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About Chuck Philips

The Legal Minute

Blogger: Attorney Chuck Philips

Chuck received his undergraduate degree in Criminal Justice from the University of South Florida in 1985, with honors. He graduated from Stetson College of Law in St. Petersburg in 1987.

Should you accept the first offer from the insurance company and settle your case?

At the Law Office of Charles Philips we always advise our clients to consult with an attorney before accepting an insurance company's offer as once you do accept, you will be expected to sign a release which is a contract that relinquishes any rights you have to bring a future claim in that matter against the insurance company and their insured.  Your attorney should review all the evidence available including accident liability, magnitude of impact, injuries you suffered, medical treatment rendered, and out-of-pocket bills and expenses incurred to advise you as to whether the insurance company's offer is fair, or not.  If the offer is fair then the attorney should refrain from taking your case and explain the way to protect your best interests in the settlement process.  If however the offer is unfair then the attorney should be willing to take your case and proceed forward to the extent necessary to obtain a fair result, including filing a law suit in the matter if needed.
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Is bodily injury liability coverage required in Florida?

Unfortunately, in general, Bodily Injury Liability coverage is not required in the State of Florida.  If a person purchases a mandatory Personal Injury Protection coverage, also known as Florida no fault, then they are not required to purchase Bodily Injury Liability coverage.  There are some exceptions such as when someone has a leased vehicle they are required to carry $100,000.00 per individual, $300,000.00 per occurrence in Bodily Injury Liability coverage, and if someone drives a motorcycle, then they are excluded from the Personal Injury Protection coverage requirement and thus are required to carry Bodily Injury Liability coverage in the minimum amount of $10,000.00 per individual, $20,000.00 per occurrence.  (See our prior article on Motorcycle Coverage in Florida).

Therefore, since people are not typically required to carry Bodily Injury Liability coverage in Florida, they do not purchase it and thus are not insured for injuries they cause to others when at fault in an accident.  This is one of the major reasons why at the Law Office of Charles Philips we always recommend that you purchase Uninsured/Underinsured Motorist coverage to provide compensation for the injuries that are caused to you by an uninsured or underinsured motorist.  (See our prior article on Uninsured/Underinsured Motorist Coverage).

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The Auto Accident Checklist

If you are involved in a car accident then there are certain steps that should be taken to protect your best interests for the future:
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Social Networking Sites Such As Twitter, Facebook And MySpace Can Deal A Significant Blow To Your Case

In recent years there has been an explosion of social networking websites, such as Twitter, Facebook, and MySpace, or blogs like Bloggers and Live Journal. While these sites are enjoyable to participate in and a great way to keep up with friends and family all over the world there are significant potential problems for your personal injury case by publicly sharing your personal information with others. Many people do not realize how public these sites can be, especially when you consider that every person you are connected to and every person connected to them can potentially access as your page so when you post your thoughts, personal photos, weekend activities, and family outings, many other people can read it including an insurance company representative, or an insurance defense attorney.

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Is a motorcyclist required to purchase coverage on their motorcycle under Florida Law?

Many people are of the belief that motorcycles do not have to be insured in the State of Florida, however this is not entirely true. Although motorcycles are treated differently than automobiles under the standard Florida No-Fault insurance requirements, they are required to carry $10,000.00 in Property Damage Liability coverage on their motorcycles under Florida Statutes 324.021 and 324.022. This is coverage that provides for compensation to the party whose vehicle the motorcyclist causes damage to if the motorcyclist is determined to be the at fault party in an accident. Additionally, under Florida Statute 324.021 the motorcyclist is required to purchase $10,000.00 per person, $20,000.00 per occurrence in Bodily Injury Liability coverage to compensate an injured person who the motorcyclist is deemed to have caused injury as a result of an accident.
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Chuck's comments in response to the St. Pete Times article: Hulk Hogan Sues Over Lawyer Fees...

It has been my experience that most people in Florida are unaware of the fact that if they purchased Bodily Injury Liability coverage under their automobile insurance policy and they are sued by an injured party from an accident that they were involved in, then they are entitled to representation by a defense attorney, chosen and paid for by their insurance company.

The cost of this attorney and the cost of the lawsuit is in excess of the policy limits that the person purchased from their automoblie insurance company.

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