January 2012 Archives

Understanding Diminished Value of Car After Accident

January 25, 2012

The value of almost every car is diminished after it is involved in an accident, regardless of how well the resulting repairs are performed. This is because consumers are reluctant to buy a car that has been previously crashed. In fact, if they knew that the vehicle they were about to buy had previously been involved in an accident, some people would probably walk away from the deal, while most people would probably use that information to get as large a discount as they could.

Your Insurance Company Won't Tell You About Diminished Value

Another interesting point is that your insurance company won't tell you about the diminished value of your vehicle after it has been in an accident...At least not voluntarily. They will tell you (even boast) about their excellent claims service, about the quality of the repairs made to your vehicle, how these are "guaranteed for life" and, that's it.

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South Florida Roads Not A Good Place For Anyone Not In A Car

January 24, 2012

South Florida roads continue to be a very hazardous place for anyone not actually inside a vehicle. And I don't mean pedestrians, who at times have seemed to be a favorite target... I mean any unfortunate driver that suffers a mechanical breakdown or an accident. Last weekend three people lost their lives when they were struck by another vehicle passing by where their damaged vehicle was stopped, according to the SunSentinel.com.

Good Samaritan Losses His Life Too

On Saturday, two 22 year old young ladies, Cheresa Nave and Megan Kea, suffered a minor single car accident when they hit a tree at about 4:30 a.m. Subsequently, 24 year old Andrew Edmond, a good samaritan, stopped to offer assistance. Shortly thereafter, the three were struck by a passing vehicle. Kea was killed at the scene, while Nave and Edmond died later at Broward General.

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Theme Parks Must Report Injuries

January 23, 2012

The newly opened Legoland has joined other Florida theme parks in reporting injuries suffered by patrons while visiting their venues, according to the SunSentinel.Com.

Injuries to be Reported to Bureau Of Fair Rides

The State's Bureau of Fair Rides receives quarterly reports of certain injuries and illnesses from all major Florida theme parks. For example, 12 injuries were reported during the fourth quarter of 2011 by Orlando's theme parks. The injuries included a fractured ankle caused by a slip and fall. However, the reports also include illnesses, such as the case of a 71-year-old man "not feeling well" before and after riding "Expedition Everest" in Disney's Animal Kingdom, who's reports have also noted that a blocked artery was a factor when a 43-year-old woman who complained of nausea and dizziness related to the Magic Kingdom's "Space Mountain" ride.

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Owner Of Car Is As Liable As Driver

January 10, 2012

I once heard someone say that in Florida it's ok to lend anything but your car to a friend...I didn't quite understand what that meant until I attended Law School and came across the "Dangerous Instrumentality Doctrine".

Vehicle Owner Equally Responsible

Under Florida Law, the owner of a motor vehicle is liable for the damages and/or injuries caused by another operating his or her vehicle. This rule is the result of the "Dangerous Instrumentality Doctrine" as adopted by the Florida Supreme Court in the case of Southern Cotton Oil Company v. Anderson, 80 Fla. 441, 468, 86 So. 629, 637 (1920) where the Court stated that: "one who authorizes and permits an instrumentality that is peculiarly dangerous in its operation to be used by another on the public highway is liable in damages for injuries to third persons caused by the negligent operation of such instrumentality on the highway by one so authorized by the owner".

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Suing A Close Friend or Relative May Be Unavoidable and Costly if Delayed

January 5, 2012

A Madison County driver has been charged with DUI manslaughter and vehicular homicide for the death of a passenger killed when he lost control of the vehicle and crashed last October, according to www.wtxl.com. On October 15 of last year, Henry Lee Robertson, Jr., was driving his car along US Highway 90 when he lost control of the vehicle, striking a telephone junction box and several trees before coming to a full stop. According to police, Henry had been drinking and his blood alcohol level was .224. Henry had two passengers with him in the car: Jamie O'Neal Hampton and Jerry Lacadrick Miller. They were all wearing their seat belts, but while Henry and Jamie survived, Jerry did not.

Having motor vehicle operators held criminally responsible if someone dies as a result of them negligently operating a vehicle while under the influence of alcohol or having these drivers held liable in civil court for the damages that their negligent driving caused, is not news. Therefore, we should not be surprised if the estate of Mr. Miller files suit for wrongful death against Mr. Robertson and his insurance company....

Yet, our experience over a combined 60 years of practice, has taught us that some victims hesitate to file a claim against the responsible driver due to a feeling of guilt over suing a relative or a close friend.

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