the parameters of that contract as you go about changing lawyers. Your new attorney may also want to see a copy of that agreement.

Also, hire a new attorney. This minimizes the delay in switching attorneys. It also ensures that you're able find good legal representation before firing your existing lawyer. Ask whether your new attorney will take responsibility for getting your files from your old attorney, or if you should handle that. If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation.

When you're ready to sever the relationship with your old lawyer, send a certified or registered letter that clearly states you are terminating the relationship, and that the lawyer is to cease working on any pending matters. Don't get into details about why you're firing him - it's not relevant. In the letter, request all of your files. Or, if your new attorney is handling the transfer of files, ask him to cooperate with your new lawyer in this respect. Set a deadline for handing over the files, and detail how you want to receive them. Will you pick them up? Should the attorney send them to you?

If any fees were paid in advance and the work hasn't been done, ask for a refund of the fees. Also, ask for an itemized bill listing all pending fees and expenses. If yours is a contingency case, your new attorney will pay your old attorney from any money that you recover.

For more information or for a free consultation, contact Scott and Fenderson, PA Injury and Family Law Attorneys, by calling 727-321-0099 or view our web site http://www.scottandfenderson.com

The process of changing attorneys can be stressful, but if maintaining a professional demeanor while dealing with your old attorney should make things go much more smoothly.

INSURORS RAISE PIP RATES ANYWAY?

 

Insurers say PIP changes likely to mitigate premium increases, for now

By Tia Mitchell, Times/Herald Tallahassee Bureau

Tuesday, October 2, 2012

TALLAHASSEE — Auto insurance companies say the state's new no-fault auto insurance law will save drivers money by staving off insurance premium increases.

But drivers shouldn't expect their insurance bills to dip immediately either.

As part of insurance reforms passed last spring, car insurers had a Monday deadline to either reduce personal injury protection premiums 10 percent or explain why they could not.

Many companies took the second option, filing paperwork with the state asking to again increase PIP rates, the state said.

The state-mandated changes, insurers say, will reduce personal injury protection costs, just not enough to completely offset other factors that justify higher premiums. That means the law created by HB 119 is working, Insurance Commissioner Kevin McCarty said in a statement Monday.

"Although it initially appears the savings will result in a mitigation of rate increases rather than actual rate reductions for most companies — it does represent a major shift in the trajectory of PIP insurance rates in Florida," he said.

The size of the premium rate increase — or in a few cases, the decrease — varies by insurer. PIP premiums make up about 20 percent of a driver's overall car insurance bill.

For example, insurer Florida Farm Bureau said it would have been eligible for a 45 percent PIP rate increase, but after factoring in the effects of the new law, it applied to increase PIP by just 8 percent. The state approved that request.

That wasn't the purpose of the law, said Sen. Joe Negron, the Stuart Republican who helped lead PIP reform efforts.

"It's complete nonsense for insurance companies to not reduce rates," Negron said. "We will not allow insurance companies to reap the benefits of hundreds of millions of dollars in reductions to their costs while they simultaneously deny rate reductions to consumers."

As part of the changes, people injured in car accidents will have only 14 days to seek initial treatment (previously there had been no limit) and may be eligible for just $2,500 in coverage, instead of $10,000. Massage therapists and acupuncturists will no longer be allowed to treat patients under PIP.

Legislators worked with insurers to address the issues that were driving up the cost of PIP, Negron said, and the savings were intended to trickle down to drivers.

So far, the state has approved new auto insurance rates for eight companies. Of the seven that were selling policies in Florida before HB 119, three reduced PIP premiums by at least 10 percent. The other four will be allowed to raise PIP rates between 3.9 and 26.3 percent.

Dozens of other requests are pending, and the review process can take up to 60 days. Most insurers have submitted complete auto insurance filings that deal with all types of coverage, including bodily injury and property damage.

Donovan Brown, state government relations counsel for the Property Casualty Insurers Association of America, said he couldn't speak for individual companies but felt it was too soon to accurately gauge the effects of PIP reform.

"The PIP legislation definitely delivered the potential to address those runway costs," Brown said, "but you have to have adequate time for those to take effect."

Brown said insurers also remain concerned that some provisions will be challenged in court. For example, a coalition of massage therapists, acupuncturists and chiropractors filed a lawsuit against the state last month challenging the constitutionality of the new law and its limits on the types of medical professionals who can diagnose injuries and treat them.

What's in it for the insurance companies, scroll down

 

For more information or for a free consultation, contact Scott and Fenderson, PA Injury and Family Law Attorneys, by calling 727-321-0099 or view our web site http://www.scottandfenderson.com