Car Accident

Florida Bad Faith Insurance Claims and Civil Remedy Notice Requirements

Published on: March 7, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Florida law allows policyholders to pursue bad faith claims against the insurer when an insurance company refuses to honor its policy obligations. However, before filing such a lawsuit, the policyholder must submit a Civil Remedy Notice (CRN) outlining the alleged violations and allowing the insurer to correct its conduct. A recent appellate decision overturned a lower court’s ruling that dismissed a bad faith lawsuit against Travelers Home and Marine Insurance Company, finding that the insurer had waived any objections to the adequacy of the CRN.

Florida Court Reverses Dismissal of Bad Faith Claim

A Florida driver sustained injuries in a 2011 rear-end collision caused by another motorist with a $10,000 insurance policy through GEICO. The driver had underinsured motorist (UM) coverage with Travelers and sought additional compensation under that policy. Travelers refused to provide benefits, prompting the insured to file a CRN in 2012, a necessary step in pursuing a bad faith claim under Florida Statutes § 624.155.

Under Florida law, a policyholder must submit a detailed CRN to both the insurance company and the Department of Insurance before filing a bad faith lawsuit. The insurer then has 60 days to correct the issue or pay the claim, thereby avoiding litigation. After Travelers did not resolve the dispute, the insured filed suit in 2013, leading to years of litigation over the insurer’s handling of the claim.

Miami-Dade Schools Police Officer and Deputy Injured in Miami Crash

Published on: February 28, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A Miami-Dade Schools Police officer and a Miami-Dade Sheriff’s Office deputy were hospitalized after their vehicles collided outside Northwestern Senior High School. The crash occurred at the intersection of Northwest 67th Street and 10th Avenue around 4:50 p.m. Emergency responders transported both individuals to Jackson Memorial Hospital’s Ryder Trauma Center. Authorities expect both to recover, but investigating the circumstances remains ongoing.

What Happens When a Government Vehicle Causes a Crash?

Collisions involving government vehicles raise unique legal questions. When a law enforcement car, fire truck, or other public service vehicle crashes into a civilian car, pursuing compensation requires different steps than a standard auto accident claim. The government has legal protections that do not apply to private citizens, and these protections can limit liability or set strict requirements for filing claims.

Holding a government agency accountable differs from filing a claim against a private driver. Florida’s sovereign immunity laws restrict lawsuits against state and local agencies but allow claims under certain conditions. Victims of government-related crashes must follow specific procedures, including filing a formal notice of claim within a set deadline. Failure to meet these requirements may prevent recovery for medical expenses, lost wages, and other damages.

Florida Appeals Court Orders New Trial in Personal Injury Case Involving GEICO

Published on: February 18, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A recent Florida appellate court decision highlights the importance of accurate legal terminology in personal injury litigation and the potential consequences of trial court rulings on jury perception. The case centers around an October 2019 car accident in which the victim was rear-ended by a motorist whose insurance coverage was insufficient to compensate for the injuries sustained fully. The following lawsuit ultimately led to a dispute over whether the trial court’s classification of the tortfeasor as “uninsured” rather than “underinsured” unfairly impacted the proceedings, prompting an appellate court to order a new trial.

The Facts Behind the Lawsuit

Following the rear-end collision, the victim suffered injuries that she alleged were permanent. At the time of the accident, she carried an automobile insurance policy with GEICO, which included uninsured/underinsured motorist coverage with policy limits of $250,000 per person and $500,000 per accident. The driver who struck her vehicle had bodily injury liability limits of $100,000, less than the total damages the plaintiff sought.

The victim and her husband initially filed suit against the at-fault driver, alleging negligence. As the litigation progressed, they amended their complaint to include GEICO, asserting that the tortfeasor was underinsured and the victim was entitled to recover damages through her uninsured/underinsured motorist policy.

Disputes Over Jury Instructions and Evidentiary Rulings

One of the central issues in the case revolved around how the at-fault driver was characterized in court. Before trial, the victim moved to prevent any mention of the tortfeasor’s insurance status, arguing that references to underinsured motorist coverage could lead the jury to speculate about settlements. The trial court granted this request, instructing that the tortfeasor should only be considered “uninsured.”

Who Is Responsible When a Delivery Worker Dies in a Traffic Accident?

Published on: February 11, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A devastating crash in Pembroke Pines has left a family searching for answers. A scooter rider lost his life after colliding with a car while completing a food delivery. Video from the scene showed the scooter trapped beneath the front of the vehicle, illustrating the severity of the impact. Family members now hope for justice as law enforcement investigates.

When a traffic accident results in death, Florida law allows surviving relatives to pursue compensation if another party’s negligence played a role. Fatal crashes involving delivery workers raise unique legal questions. Determining liability is essential, especially when corporate insurance policies, driver negligence, or hazardous road conditions contribute to a collision. Families left behind may be eligible to file a wrongful death claim to seek financial recovery for funeral costs, lost income, and emotional suffering.

Delivery Drivers Face Greater Risks on the Road

Scooter riders and cyclists delivering food or packages must navigate congested streets while competing for space with larger vehicles. Unlike those in cars, they have no physical protection when a crash occurs. Many work long hours in unpredictable traffic conditions, increasing their exposure to reckless drivers. Some accidents happen when motorists fail to check for scooters while making turns or changing lanes. Others occur when distracted driving, speeding, or failing to yield leads to a preventable collision.

While food delivery companies provide app-based platforms for workers, they typically classify drivers as independent contractors rather than employees. This distinction limits their legal responsibility when accidents happen, often shifting the burden onto individual drivers and their insurance coverage. However, certain circumstances may allow families to hold additional parties responsible for a fatal crash.

Determining Liability When a Rideshare Driver Causes a Fatal Accident

Published on: January 14, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Accidents involving rideshare drivers often leave victims and their families facing uncertainty about who is responsible. A recent fatal collision in Florida involving a rideshare contractor highlights the challenges of determining liability in such cases. The decision to clear the rideshare company of responsibility sheds light on the factors that influence accountability under Florida law.

Rideshare Contractor’s Status at the Time of the Accident

According to the judicial opinion, the tragic accident involved a rideshare contractor who had been disengaged from the platform for several months. Driving a personal vehicle after completing a private errand, the individual entered a roadway where the fatal collision occurred. Evidence showed the driver was not logged into the rideshare app and was not performing any tasks for the company at the time.

In court, the rideshare company successfully argued that it could not be held liable under these circumstances. Florida law requires a clear connection between drivers’ activities and rideshare duties to establish corporate responsibility. Since the contractor was on personal business, the court ruled in favor of the company.

The Role of Causation in Florida Car Accident Cases

Published on: December 5, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent ruling by Florida’s Fifth District Court of Appeal emphasizes the critical role causation plays in personal injury claims following car accidents. In this case, a victim sought damages for injuries allegedly sustained in a 2019 rear-end collision. While the jury ultimately awarded over $1.6 million, the defense argued on appeal that causation remained a contested issue, and the trial court erred by removing it from jury consideration.

The appellate court’s decision to reverse the directed verdict on causation underscores the importance of proving the direct connection between the at-fault party’s negligence and the injuries claimed. In Florida car accident cases, demonstrating causation is often among the most challenging and hotly debated aspects.

What is Causation in Florida Personal Injury Cases?

Causation refers to the legal requirement that a victim must prove their injuries directly resulted from the at-fault party’s negligence. In car accident cases, this means showing that the at-fault party’s actions, such as failing to stop in time, caused the injuries for which the victim seeks compensation.

Understanding Your Rights After a Multi-Vehicle Crash in Miami

Published on: November 30, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent multi-vehicle crash in Miami left five people hospitalized, highlighting the serious risks of accidents involving multiple cars. According to reports, the collision occurred near Northwest 103rd Street and Northwest 17th Avenue, resulting in a chaotic scene of damaged vehicles, blocked traffic, and emergency responders working to assist the injured. While authorities are still investigating the cause of the crash, incidents like these raise important questions about liability, safety, and the legal options available to accident victims.

At Friedman Rodman Frank & Estrada, we understand how overwhelming the aftermath of a car accident can be. From navigating medical treatments to dealing with insurance claims, the road to recovery is often complicated. If you or a loved one has been injured in a similar accident, knowing your rights and legal remedies is crucial to securing the compensation you need.

Common Causes of Multi-Vehicle Crashes

Multi-vehicle crashes often result from a chain reaction of events. Speeding, distracted driving, poor weather conditions, or driver inexperience can all contribute to collisions that involve multiple cars. In some cases, a single negligent driver may set off a series of events that lead to widespread damage and injury. In Miami, where high traffic density and aggressive driving habits are common, these risks are amplified.

Determining fault in multi-vehicle accidents can be challenging, as multiple parties may share responsibility. For example, one driver may be at fault for following too closely, while another could be speeding or failing to maintain proper lane discipline. These complex scenarios make it essential to have an experienced attorney evaluate your case and gather evidence to establish liability.

Who Can Be Held Responsible in Florida Truck Accidents Involving Commercial Vehicles?

Published on: November 25, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A tragic crash in Miami Gardens earlier this week involving a Publix tractor-trailer and a pickup truck has raised questions about liability in accidents with commercial vehicles. The collision occurred near a Publix distribution center when the tractor-trailer was making a left turn, and a speeding pickup truck slammed into its trailer. Sadly, the pickup truck driver did not survive, and the incident highlights the complexities of determining responsibility in such cases under Florida law.

Can Employers Be Held Accountable for Their Drivers’ Actions?

In Florida, trucking companies like Publix may be held accountable for accidents involving their drivers through vicarious liability under the legal doctrine of respondeat superior. This principle means an employer can be held responsible for the negligent actions of its employees if those actions occur within the scope of employment.

Can Texting While Driving Lead to Punitive Damages in Florida Auto Accident Cases?

Published on: November 10, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Florida law allows injured individuals to seek punitive damages in certain auto accident cases where a driver’s behavior is deemed reckless or grossly negligent. A recent case involving an alleged texting-and-driving collision sheds light on what qualifies for punitive damages and the challenges plaintiffs face in proving such claims.

Texting While Driving and Gross Negligence

The case arose from a crash between a truck and a golf cart at a busy intersection. The victims alleged that the truck driver was texting while driving, which caused the accident. During his deposition, the truck driver admitted to briefly looking at his phone to check a text from his wife. He acknowledged that texting while driving is reckless and unreasonable.

Understanding Uninsured Motorist Coverage and Insurance Obligations in Florida

Published on: October 27, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent decision by Florida’s appellate court sheds light on important issues surrounding uninsured motorist (UM) coverage and the responsibilities of insurance companies when policies are updated or expanded. The case involved whether a newly insured party added to an existing policy was entitled to UM coverage despite the original policyholder’s prior rejection. While the trial court initially ruled in favor of the new insured, the appellate court reversed this decision, clarifying how UM coverage is handled under Florida law.

In Florida, auto insurance policies must include UM coverage unless the named insured explicitly rejects it in writing. This coverage protects individuals involved in accidents with uninsured or underinsured drivers. Understanding when and how UM coverage applies, particularly when new individuals are added to a policy, is critical for drivers seeking compensation after a collision.

Uninsured Motorist Coverage and Policy Changes in Florida

In this Florida case, the dispute arose after a new spouse was added as a named insured to an existing auto insurance policy. The insurance company had not provided the newly added insured a new UM Selection/Rejection Form, leading to a lawsuit. The trial court ruled that the new insured should have been offered the opportunity to accept or reject UM coverage. However, the appellate court disagreed, stating that the original named insured’s rejection of UM coverage applied to all subsequent policy changes, including adding a new insured.