Motor Vehicle Accidents – All About Lawsuit Funding

Have you ever been in an auto accident or known someone who was? Did the person in the accident receive a cash payment prior to any settlement being made? This is the job of lawsuit funding companies. These companies have many rules that govern their actions, but there are several things to keep in mind when looking at automobile accidents, pre-settlement funding by these companies, and the preferences they have in funding cases.

Most cases that are going to be funded by these companies consist of injuries that were sustained in an automobile accident. There are several reasons this is the case:

1. First, these cases often are very clear as to who is at fault for certain actions taken. The driver of a car, for example, has certain rules they must follow, so when an injury occurs it is often easier to tell who was at fault. Because car accidents have police on hand and reports filed, it is fairly easy to tell who was the guilty party.

2. Determining the damage in the case of car accidents is often very simple. States have laws that basically list how much a person can claim for these types of accidents. They can add to this other losses such as wages and medical bills, but even these are easy to figure out. Using medical tests proves the injury is actual and not fabricated, and the wage statement of a person shows how much they lost due to an accident. These damage assessments make car accident settlements the main type of injury settlement as you can see.

3. The guilty party is typically shown to be able to afford the damages. Because almost everyone that drives has to have car insurance, they most likely have personal injury covered. In car insurance, personal injury is known as bodily injury. This is ultimately important because if the guilty party has insurance then they will be able to cover the damages, and this is important for these companies. It has been said that if the guilty party does not have insurance then there is no point in forming a case against them as they will not likely have the means to pay any judgment against them.

If you are driving a car and have insurance then you can know you have this type of coverage. This matters greatly for loan companies because they know that loaning you money as an injured party will be repaid because there was car insurance involved. Add to this the likelihood of winning you care and now you get a clearer picture of when loans are made and when they are denied.

A clear example can be made to show how this works. If an individual was involved in a collision and the other driver was injured, you would look at the guilty party’s insurance to determine the amount of coverage. If they are carrying a policy that covers for $20,000 then that is going to most likely be the amount you can actually collect on in a case. This does not matter if the person deserves more; it is the maximum coverage and therefore the most that will probably be collected.…

Car Injury Claim

Accidents can happen on roads anywhere at any time. If you are involved in a motor vehicle accident you should ensure that the accident is reported to your insurers to get the damage repaired to your vehicle. Some drivers who are involved in accidents may find that the third party offers to pay for the repair of the damage to your vehicle and try to get you to not go through the insurance company. It is unwise to do this as you may be suffering from a painful condition called whiplash injury that you may not yet be aware of as a result of the collision. If you settle in cash and don’t report an accident you will find things difficult later should you need to file a claim for injuries that are related to the car accident

Bodily injury claims are very common when a car collision occurs and usually if you are hit in the rear whilst stationary in traffic for example the liability is with the third party and the case is usually straightforward. There may be other occasions when an impact occurs such as being hit in the side of the vehicle when maneuvering in the road or in a car park that may require more investigation into the circumstances and liability of the incident.

Many people who are involved in a road traffic accident suffer from a painful condition called whiplash injury, which is damage to the soft tissue of the neck or spine area as a result of the rapid forward and backward motion of the neck. A seatbelt protects you but your neck is thrust into an unnatural position causing extension or flexion of the neck which cases damage often not too severe to the neck soft tissues. Due to whiplash injury being the most common form of injury that follows car accidents, it’s hardly surprising that more and more people are now seeking compensation, due to people knowing their rights.

The problem with whiplash is that the pain and discomfort may not be evident at the outset and can take days or occasionally weeks to develop. The trauma caused to the neck area in whiplash thankfully in many cases clears up within about eight weeks, seriously affecting the quality of your life whilst others go on for far longer and require lengthy physiotherapy and time off work causing further losses that you may be able to claim for. It has also been known that in some cases the neck has become more vulnerable to injury. Because whiplash is very difficult to diagnose it may only be spotted when an affected person visits his GP or accident & emergency department as x rays and other imaging equipment does not show up the problem.

In conclusion, do not settle for cash if the accident was not your fault. Should you need to make a car injury compensation claim then you need to do so within three years of the date of the vehicle accident injury.…

Florida PIP Coverage – Required Personal Injury Protection

Everyone in Florida must carry car insurance coverage. The specific amounts policies cover vary. There’s one required coverage that’s a must in Florida, the $10,000 PIP coverage. PIP coverage is defined under Florida Statue as “personal injury protection benefits”. It may have a deductible or no deductible at all. Hopefully you will never need your PIP coverage. If you do and have a deductible, remember that having one can cause immediate out of pocket expenses.

It is interesting that the Florida Motor Vehicle No-fault Law is new again and went back into effect on January 1, 2008. It now includes coverage for anyone in the policyholder’s car and covers damaged property arising from or is a result of an accident involving a policyholder’s vehicle. If a driver in Florida does not maintain personal injury protection coverage on their registered vehicle the State of Florida may suspend the policyholder’s driver’s license and vehicle registration. Sometimes personal economics or not being aware of one’s policy provisions adds confusion and complexity when an auto accident occurs.

Accidents with motorcyclists are unique and have special legal needs. Motorcyclists are not required to carry the PIP coverage that other drivers are required to carry. When the motorcyclist has no PIP coverage, the driver of the car involved with the motorcyclist can get an attorney to provide a letter of protection. This letter is abbreviated LOP and is written to assure medical or healthcare providers they will be paid from any future settlement, or court verdict. It can be wise to hire an attorney to handle the issues that arise from a car accident. Settling accident cases and issues, even in this no-fault era, can be time intensive and complicated.

Motorcycle injuries are usually far more severe to the rider than to passengers in cars. These injuries many times result in brain traumas, a loss of a limb or even death. The services of an experienced accident attorney can exercise special care to recover enough to properly provide adequate care for these types of injuries.

The State of Florida requirement for drivers of automobiles to carry the PIP coverage, and is designed to cover only 80% of the reasonable medical benefits and 60% of disability benefits. This is another reason to hire an accident and personal injury attorney soon after you are involved in an accident.

Property damage liability along with the financial responsibility for it has clear requirements under Florida Statute. Requirements are specific about self insurance or maintaining other coverage through a private insurance company allowed to transact this type of insurance in Florida.

There is lot to know about the Florida Motor Vehicle No-fault Law that came into effect at the beginning of 2008. An experienced accident attorney can navigate through the issues for you.

Here’s something to ponder. Consider something like the tricky and complicated traffic accident that involved many different factors last year. There was a huge pile-up of cars on Interstate 4 in central Florida and was widely reported in the media. The number of fatalities and injuries, not to mention property damage, was huge. The cause was attributed to low visibility from fog and from smoke of a controlled burn nearby. 50 cars and a few tractor trailers were involved. Sorting out this mess legally among all the involved parties makes it clear why an attorney is needed after accidents like this.…

Drunk in Charge – The Facts

Drink driving is not the only way alcohol and vehicles can get you prosecuted. There is also a criminal offense of being ‘drunk in charge’.

According to the law it is an offense for a person to be in charge of a motor vehicle on a road or other public place with excess alcohol in their breath, blood or urine, but what is classed as being in charge of a vehicle?

In cases of drunk in charge, each case is dependent on the facts relating to that specific case, but as a general guide a motorist is deemed to be in charge if they are the owner of the vehicle, are in possession of the vehicle or have driven the vehicle recently. You are not seen to be in charge of the vehicle if you are a considerable distance from the vehicle or if whoever is driving holds a full license.

For example if someone was attempting to remove a parking clamp then this wouldn’t count as drunk in charge as there is clearly no intention or way they could drive. An example of when someone would be seen to be drunk in charge would be if a mother was supervising her son who was driving on a provisional license, when she was over the drinking limit, as she may need to take the wheel if he became unable to drive.

The penalties for conviction of drunk in charge are a maximum fine of 2500, a maximum 3 month prison sentence and a maximum of 10 penalty points, and as a defendant you must prove that you were unlikely to drive rather than the prosecutor proving you were likely to drive.

A wide range of evidence can prove this, including medical evidence to show how soon the defendant would come back within the legal limit, a hotel booking or a receipt for overnight parking.…

Florida Driver License Requirements for Mopeds and Motorized Bicycles

In the practice of criminal defense in Florida, there are certain myths that an attorney routinely encounters in his or her dealings with clients and the general public. One common example concerns the requirement of a driver’s license for the operation of so-called mopeds or motorized bicycles on Florida public highways. The myth is typically expressed as follows:

“Even if my driving privileges have been suspended or revoked, I can legally drive a moped or motorized bicycle on a public street or highway in Florida because neither is considered a “motor vehicle” for purposes of the Florida driver’s license statute.”

The following article discusses the Florida statutes and case decisions governing the operation of mopeds and motorized bicycles without a valid driver’s license. Contrary to the beliefs of many, these types of vehicles almost always require a valid driver’s license to be lawfully operated on a Florida public street or highway.

Background: The Requirement of a Driver’s License for a “Motor Vehicle”

The statutory provisions governing driver’s licenses in Florida are contained in Chapter 322. Under Section 322.03, “a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license…” Under 322.34, a person who drives a motor vehicle upon a highway while his or her driver’s license has been canceled, suspended, or revoked, commits either a moving violation or a criminal traffic offense, depending on whether the person knew of their suspended or revoked status.

What is a “Motor Vehicle” for Purposes of Chapter 322, Florida Statutes?

The definition of “motor vehicle” for offenses committed under Chapter 322 is contained in Section 322.01(27), Florida Statutes. It provides as follows:

“[A]ny self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in [Section] 316.003.”

Although the statute refers to Section 316.003 as the definition of “motorized bicycle,” in actuality Section 316.003 merely defines the term “bicycle” and contains within that definition a description of “motorized bicycle.” However, Florida courts have universally interpreted this description as the operative definition of “motorized bicycle” for purposes of the licensing requirements of Chapter 322. Section 316.003(2) provides as follows:

“[E]very vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground… having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.”

Thus, unless the vehicle in question is propelled by a combination of human power and an electric helper motor, and unless that vehicle travels at speeds not in excess of twenty miles per hour on level ground, the vehicle does not qualify as a “motorized bicycle.” If the vehicle does not qualify as a motorized bicycle within the meaning of the statute, then it requires a valid Florida driver’s license, even it resembles what would commonly be thought of as a motorized bicycle.

Florida Case Law: “Mopeds”

Florida courts have specifically addressed the requirement of driver’s license in the context of a so-called “moped” operated on public highway. In State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003), the defendant was charged under Section 322.34 for driving on a suspended license while operating a moped. The moped in question had a displacement of less than 50 cc, did not exceed two horsepower, and had pedals to permit propulsion by human power so as to supplement the gasoline engine. The defendant moved to dismiss the charges, arguing that the “moped” was not a motor vehicle for purposes of Section 316.003(21), Florida Statutes.

On appeal, the Florida Fourth District Court of Appeal held that a moped was a “motor vehicle” for purposes of charges brought under Chapter 322. Using the definition of motor vehicle contained in Section 322.01(27), the court concluded that a moped was a self-propelled vehicle and was in no way excluded from the definition of motor vehicle for purposes of the Florida driver’s license statute. Thus, regardless of how the term moped was defined for purposes of Chapter 316 (pertaining to traffic control), the operative definition for driver’s license requirements was that contained in Section 322.01. The Court furthermore rejected the argument that the differing definition of “motor vehicle” in Chapter 316 rendered Section 322.34 unconstitutionally vague or ambiguous.

Like the Fourth District decision Meister, other Florida courts have rejected the argument that a gasoline moped is excluded from the definition of “Motor Vehicle” so as not to require a driver’s license. See Wood v. State, 717 So. 2d 617 (Fla. 1st …

A new car is quite exciting, but the shopping isn’t always fun. If you want to take the mystery out of getting a new car, it’s important to do all the research you can. Start by going over the various things this article is about to discuss, so you’re able to do all you can to make this experience enjoyable.

You will be wasting your money if you refrain from negotiating the price of the car. Never pay the sticker price of a vehicle. They are purposely inflated in order to allow room to dicker with the customer, and you should take advantage of this fact.

You should apply for a car loan before going to a dealership. Much of the delay that arises during car shopping results from the credit checks and financing hassles that take place. If you already have a loan when you walk through the door, you will have a much faster transaction.

Make sure your financing is in order prior to shopping for a car. Go to your bank or to your credit union. Doing so will cause you to get a much better rate of interest.

Know what type of vehicle you are looking for before stepping foot into a dealership. You should look it up on the Internet and be more educated about what you want. You will also be able to find a car you can afford and not be swayed by a salesman.

Get recommendations from family and friends with regard to their vehicles. Looking back on their experiences, do they feel they did the right thing? Do they regret their purchase? What have they heard about other models? If you are interested in purchasing a new vehicle, this article will give you some great advice.

If you don’t know how to deal with sales pitches that are high pressure, get a companion to shop with you. A friend can be brought along to help you figure out the worth of the car and ask questions that are important. Also, talk to the person you bring about the amount of money you wish to spend.

Rent a car in order to test it out. If you really desire to get a good feel for your potential vehicle, an extended rental is the way to go. Take a trip with your loved ones, and spend some time operating the vehicle. This is a great way to get comfortable with a car before making the huge commitment of a purchase.

Shop at month’s end. Most dealerships try to get to that specific quota for the number of vehicles they’ve sold. If you’re shopping near month’s end, you may find some fantastic deals. If the dealer has to make his or her numbers, you might be able to sneak out of there with a superb deal.

Buying a new vehicle can be quite the daunting experience for many. However, by spending some time planning in advance and learning, you can actually have fun buying a car. The above article is an excellent resource for beginning this process.…

Lemon Law Arbitration

State lemon laws will vary by state and will cover used, leased, and new cars used for non commercial purposes. The attempts at repair must have taken place within the period of the warranty. In some cases, the vehicle owner may have problems receiving compensation or a replacement of equal value. This will require the owner filing a motor vehicle lemon law dispute. When a dispute is filed, there will be a legal process called Lemon Law Arbitration.

After completing the specified number of repairs, you must send a letter and documentation to the manufacturer and dealer outlining the problem so that they have one more chance to correct the problem. If the situation is not resolved, you have the right to sue the manufacturer. This process will include arbitration. Lemon law arbitration is a right that can be enforced through an arbitration process overseen by the Department of Consumer Protection (DCP). When filing for arbitration, you must include: copy of the repair history, copy of the purchase invoice or lease agreement, proof of insurance, the completed Demand For Arbitration Form, copy of the manufacturer’s warranty, all repair receipts and work orders that includes the dates when the car was in for repair, and the copy of the vehicle’s registration.

As well, you must be able to show the vehicle has had the specified number of repair attempts mandated by your state during the first 18,000 miles or two years of service. The numbers can vary from state to state. You must also show that the vehicle has been out of service for a total of 30 days during the same period and the defect remains, and that the defect negatively impacts your ability to drive, decreases the value of the car, or will likely cause death or serious physical injury if the vehicle is driven. It is important to check your state’s lemon law statutes.

By law, manufacturers and dealers are required to provide compensation or a vehicle of equal value if a car is defective. Unfortunately, this does not always happen, therefore you have to make sure your rights are protected. If you purchase a vehicle that turns out to be a ‘lemon,’ you should consult with a Lemon Law Attorney. This is especially important if you have to file a demand for arbitration. Because the law can be confusing for the novice, an experienced attorney will defend your rights and make sure you receive the appropriate compensation…