Car Accident Blog

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Passenger Denied UM Coverage While Occupying A Rental Vehicle

Passenger Denied UM Coverage While Occupying A Rental Vehicle

Car Accidents

In the case of Progressive American Insurance Company v. Nancy N. Pawelczyk, Case Number 2D18-1651 (Fla. 2d DCA May 15, 2019), Florida’s Second DCA held that a passenger in a rental vehicle was not insured for UM benefits because a temporary substitute auto was not considered...

Florida’s Accident Report Privilege Is Not A True Privilege

Florida’s Accident Report Privilege Is Not A True Privilege

Car Accidents

In the case of Steven Paul Anderson v. Mary Mitchell, Case Number 2D18-2864 (Fla. 2d DCA April 5, 2019), Florida’s Second DCA held that Florida’s so-called “accident report privilege” is not a true privilege to prevent disclosure but is instead just a bar on...

Lawyers Cannot Imply That Driver Was Not Issued A Citation

Lawyers Cannot Imply That Driver Was Not Issued A Citation

Car Accidents

In the case of Ashley Rierson v. David Deveau, Case Number 3D18-0246 (Fla. 3rd DCA March 20, 2019), Florida’s Third DCA held that it was reversible error for lawyers to imply during closing argument that no traffic citation had been issued. Facts At Issue Rierson...

Tender Of UM Benefits Must Occur Within 60-Day Window After CRN

Tender Of UM Benefits Must Occur Within 60-Day Window After CRN

Car Accidents

In the case of Serenity Harper v. GEICO General Insurance Company, Case Number 2D17-4987 (Fla. 2nd DCA March 1, 2019), Florida’s Second DCA held that the 60-day time (see section 624.155, Fla. Stat.) to cure an insurer violation runs from the date of electronic submission of...

Personal Representative Has Right To Challenge Medicaid Lien

Personal Representative Has Right To Challenge Medicaid Lien

Car Accidents

In the case of Ammar Al Batha v. Agency For Health Care Administration, Case Number 1D17-828 (Fla. 1st DCA January 14, 2019), Florida’s First DCA held that the estate of a Medicaid recipient has standing to challenge Medicaid’s lien rights after the death of the...

Testifying Expert’s Notes Not Allowed In Evidence

Testifying Expert’s Notes Not Allowed In Evidence

Car Accidents

In the case of State Farm Mutual Automobile Insurance Company v. Karl H. Wallace, Case Numbers 5D17-813 and 5D17-2852, (Fla. 5th DCA December 21 2018), Florida’s Fifth DCA held that a testifying radiologist’s annotations made to MRI films were not admissible into...

Stacking Of Inferences Is Generally Not Allowed Under Florida Law

Stacking Of Inferences Is Generally Not Allowed Under Florida Law

Car Accidents

In the case of State Farm Mutual Automobile Insurance Company v. Denise Lorraine Hanania, Case Number 1D17-2237 (Fla. 1st DCA December 10, 2018), Florida’s First DCA refused to allow State Farm to defend an uninsured motorist claim with ridiculous arguments. In this case, a...

Additur When Jury Finds That Permanent Injury Exists

Additur When Jury Finds That Permanent Injury Exists

Car Accidents

In the case of Ashley Pogue v. Jennifer Garib, Case Number 4D17-2638 (Fla. 4th DCA October 3, 2018), Florida’s Fourth DCA reversed a $20,000 additur for pain and suffering added by the judge after a jury awarded zero dollars in pain and suffering despite finding that the...

Jury Should Hear Causation Issues In Neck Injury Case

Jury Should Hear Causation Issues In Neck Injury Case

Car Accidents

In the case of State Farm Mutual Automobile Insurance Company v. Joseph V. Ferranti, Case Numbers 5D16-3980 and 5D17-756 (Fla. 5th DCA September 28, 2018), Florida’s Fifth DCA held that summary judgment for causation issues in a car accident case is not appropriate. Facts Of...

Knowing Rejection Of UM On GEICO Policy

Knowing Rejection Of UM On GEICO Policy

Car Accidents

In the case of GEICO Indemnity Company v. Ricardo Perez, Case Numbers 3D17-2317, 2407, and 2514 (Fla. 3rd DCA September 20, 2018), Florida’s Third DCA held that a $1.7 million jury verdict in a UM case needed retrial on the issue of whether the insured’s rejection of UM...

Proposal For Settlement Missing Signature

Proposal For Settlement Missing Signature

Car Accidents

In the case of Alberto Valle v. Scott Flory, Case Number 2D16-2848 (Fla. 2d DCA August 15, 2018), a proposal for settlement that was missing an attorney’s signature in the certificate of service was held to be valid. Background Facts Mr. Valle sued Mr. Flory (of course there is...

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