Articles Tagged with Naples car accident lawyer

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Florida no-fault car insuranceFlorida no-fault car insurance law isn’t going anywhere, at least this year. For motorists, that means continued reliance on personal injury protection (PIP) coverage and proof of serious injury before pursuing a fault-based car accident claim against negligent drivers.

Governor Ron DeSantis has vetoed the bipartisan Senate Bill 54, passed by state lawmakers in April. The bill would have rewritten our unique, no-fault state car insurance law and required drivers to obtain new policies by next year.

In a short statement released by the governor’s office, DeSantis, while calling the current law “flawed,” explained he felt the bill failed to adequately address issues faced by Florida drivers and could have adverse, unintended consequences for both consumers and the market.

The veto was a bit of a surprise, given that the bill had strong bipartisan support, passing with little debate several months ago. SupportersĀ  insisted it would reduce auto insurance premiums in a state that consistently ranks within the top five. However, analysis of potential impacts yielded mixed results. Plus, the insurance industry and medical providers came out swinging hard against it.

What Does Florida No-Fault Car Insurance Mean for Motorists?

The effect of the veto is that nothing really changes for Florida drivers, at least not this legislative term. No-fault auto insurance remains in place.

Florida is one of the few states that continues its use of no-fault car insurance, as opposed to a system of fault recognized by many states. Contrary to what some presume by its name, no-fault insurance doesn’t mean no-fault is assigned in the crash. It just means the coverage pays certain damages incurred by insureds upfront, regardless of who was at-fault. Continue reading

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Florida car accident injuries

When it comes to liability for Florida car accident injuries, well-established case law and the dangerous instrumentality doctrine allow vehicle owners to be held liable for injuries caused by the negligence of authorized drivers – even if the owner was not driving or otherwise negligent. However, there are exceptions for rental car companies under the federal Graves Amendment. Still, it may be possible to sue a rental car company for Florida car accident injuries under certain circumstances if the company is negligent.

A recent example is playing out in Florida courts, as reported by The Tampa Bay Times. While the possibility of recovery in this far-fetched case is incredibly unlikely, it will work to illustrate the point. This case started in 2013 when a man rented a vehicle from Enterprise. According to the affidavit, written from a corrections center where he is serving hard time for vehicular homicide, plaintiff stated he was in no shape to drive when he entered the rental center to rent a vehicle.

He reportedly could not get a rental in his own name because his driver’s license had expired. Plus, there was a warrant for his arrest. When he entered the rental facility, he said he was so intoxicated he could hardly walk. Because he did not have his own valid driver’s license, he presented that of his younger brother. He alleges that a management trainee at the facility either knew or should have known that his drunk state alone rendered him unsafe to drive. The fact that he was handed the keys anyway, he alleges, amounted to negligence.

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