Centralfloridaaccidenthelp's Blog

Will a Bad Driving Record or Claim-History Cause Your Homeowner Insurance Rates To Go Up?

centralfloridaaccidenthelp — Mon, 13 Feb 2012 06:14:20 +0000

In Oklahoma Allstate Insurance Company is considering the driving records and auto-claims history of people who apply for a new homeowners insurance policy they call House & Home. This marks the first time the nation’s second biggest home and auto insurer has used a potential customer’s driving record and auto-claims history when giving quotes on homeowners coverage. Allstate claims that “there’s a strong correlation between auto-loss history and the likelihood of covered homeowners losses” Allstate’s House & Home was introduced in Oklahoma in October, but will be expanded to other states thru 2014. Not sure at the present time if Florida will be one of those states, but it would figure that if this works for Allstate they might expand it to all states they cover. For full story click here.

All the more reason to keep your driving record clean. At the Malone Law Firm we handle traffic tickets and traffic accidents. We will represent you if you are found at fault for a car accident. We find that often times the party that is found at fault for an accident and given a traffic ticket is actually not at fault for the accident. We will fight to protect your privilege to drive (and keep your auto and homeowners insurance rates down). We also fight traffic citations given in the Orlando, Kissimmee, Sanford, Orange County, Osceola County, Seminole County, Lake County, Volusia County, and Brevard County area. If you hire us we will guarantee no points on your drivers license (your insurance rates won’t go up because of the ticket(s)) or give your money back. So, if you have received a traffic violation in the Central Florida area or been in an accident (we will represent you even if you aren’t found at fault) protect your privilige to drive and call the Malone Law Firm at (407) 872-7888, or toll free at 1-888-9 MALONE, or email us at malonelawfirm@gmail.com. You can also visit our websites at malonetickethelp.com and maloneaccidenthelp.com.

Orlando Car Accidents, Injuries and Referral Services

centralfloridaaccidenthelp — Mon, 13 Feb 2012 05:50:03 +0000

The Florida Bar (the organization that regulates Florida lawyers) is considering several proposals that would restrict Florida injury lawyers from participating in an accident referral service that also handles referrals to medical providers (such as 1-800-ASK-GARY, 411-PAIN). The Florida Bar cannot directly regulate private referral services, but it can prohibit injury attorneys from joining services that do not comply with Bar rules. Why is the Florida Bar considering these propsals at this time? They claim they are concerned for the consumer and the possible conflict of interest between the referral service, the accident lawyer and the treating clinic. The referral service that the injury lawyer is paying money to for referrals often owns the accident injury clinics that provide the medical services. Often times the lawyer will have to negotiate lower medical bills with the medical provider. This creates a conflict if the referral service that referred the lawyer the case also owns the medical service provider.

A Florida State legislature also sees this as a problem. A bill by State Rep. Rick Kriseman from St. Petersburg would give accident hot line callers more choices for medical care when they call the hot line. His bill would require these medical services to refer to clinics that are not affiliated with the referal service as well. He stated ” they shouldn’t be able to refer to themselves as a referal service if they are sending you to only one clinic”. He further stated “Thats just a marketing arm for your (their) clinic”.

Other Florida Bar committee members are concerned by the fact that there are reports that Florida accident victims who call these referral services are told by the medical providers who they are to hire as an injury attorney. The accident attorney is typically also part of the referral service. The Bar would prefer that the Florida accident victim choose his own attorney. There is also some argument that these referral services unfairly infer that the accident victim is going to get money if he or she calls them. The referral services’ ads are speaking of PIP insurance money(usually $10,000.00) which goes to the medical provider(s) not the accident victim, but often people believe based on the ads that that money is for them not the medical providers.

Florida Chief Financial Officer Jeff Atwater has called on the Florida Bar to ban injury lawyer referral services. Atwater believes that these referral services “perpetuate fraud, particularly related to medical and injury legal claims stemming from auto accidents“. Grier Wells who chairs the Bar’s Special Committee on Lawyer Referral Services said Atwater may be asking too much. Grier stated that “just as we cannot regulate nonlawyers who may own referral services, the Bar cannot ban a referral service. We can make every effort to regulate attorneys who participate in referral services and to take steps to ensure that attorney participation complies with the Rules Regulating The Florida Bar”. That is what Grier’s committee is doing now–setting out proposals that will regulate the lawyers who deal with these referral services.

In a November 10 story, Bloomberg new Service ran a story, quoting confidential sorces say the 1-800-ASK-GARY medical and legal referral service was being investigated by the FBI and the Division of Insurance Fraud, part of Atwater’s office. While ASK GARY refers to a number of attorneys, all medical cases are referred to clinics run by Physician’s Group, Inc., which also owns the ASK GARY service. ASK GARY says they are complying with all laws and regulations, and that all the accusations and attempts at bans and regulations are being orchestrated by the insurance industry. ASK GARY also says that they welcome any attempts to rid fraud from their industry.

Read this Referral Service Fraud Article

Read more articles about PIP Fraud and Dishonest Accident Injury Referral Services:
Florida Bar takes on Accident Referral Services
Before you call a Car Accident Referral Service
Will Florida Ban Car Accident Referral Services?
Are Auto Accident Referral Services Legal?

For honest help with your Florida Car Accident and reasons why you should hire the Malone Law Firm, please visit our auto accident help website
You may also email Orlando Personal Injury Lawyer, Thomas P. Malone, Esquire at malonelawfirm@gmail.com

Orlando, Kissimmee Accident Injury Help: Insurance Profits Bill

centralfloridaaccidenthelp — Fri, 03 Feb 2012 20:39:47 +0000

This blog is about insurance companies and the Florida state legislature. It doesn’t deal specifically about auto insurance, but it does deal with workers’ compensation insurance companies. It sets out another example of how the insurance companies seem to get what they want (higher profits) at the expense of the consumer. Specifically, a bill to allow workers’ compensation companies to keep about $25 million a year instead of returning the windfall to business that pay premiums to the insurance companies passed a Florida House committee this week .

The House Insurance and Banking Subcommittee approved a measure (HB 4169) that would repeal a law that has been in effect since 1979. The 1979 law requires workers’ compensation insurance companies to refund money to policy holders if the insurers’ profits consistently exceed the allowable rate of return. Since 2003 that figure has exceeded $200 million. Some who support the bill state that the 1979 law is an unnecessary level of regulation that is inhibiting competition.

So I guess that trying to keep insurance companies from charging too much money is inhibiting competition. If the law is applied equally, how could it inhibit competition. Maybe limiting profits is inhibiting competition or at least inhibiting profits. Now they can exceed the allowable rate of return (charge too much) and keep their profits. Maybe our legislators should try to protect the public from the insurance companies. For a look at the article click here.

We at the Malone Law Firm represent people involved in traffic accidents in the Orlando, Kissimmee, Central Florida area. We fight with the insurance companies everyday for our clients. If you have been involved in an accident (car, truck, pedestrian, motorcycle, scooter, etc.) contact us for any help you may need or any answers you need/want answered. You can contact us at (407) 872-7888, toll free at 1-888-9MALONE, or email us at tmalone@maloneaccidenthelp.com. Also, you can visit our website at maloneaccidenthelp.com

Orlando Car Accident Injury Attorney: PIP “Reform” Proposals

centralfloridaaccidenthelp — Wed, 11 Jan 2012 18:06:56 +0000

As has been pointed out in previous posts on this blog site and on our twitter account, Florida Governor Rick Scott and State Financial Officer Jeff Atwater are pushing reform of PIP (Personal Injury Protection) auto insurance. PIP pays for your medical bills if you are injured in an auto accident no matter if you are at fault or not. If you own an operable motor vehicle you are required to have PIP insurance in the amount of at least $10,000.00. This amount has been the same since PIP’s inception in the 70s. Everyone knows you can’t get today what you could get in the early 70s for $10,000.00. Yet the insurance companies championed by our political leaders want to “reform” PIP. Basically, the insurance companies want a rate hike. By reducing payouts for PIP insurance they will make more money. Will the consumer save as the insurance companies and our political leaders are touting? What do you think? I seriously doubt it.

So what are some of these proposals. One of the Florida lawmaker’s proposals is as follows: Some of the legislators are proposing doing away with PIP altogether. Another proposal, a 110 page House of Representative’s proposed bill would limit care to ambulance costs, hospital care given within 72 hours after the accident, in patient care for someone admitted to a hospital within 72 hours after an accident, or services for an insured with a medical condition diagnosed originally after the accident. This bill is a reform bill that would install changes to supposedly cut down on suspected fraud (they would allow the insurance companies to decide what was fraud and deny coverage), but also limit payouts to insureds (as mentioned above).

Representative Mike Horner of Kissimmee has his own proposal. He would eliminate PIP altogether and replace it with a capped amount of ER coverage. Senator Joe Negron from Stuart, FL will have his own proposal out around this Friday. For more info and a draft of the proposed bill click or paste:

http://blogs.orlandosentinel.com/news_politics/2012/01/house-pip-proposal-would-limit-coverage-to-emergency-treatment.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+news%2Fpolitics%2Fpoliticalpulse+%28Central+Florida+Political+Pulse%29&utm_content=Yahoo%21+Mail

If you check out the article, please check out the comments as well. These proposed changes only benefit the insurance companies. They will decide who is injured and who is not. There will be some “safeguards” put in place to supposedly limit the insurance companies power, but they will still have the power. What do you do after they have cut off your benefits? Where do you go? How long will it take? All of this while you are injured. Do all injuries show up immediately after a crash? Of course not. Do all serious injuries (spinal cord for example) show up immediately after an accident? Of course not. Do some injured people avoid going to the hospital after an accident because they don’t want to incur the expense (PIP only pays only a portion of your bill unless you carry other types of insurance) or think that the pain will go away? Of course.

These “reforms” mentioned above and in the Orlando Sentinel article would save the insurance companies tens of thousands of dollars if not millions. They may eliminate some fraud, but how many injured people will be denied coverage? Coverage they paid for.

For more information about PIP, PIP fraud, medical bill payment after an accident, or accident information in general visit our website maloneaccidenthelp.com

Orlando Accident Injury Help Lawyer: PIP Fraud

centralfloridaaccidenthelp — Wed, 27 Apr 2011 18:16:04 +0000

Location: Orlando, Orange County, Kissimmee, Osceola County, Florida
Type: Florida Personal Injury Protection (PIP), Fraud, Claim, Car Accident, Medical Bills

The Florida Legislature is considering passing legislation to combat PIP Fraud. Is there PIP fraud? Of course there is, but how much? Is there enough to pass more legislation favoring the insurance companies and making it harder for people to file claims and follow thru with claims. Personal Injury Protection (PIP) insurance pays medical bills for insureds injured in a motor vehicle accident regardless of who is at fault for the accident. Florida drivers are required to carry $10,000.00 worth of PIP. Jeff Atwater, Florida’s State Financial Officer claims that there is a “mountain of evidence” that PIP fraud exist. However, most of the key data comes from insurance industry groups. In Florida most of the key data provided by the insurance companies is about increased numbers of claims. Apparently, increased claims equals increased (rampant) fraud.

Consider these facts:

Since 2007, the amount of suspicious claims that have resulted in convictions has dropped from 8% to 4%. That’s half! And, that’s despite the state being more aggressive in investigating alleged PIP fraud.

The average payout for a PIP claim increased over the past 7 years–but not enough to keep up with the inflation rate for health care.

The PIP mandatory amount of $10,000.00 was set in the early 70s. During the 70s $10,000.00 got you a lot more medical help than it does today. Yet we pay more, and more, and more for that same $10,000.00 coverage.

Insurance companies are some of the most profitable businesses in the United States.

Insurance companies constantly claim that there is rampant fraud yet they never seem to show us that rampant fraud. Do increased claims equal rampant fraud? Is that reason enough to give the insurance companies more legislation to increase their profits?

Each Florida driver’s rates were approximately $50.00 higher last year, the insurance industry says, to cover the cost of fraudulent claims, what the insurance industry calls the “fraud tax”. The “fraud tax” is projected to hit $83.79 this year.

No legislative committee has investigated whether the increase in PIP claims has to do with people losing their health insurance because they lost their jobs. Florida’s unemployment rate has gone from 3.3% in 2006 to 11.5% in 2010.

Labels: Florida Car Accident, PIP Fraud, Personal Injury Protection, Medical Bills, Help, Claim

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Florida Traffic Accident Related Personal Injury Medical Bills for Passengers

centralfloridaaccidenthelp — Thu, 16 Sep 2010 19:35:27 +0000

Who will pay my personal injury traffic accident related medical bills? This is a question many passengers of motor vehicles involved in traffic accidents have asked. Passengers of a motor vehicle that suffer personal injury as the result of a traffic accident in Florida may have their medical bills paid from one of several different automobile insurance options. Which Florida no-fault insurance policy,sometimes referred to as personal injury protection (PIP), payment comes from depends on the facts of each case. First, remember that Florida is a no fault state, and therefore for the purposes of PIP insurance coverage, fault isn’t an issue (For more basic info on PIP insurance see our blog at http://centralfloridaaccidenthelp.wordpress.com/wp-admin/post.php?post=22&action=edit&message=1 ). Do you the passenger own a vehicle? Is your vehicle covered by insurance? If not, is your vehicle operational? Is the vehicle you were riding in covered by insurance? The answer to these questions and others will determine where payment of the medical bills will come from. First, you should look to the insurance covering any car that you, the passenger, own (remember that any automobile you own, that is operational is required to have insurance). If you, the passenger do not own a motor vehicle (or own one that is inoperable and therefore not required to have insurance) the next place to look for PIP coverage is any resident relative’s auto insurance(relatives that you live with). If no PIP insurance is found up to this point, the next place to look is to the vehicle in which you were riding at the time of the accident. Remember, this is just a general outline. As stated there are a number possible automobile insurance options from which a passenger’s medical bills can be paid. and ultimately which auto insurnace policy pays depend on the facts of each case. Also, when an insurance policy is determined, the medical bills will be paid according to the terms of that insurance policy.To get answers and help for your specific situation, please contact the Malone Law Firm at (407) 872-7888, toll free at 1-888-9MALONE, visit our site at http://maloneaccidenthelp.com/, or email us at tmalone@maloneaccidenthelp.com.

PIP Payment of Florida Traffic Accident Related Personal Injury Medical Bills by

centralfloridaaccidenthelp — Thu, 02 Sep 2010 17:10:08 +0000

How are my injury related medical bills resulting from my Florida traffic accident going to be paid? This is a question many people have after being injured as a result of an automobile accident in Florida. The short answer is Florida no-fault insurance, often referred to as personal injury protection (PIP). Except for automobile accidents occurring on the job, PIP will provide the primary coverage. Under Florida Law (F.S. 627.733(1) ) every owner or registrants of a “motor vehicle” (other than a motor vehicle used as a taxi cab, school bus, or limousine) that is required to be registered and licensed in Florida must carry PIP as required by law. Because Florida is a no-fault state, PIP insurance will cover the owner and others even if they, or the driver of the automobile they are in, are at fault for the accident. Will someone else’s PIP cover you if you are injured in an automobile accident and don’t own a car? The short answer is–it might. Will I be covered if I have PIP and am injured as a pedestrian by an automobile? The short answer is–you should be. Will I be covered if I don’t have PIP (and you are not legally required to have PIP) and am injured as a pedestrian by an automobile? The short answer is–you should be. The bottom line is PIP insurance will cover the owner of the PIP, and others, including pedestrians and passengers, in many different situations. For more detailed answers of any questions you may have regarding PIP coverage and payment of medical bills resulting from an automobile accident in the Orlando, Central Florida area contact the Malone Law Firm at (407) 872-7888, toll-free at 1-888-9-MALONE, or tmalone@maloneaccidenthelp.com. You can also visit our website at malonetickethelp.com.

Determining Fault for Orlando Traffic Accidents Caused by Running Red Lights

centralfloridaaccidenthelp — Fri, 27 Aug 2010 17:54:28 +0000

Have you been involved in a car accident at an intersection with a traffic light? Is liability an issue? Often times determining fault for automobile accidents at these intersections is difficult, and accidents at intersections controlled by traffic lights in the Central Florida area are all to common. Often times the parties involved all claim that their light was green and there are no independent witnesses. The new Red Light Camera Law, F.S. 316.0083, may make it easier to determine who was at fault. At least at the intersections where the cameras are installed. For a list of some of these intersection visit malonetickethelp.com. The cameras that are designed take photos or record red light violations should make it easier to determine fault for these types of accidents. If you are involved in an accident at one of the intersections, and fault is an issue, you or your attorney should determine if photos or a recording of a red light violation exist.

For more information about car accidents, accident injuries, property damage, or any other car accident-related issue, you can visit our website.

Florida At Fault Accident Help

centralfloridaaccidenthelp — Thu, 31 Dec 2009 19:10:32 +0000

December 31, 2009 – New Years Eve
Orlando, Florida

At Fault in a Car Accident, Auto Accident Liability, Traffic Accident Law, Traffic Ticket Law

Often times a person is involved in an automobile accident, and after a minor (often very minor) investigation by the police, one person is deemed to be at fault for the accident. But, is that person really at fault for the accident? Is that person 100% at fault for the accident or only partially at fault? Many times the police officer in charge of investigating the accident will only speak to one of the parties involved in the accident because the other party went to the hospital. Some times witnesses will talk to a police officer at the scene of an accident, but it is not the officer who is in charge of investigating, reporting, and determing who is at fault for the accident. Therefore not only is their statement not taken, but neither are their names or contact information. Some times an individual will choose not to speak to the police about the accident such as Tiger Woods did after his accident. Tiger received the traffic ticket, but was he at fault? There appear to be no witnesses to the accident other than Tiger himself. Did another car cause him to swerve off the road? Did another person cause him to swerve off the road? Only Tiger may know for sure. The point being that just because the investigating police officer gives you a ticket for being at fault for the accident doesn’t mean that you ARE AT FAULT. If you feel you are not at fault for the accident and don’t deserve the traffic ticket you received, you or your attorney need to challenge the ticket that you were given and talk with your insurance company. You or your attorney need to gather evidence and witnesses to provide proof that you are not at fault or not solely at fault. The Malone Law Firm helps people who have been found at fault for an accident. We will challenge any ticket you received as a result of an accident (under certain circumstances we will challenge the ticket for free–please contact us for details) and if you hire us for your accident case we will speak with the insurance adjusters.

For more information on Florida at fault car accidents or other accident questions please visit our accident website

For more information on Florida Traffic Ticket Law please visit our ticket law website.

Florida Accident Report Privilige

centralfloridaaccidenthelp — Tue, 29 Dec 2009 20:20:42 +0000

December 29, 2009
Orlando, Florida
Car Accident Report, Police Report, Crash Report, At Fault Help, Traffic Ticket, Car Accident Liability

Under Florida law, after a crash involving property damage, personal injury, serious bodily injury, or death, the driver is required tby statute to give his name, address, license number and registration documents to the police. The driver is also required to provide a statement. In order to assure that compliance with this law did not violate a persons rights against self incrimination the legislature enacted the Accident Report Privilige. The “Accident Report Privilige” is a Florida law (F.S. 316.066) that prohibits any statements made to a police officer during a crash investigation from being used as evidence in any hearing or trial. If the officer wishes to obtain statements that are admissible the officer must “change hats” and tell the person that he is beginning a criminal investigation and then read Miranda warnings.

F.S. 316.066(7) Except as specified in this subsection, each crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing a crash report required by this section shall be without prejudice to the individual so reporting. No such report or statement shall be used as evidence in any trial, civil or criminal. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer by the person involved in the crash if that person’s privilege against self-incrimination is not violated. The results of breath, urine, and blood tests administered as provided in s. 316.1932 or s. 316.1933 are not confidential and shall be admissible into evidence in accordance with the provisions of s. 316.1934(2). Crash reports made by persons involved in crashes shall not be used for commercial solicitation purposes; however, the use of a crash report for purposes of publication in a newspaper or other news periodical or a radio or television broadcast shall not be construed as “commercial purpose.”

For more information please visit our website: www.maloneaccidenthelp.com