Personal Injury Q & A

Brawer Hirsch and Associates P.A. offer the following question and answers as well as links to web pages concerning motor vehicle accident matters:


I was involved in an automobile crash caused by someone else. Who can I turn to for help in recovering damages to my vehicle and for my injuries?
The sole purpose of the Bureau of Financial Responsibility is to ensure that people are responsible for their actions involving motor vehicles. We do this by making sure everyone has insurance to pay for the damages they cause, or they may cause, when they own a motor vehicle or register a motor vehicle. We will help you recover your damages and be compensated for your injuries. The following information goes into greater detail on how we help people in these situations.
The Bureau of Financial Responsibility will take action to help you. Here is what we need from you.
1. Crash Report from a law enforcement agency that investigated the crash. The report must indicate a moving violation charge.
2. Obtain this at the earliest and send it to us. Please note that even if you don't, we will process the crash within the next 2-3 months automatically.
3. Proceed to obtain a final judgment from a Florida court against the at-fault party. Once a final judgment has been rendered and thirty days has expired from the final judgment date, obtain a certified copy from the court and send the certified judgment and the crash report to us.
Here is what will happen.
A. If the party had Personal Injury Protection and Property Damage insurance but no Bodily Injury coverage and you sustained both damages and injuries.
You can obtain the insurance details for property damage coverage from us by providing a written request along with a copy of the crash report and file for the damages with their insurance company. The judgment will be enforced for injuries. While normally the law provides us authority to suspend a license of an uninsured party only for 3 years, in the case we have a judgment, we have the authority to suspend licenses, tags and registrations for a period of 20 years or until the judgment is satisfied.
B. If the party had no insurance at all.
The judgment will be immediately enforced and the at-fault party's license, tags, and registrations will be suspended for 20 years or until the judgment is satisfied.
The reports and judgment must be sent to:
Bureau of Financial Responsibility
2900 Apalachee Parkway, Room A212, MS 98
Tallahassee, Florida 32399-0585
What type of automobile insurance coverage is required for a person causing a crash?
The Florida Financial Responsibility Law requires that any person at fault in a crash resulting in bodily injury and property damage to others must have in effect at the time of the crash full liability insurance coverage. This coverage includes minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection limits of $10,000 per person per crash.
What should I do if I am involved in an automobile crash?
Always insist that the crash be reported to law enforcement so that a law enforcement officer can complete the appropriate forms. We advise you not to negotiate a payment agreement with the other parties to settle damages. Doing it on your own without a crash report from a law enforcement officer could result in your not being fully compensated for damages and can expose you to personal liability since no official report of the crash exists and circumstances become your word against theirs. Our department will be unable to assist you if there is no crash report filled out by a law enforcement officer. Other suggestions include:
• Make sure the investigating officer records complete insurance information on the crash report.
• Report the crash to your insurance company immediately or within the time specified by your policy.
• If you determine that the other party is insured or uninsured, you should report the information to your insurance company so that they can pursue compensation since they have more information resources at their disposal.
• Never personally confront an at-fault party with demands as you may be dealing with a violent person. Allow your insurance company to handle that.
What if I am unable to contact my insurance agent to represent me and determine the at-fault party is insured or uninsured?
You should obtain a copy of the final crash report and forward it to:
Bureau of Financial Responsibility
Neil Kirkman Building, Room A212, MS-98
Tallahassee, Florida 32399-0585.
Request that the bureau process the crash. If the insurance company listed on the crash report has denied coverage, obtain a written letter of denial and attach to the report when mailing to the Bureau of Financial Responsibility.
If you have been involved in a crash and desire the insurance coverage for the other party, you may obtain the information by mailing your request to:
Bureau of Financial Responsibility
2900 Apalachee Parkway, Room A212, MS-98
Tallahassee, Florida 32399-0585.
You must include a copy of the complete crash report, front and back, or the driver exchange form. These forms will provide the department with the necessary information needed to expedite your request. You may fax the crash report to the bureau at 850-617-5216 .
Please allow ten working days for research and reply.
What will be required of the at-fault owner/operator when the crash report is processed?
In crashes involving property damages and bodily injuries, the Department of Highway Safety and Motor Vehicles will mail an inquiry to the owner/operator requesting they provide proof of bodily injury and property damage liability coverage at the time of the crash.
If they did not have this coverage, they must purchase this coverage and have it certified to the department on Form SR-22 for three years, andobtain releases from the victims that they were compensated fully for their bodily injuries and/or property damages.
The above requirements must be met before the suspension date in the inquiry notice to prevent the suspension of the owner's tags and registrations, and the operator's driver license for three years, unless compliance is met earlier. In addition, a $15 reinstatement fee is required if compliance is met after suspension.
If I am approached by the at-fault party regarding releases, what should I do?
Settlements for damages are at your discretion. However, if you have been compensated by your insurance company for any damages or injuries sustained in the crash, never sign a release or any document without consulting your insurance company.
When the company compensates you for your damages, they are vested with subrogation rights against the at-fault party. If you sign a release document you could be liable for monies paid to you by your insurance company.
What information is required of me at the scene of a crash, if I am at fault?
Be sure the officer records your insurance information completely and accurately. Accuracy of this information including the full name of the insurance company, will allow the department to send the information directly to your company for verification and not contact you for the information. Incomplete or inaccurate information could result in an unnecessary suspension of your driver license, tags and registrations.
If I cause a crash involving personal injury and vehicle damage and I am not insured, what should I do?
To eliminate the possibility of suspension, you should purchase a full liability insurance policy (includes bodily injury liability) as soon as possible and advise the company that you were involved in an uninsured crash and may need a Form SR-22 (certification of liability insurance) in the future.
Negotiate with each person or their insurance company to satisfy the losses they incurred. If you are unable to pay the damages in full, you can negotiate a payment agreement to allow monthly payments. Always have a document completed to legitimize the agreement to be used as proof of payments required by the department. Release forms can be obtained from your nearest driver license office.
If their insurance company has compensated the person for damages, you should contact the insurance company for satisfaction of damages since the insurance company has assumed the loss.
If I have obtained the Form SR-22 and the releases for damages and/or injuries, what should I do with them?
When you receive an inquiry from the department requesting proof of coverage for the crash date, you may mail them to:
Bureau of Financial Responsibility
2900 Apalachee Parkway , Room A212, MS-98
Tallahassee, Florida 32399-0585
or take them to your nearest driver license office to avoid a suspension of your driving privilege.
As the person causing a crash, am I subject to lawsuits initiated by the victims or their insurance companies?
Yes. If notified of a lawsuit do not ignore the summons. You should appear in court to protect yourself from unwarranted or excessive damage amounts. Even if you are unable to pay the damages/injuries in full, you will have an opportunity to petition the court to allow you to make periodic payments according to your income. If you have obtained releases for having settled their damages and/or personal injuries, you will not be subject to a lawsuit.
If I own a vehicle and the operator caused a crash involving only property damages, will it come under the Florida Financial Responsibility Law?
No. A crash involving no bodily injuries are subject to the Florida Motor Vehicle No-Fault Law. The law requires that an owner whose vehicle is involved in a crash and the operator was charged with a moving traffic violation, must have in effect a policy with limits of $10,000 personal injury protection per person/per crash and $10,000 property damage liability per crash (compulsory coverage).
Complete insurance information should be given to the investigating officer and you should be sure that the information is properly and accurately recorded on the crash report. Proper recording of the information will eliminate the need for the department to contact you personally in the future for more accurate information and eliminate the possibility of unnecessary suspensions of your driver license, tags and registrations.
If I own a vehicle involved in a crash caused by the operator of my vehicle, no one was injured and I was not insured, what should I do?
Immediately purchase a personal injury protection and property damage liability (compulsory coverage) insurance policy.
Negotiate with each person that sustained property damages to obtain releases for their damages. If the person is insured, you should negotiate with the person's insurance company as the company assumes the rights of compensation since they have reimbursed the insured for their loss. You can obtain a release form from your nearest driver license office.
If you are unable to pay the amount of damages in full, you may pursue a monthly payment agreement.
With the insurance coverage and releases or monthly repayment agreements, you will be able to provide them upon notice from the department to avoid unnecessary suspensions of your driver license, tags, and registrations.
If neither the owner nor operator of the at-fault vehicle carried full coverage on date of a crash involving personal injuries, what will happen?
The crash report will be processed by the Department of Highway Safety and Motor Vehicles and notices mailed to the driver license address of the owner and operator involved on how to comply before the date of suspension in the notice. These requirements are:
1. Purchase bodily injury and property damage liability coverage and have it certified to the Department of Highway Safety and Motor Vehicles by your insurance company on Form SR-22 for three years from the suspension date mentioned,
2. Obtain releases from the other parties for their property damages and/or bodily injuries or post a security deposit with the department in the amounts listed on the crash report, and
3. Pay a $15 reinstatement fee, if applicable.
Who can I call for clarification?
I am thoroughly confused about all these automobile insurance laws. I want to talk to someone who can help me understand. Who can I call?
Call the Department of Highway Safety and Motor Vehicles, Customer Service Center, at (850) 617-2000.
http://www.flhsmv.gov/ddl/frfaqcrash.html

I am registering a vehicle for the first time in Florida. Is automobile insurance mandatory?
Yes. If you own a vehicle with at least four wheels and are registering it, you must have Florida insurance.
What type of insurance is required to purchase and maintain a Florida license plate and registration?


Florida's minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida license plate.
What is "Personal Injury Protection" (PIP) insurance?
Also called Florida No Fault Insurance, Personal Injury Protection (PIP) Insurance covers you - regardless of fault (i.e. whether or not you cause the crash) - up to the limits of your policy. Your PIP will also cover your child, members of your household, certain passengers who lack PIP Insurance as long as they do not own a vehicle. People riding in your vehicle who carry PIP will receive coverage under their own PIP for their injuries, and certain licensed drivers who drive your vehicle with your permission. PIP also covers your child if he or she suffers an injury while riding on a school bus. PIP coverage protects you while in someone else's vehicle, as a pedestrian, or bicyclist if you suffer an injury in a crash involving a motor vehicle. The Florida Motor Vehicle No-Fault Law, requires all owner/registrants of a motor vehicle with four wheels or more to carry a minimum of $10,000 of Personal Injury Protection (PIP) and $10,000 of property damage liability (PDL) if you own a motor vehicle in Florida. Florida law requires you to maintain PIP/PDL insurance continuously throughout the licensing and registration period.
What is " Bodily Injury Liability" (BIL) insurance?
Bodily Injury Liability coverage pays for serious and permanent injury or death to others when you cause a crash involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued. In particular, your company pays for injuries caused by you or members of your family who live with you, even if they were driving someone else's vehicle. It may also cover others who drive your automobile with your permission. This coverage also provides you with legal defense in the event you are sued by the injured party.
What is "Property Damage Liability" (PDL) insurance?
This coverage pays for damages you or members of your family cause (and are liable for) to other people's property in a crash involving a motor vehicle.
What is meant by "Florida Coverage"?
Florida coverage is an insurance policy delivered or issued for delivery in Florida by an insurance company licensed by the Florida Department of Financial Services.
Can I maintain my current policy issued in my previous state of residence?
No. The minimum required insurance must be issued through a Florida agent with an insurance company licensed to sell in Florida. Most insurers have Florida agents and are licensed to issue policies in Florida. Just ask your agent to transfer your current insurance to Florida when you register a vehicle in Florida.
What if I fail to keep insurance on my vehicle that I have registered in Florida?
The Department of Highway Safety and Motor Vehicles is authorized to suspend your driving privilege, including your vehicle license plate and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.
If my driving privilege is suspended because I am not properly insured, is there a penalty to reinstate my license?
Yes. A reinstatement fee of $150 up to $500, for subsequent violations, must be paid and you must provide proof of current Florida insurance.
I live outside Florida for six months a year. When not in Florida, my vehicle is in storage and not used. Must I maintain automobile insurance?
Yes. Any vehicle holding a valid Florida license plate and registration must be covered by a Florida insurance policy throughout the entire registration period. When you leave Florida, you may surrender your license plate and registration at the nearest driver license or Tax Collector office to avoid maintaining your policy. You can always register your vehicle upon your return to Florida, at which time you can provide proof of Florida insurance.
I am not a resident of Florida but I have business that keeps me in Florida sometimes for several months at a time. Must I comply with Florida's insurance laws?
Yes. Any person who has a vehicle in Florida for more than 90 days during a 365-day period must purchase personal injury protection and property damage liability insurance coverage. The 90 days do not have to be consecutive.
I own multiple vehicles. Some are not used for different reasons, but the county I live in requires that the vehicles remain registered. Must I maintain insurance coverage on these vehicles?
Yes. Insurance coverage must be maintained throughout the entire vehicle registration period, whether the vehicle is used or not.
What can I do to avoid a driving privilege suspension when I choose not to insure a vehicle?
To avoid a driving privilege suspension, surrender the vehicle's license plate and registration at any Florida driver license or Tax Collector office, prior to canceling your insurance policy.
If my driving privilege is suspended for no insurance, will I be granted a temporary driver license for Business or Employment purposes?
No. There is no provision in Florida's motor vehicle insurance laws for the issuance of any sort of temporary or restricted driver license for financial responsibility suspensions.
I am self-employed as a taxi driver and the only vehicle I own is registered as a taxicab. Must I carry automobile insurance?
Yes. You must carry Bodily Injury Liability (BIL) coverage of $125,000 per person, $250,000 per occurrence and $50,000 for property damage liability (PDL) coverage.
I am moving out of state and will not be registered in Florida any more. Can I cancel my insurance?
Do not cancel your insurance until you have registered in the other state. Florida insurance is required as long as you are registered in Florida, regardless of whether you drive in Florida. Once you are registered in the other state, you can cancel Florida insurance and comply with the insurance requirements of the state you have moved to. If you are retaining the same carrier, they can switch you simultaneously with registration change.
http://www.flhsmv.gov/Spanish/

The penalty for a FIRST DUI conviction is:
• A fine of $250 to $500
• Imprisonment for up to six months
• Monthly reporting probation period (the total period of imprisonment plus probation may not exceed on year)
• Community-service work, with a minimum of 50 hours served
• Completion of an approved substance-abuse education course conducted by a DUI program licensed by the Department of Highway Safety and Motor Vehicles
• Revocation of the driver’s license for at least 180 days and up to one year
• Impoundment of the vehicle that was operated by the defendant for 10 days
SECOND conviction for DUI:
• A fine between $500 to $1,000
• If within 5 years of a previous conviction, a minimum 5 years revocation of driver’s license
• Imprisonment for not more than 9 months
• Completion of an approved substance-abuse education course conducted by a DUI program licensed by the DHSMV
• Installment of an ignition interlock device on all vehicles owned, leased, and routinely operated by the offender for a period of one year
THIRD conviction for DUI within 10 years of the prior convictions:
• Requires a fine between $2,000 and $5,000
• Defendant is guilty of a third-degree felony
• Mandatory imprisonment of at least 30 days
• Minimum 10 years revocation of driver’s license
• An ignition interlock device will be placed on all vehicles owned, leased, and routinely operated by the offender for a period of two years when the person becomes eligible for a license
• Impoundment of all vehicles owned by the defendant for 90 days
THRID conviction for DUI not within 10 years
• Requires a fine between $1,000 and $2,500
• Imprisonment for not more than 12 months
• An ignition interlock device will be placed on all vehicles owned, leased, and routinely operated by the offender for a period of at least two years when the person becomes eligible for a license
FOURTH conviction for DUI:
• Is guilty of a third-degree felony
• Imprisonment for not more than 5 years
• The offender’s license is permanently revoked, with no chance for a hardship hearing
• The fine imposed may not be less than $1,000
Florida’s Zero Tolerance Law - Simple answers to common questions!
Here are some simple answers to common questions about Florida’s Zero Tolerance Law for driver’s under the age of 21. The law is found in Section 322.2616, Florida Statutes.
What is the unlawful breath-alcohol level for a driver under age 21?
It is illegal for anyone under age 21 to drink alcoholic beverages. However, the Florida Legislature set the illegal breath alcohol level at .02 grams of alcohol per 210 liters of breath so that drivers under age 21 can take small amounts of medication containing alcohol would not lose their licenses.
How much can I drink before I reach .02?
Everyone’s body reacts differently to alcohol. Some people will reach .02 after drinking less than 12 ounces of a beer or a wine cooler.
Can I be arrested for DUI if I am under age 21?
Yes, if you are driving under the influence to the extent that your normal faculties are impaired or your breath-alcohol level is above .08, you can be arrested for DUI.
Will I be arrested for violating the Zero Tolerance Law?
No.
Will I lose my license if I am caught driving with a breath-alcohol level above .02?
Yes.
How long will I lose my license?
For a first offense, it will be suspended for at least six months.
Will my parents be called?
If you are under age 18, yes.
Will I be fined for violating the Zero Tolerance Law?
No, but you will have to pay a fee to get your license reinstated.
Will my insurance rates go up?
Probably.
Will I have an illegal breath alcohol level if I take cough syrup or other medication containing alcohol?
If you follow the directions, most medications will be not produce an .02 level. But, some medications contain other drugs that impair. You should not drive after taking a medicine that causes drowsiness.
DRUNK DRIVING IS NOT A VICTIMLESS CRIME!
A DUI CONVICTION STAYS ON YOUR CRIMINAL RECORD IN FLORIDA FOR LIFE!
AVOID ALCOHOL & OTHER DRUGS, ALWAYS BUCKLE UP AND NEVER RIDE WITH AN IMPAIRED DRIVER!
http://www.floridasadd.org/duilaws.htm

Florida Law provides that a Fourth Conviction for DUI requires a mandatory permanent revocation of your driver license. This mandatory permanent revocation of your driver license is required regardless of when the three prior DUI convictions occurred. Unfortunately, no hardship reinstatement is allowed under Florida law.