Insurance

Rules and Regulations for Insurance Companies and Adjusters in Florida

February 26, 2024 | Wolfson & Leon

In Florida, insurance companies and adjusters are governed by a set of rules and regulations designed to protect consumers and ensure fair and ethical practices in the insurance industry. These rules are primarily outlined in the Florida Insurance Code and are enforced by the Florida Department of Financial Services (DFS).

Here are the key aspects of the rules that govern insurance companies and adjusters in Florida:

Prohibited Actions: Insurance companies and adjusters in Florida are prohibited from engaging in certain actions, including:

What To Do with Your Homeowners Insurance Complaints in Florida

August 16, 2023 | Wolfson & Leon

Miami-AM If you need to file a complaint about a homeowners insurance company in Florida, you can follow these steps:

1. Contact Your Insurance Company: Before escalating the situation, it’s a good idea to contact your insurance company directly. Explain your concerns and give them a chance to address the issue.

2. Florida Department of Financial Services (DFS): The DFS oversees insurance regulations in Florida and provides assistance with insurance-related complaints. You can file a complaint through their website or by contacting their Consumer Helpline:

Carsharing Accidents in Florida

June 9, 2019 | Wolfson & Leon

TextingDriver-1024x682 Turo and Getaround are the latest entries into the transportation landscape of South Florida. Think of it as an “Airbnb for cars”. It is also commonly referred to as the “car sharing” industry. Unlike Uber or Lyft, which are “ride-sharing”, car sharing companies such as Getaround and Turo offer to rent you someone’s car. The car owners place their vehicle for rent by the hour or by the day or week on the car sharing company app. But as with all vehicles, especially in Florida, the question ultimately becomes who will pay for injuries and damages in an accident caused by a Turo or Getaround driver and vehicle. That is where the Florida car sharing accident lawyers at Wolfson & Leon can help. If you were injured in an accident involving a Turo or Getaround car, then call the Turo accident lawyers or Getaround accident attorneys at Wolfson & Leon at 305-285-1115 for your free consultation.

Getaround Car Accidents

In 2009, Getaround was founded in San Francisco. It was launched at the TechCrunch Disrupt in 2011. It began in Portland Oregon with the assistance of a Federal Highway Administration grant of more than $1.7 billion. As recently as April 2019, Getaround bought the carsharing company Drivy for approximately $300 million. It operates in Washington DC, Denver, Los Angeles, San Diego, Atlanta, Philadelphia, Seattle, New Jersey, San Francisco, Boston, Chicago and South Florida including Miami.

What’s the Difference Between Comprehensive and Collision Insurance in Florida?

January 28, 2019 | Wolfson & Leon

Ramp When people think of auto insurance, they probably think of the comprehensive and collision insurance. But, most do not actually full understand the terms. So, what is the difference?

Comprehensive and collision insurance are two of the most common types of auto insurance that are offered to repair damaged vehicles. The two insurances, however, act very differently as they cover different types of damage.

Comprehensive car insurance is meant for damages which are caused by non-collision-related damages. So, anything that deals with inclement weather or theft or vandalism. Collision insurance, on the other hand, is meant for damages just caused by collisions. In both types of insurance, the coverage may include individual repairs or a full replacement of your vehicle.

How Could Instacart Not Be Insured?

July 23, 2018 | Wolfson & Leon

You might be surprised by this but Instacart doesn’t provide commercial automobile insurance coverage for its drivers. As a result, most Instacart drivers will not be insured. The Instacart driver may have their own car insurance, but unless they disclosed to the insurer that they were using that vehicle for commercial purposes then the personal car insurer is likely to deny coverage.

The only remaining option is for the Instacart driver to purchase and pay for their own commercial policy of insurance – and that is extremely unlikely as it is not required by law and the cost of a commercial policy is prohibitive. After all, we are talking about hard-working people trying to hustle and make a few bucks by shopping and delivering food for people.

Instacart in Florida

Miami Lyft Driver Killed in DUI Accident

August 24, 2017 | Wolfson & Leon

Car_crash_2 In March of 2017, a Lyft driver in Miami was killed in a Little Havana accident. The other driver was charged with DUI (Driving Under the Influence) for being high on crystal meth and cocaine. There were four passengers in the Lyft driver’s vehicle who were taken to the hospital. The family and survivors of the deceased driver and the passengers would benefit from the advice of a Lyft car accident attorney in Miami. These victims all face a potentially complex situation of insurance coverage.

Nicholas Castelao was ultimately charged with DUI manslaughter for driving while high on crystal meth. The Lyft driver he killed was Robert Torra. The accident happened in the residential area at the intersection of SW 25^th Avenue and SW 17^th Street. Castelao told a nurse at Jackson Memorial that he was high on meth. In addition, the investigating officers found a drug pipe near the vehicle after the accident. At the hospital, a nurse’s aide found 3 bags of drugs in the pockets of Castelao.

It is so sad that the selfish decision to drive while under the influence tragically impacted the Lyft driver and his four passengers. Not only were those folks affected, their families and friends also felt the impact. The unintended consequences of a tragic car accident extend far and wide.

Florida Legislation for Uber & Lyft in 2017

January 31, 2017 | Wolfson & Leon

Until now, Uber, Lyft and the transportation network companies (TNC) have dealt with local governments on a county by county basis. However, in January 2017 proposed legislation was filed in the Florida Legislature which is widely viewed as favorable to the TNC companies like Uber and Lyft. This is potentially good news for Florida consumers as well as Uber car accident lawyers and Lyft injury attorneys.

Uber, as the market leader in Florida, has taken the lead in the battles against local governments. Lyft typically waited for the dust to settle and fell in line with the results obtained by Uber. These battles were on display in South Florida over the past few years with Broward County taking the lead in fighting against Uber.

Broward County banned Uber and Lyft for more than 4 months after negotiations broke down with Uber. Unfortunately for Broward County commissioners, the public outcry and backlash was overwhelming. In the end, Broward County essentially complied and gave in to the terms that Uber demanded. Not long after a deal was reached between Uber and Broward County both Palm Beach County and Miami-Dade County fell in line.

The Most Important Insurance Every Motorcyclist Should Get

July 10, 2016 | Wolfson & Leon

boy Motorcycle accident lawyers in Miami come across this issue all the time. What kind of insurance should I get for my motorcycle? If you own a motorcycle, the most important insurance coverage you should have is uninsured motorist coverage.

If there is a motorcycle in your life – you, your spouse, your kids, your parents, even your grandparents – then you probably understand there is a risk. Especially in Miami. If you or a loved one is in a motorcycle accident, then two things are likely to happen. The injuries will most likely be significant or even fatal. Second, there is a very good chance the other driver will have little or no insurance. Those are just facts of life. Especially in Miami.

Motorcycle accident injuries can be severe. The simple fact is as a motorcyclist, you don’t have the protections that vehicle drivers have. You are directly exposed to the impact and the elements. In some unfortunate and heartbreaking cases, the motorcyclist is killed and a wrongful death case is brought on behalf of the survivors. In almost every motorcycle accident case, the medical expenses are astronomical in addition to the lost wages, loss of future earning capacity as well as pain and suffering.

Uber Gun Policy

July 7, 2016 | Wolfson & Leon

Miami police arrested an Uber driver in Coconut Grove for selling narcotics based on a tip. The law enforcement officers were engaged in an anti-gun violence operation. They received a tip and arrested the Uber driver at a convenience store on Grand Avenue. The driver was also in possession of a gun.

One question Miami personal injury lawyers face is whether Uber drivers and riders are legally allowed to carry a handgun when using the Uber app. The official Uber policy states: “Uber Firearms Prohibition Policy – Our goal is to ensure that everyone has a safe and reliable ride. That’s why Uber prohibits riders and drivers from carrying firearms of any kind in a vehicle while using our app. Anyone who violates this policy may lose access to Uber.”

Since Uber, Lyft and other ride-sharing transportation networks are privately held companies, they can uphold their Firearms Prohibition Policies. But in reality such prohibitions are unenforced until after something tragic or horrific happens.

Insurance Companies Blame Rate Hikes on Low Unemployment

May 22, 2016 | Wolfson & Leon

Lynne McChristian of the Insurance Information Institute recently told the Miami Herald that auto insurance rates are rising because of the drop in the unemployment rate as the main reason. “It’s an unintended consequence of low unemployment,” she said. “You have more people with jobs to go to.” That’s a new one for Miami car accident lawyers and their personal injury clients.

Four years ago, the Florida Legislature allegedly reformed the PIP (Personal Injury Protection) laws. As part of the reform deal, our insurance rates were supposed to drop. Car insurance rates dropped after the 2012 changes by 0.2% in 2013-2014. But in 2015-2015 those rates increased by 13.8% according to the Florida Department of Insurance Regulation.

Since January 2015, the insurance companies have raised automobile insurance rates an average of 15%. In fact Allstate has increased its PIP rates by 40 %.

Ms. Christian claims that average PIP claim in the last quarter of 2015 was $8280 which is close to the average in 2011 of $8,520 before the PIP reforms were instituted. Of course the insurance companies claim fraud is driving the rates higher in spite of the fact that these same insurance companies pushed through the reforms they wanted.

Insurance Company Statistics are Like Bikinis

Aaron Levenstein once said “Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital.” Insurance companies are experts in using statistics to move their agenda