South Florida car accident lawyer

11th Circuit Weighs Car Accident Bad Faith Insurance Claim

February 23, 2020 | by David J. Halberg, Esq.

A city police officer struck by a van and seriously injured while directing traffic in Florida secured a claim for workers’ compensation and a settlement of $1.5 million against the at-fault driver. More recently though, he lost his claim for bad faith insurance. Florida car accident lawyer

Florida’s bad faith insurance law is designed to protect people why buy insurance and fulfill their contractual obligations (paying their premiums) by making sure the insurer acts in good faith when investigating, handling and settling an insured’s claims. Insurers are compelled to settle claims when a reasonably prudent person would. Failure to settle when extended a reasonable offer to do so can give rise to a bad faith insurance action.

In deciding whether an insurer has acted in bad faith, courts are supposed to consider the totality of the circumstances. The standard isn’t negligence but whether the insurer acted diligently with the same speed, care and rigor it would if it were in the insured’s shoes in working to avoid an excess judgment.

In many bad faith insurance claims stemming from auto accidents, the third-party injured person can obtain from the right to step into the shoes of the at-fault driver insured and pursue a claim against the at-fault driver’s auto insurer. That was what happened in the recent bad faith insurance case involving the Florida city police officer. Continue reading

Dealing With Insurance Companies After a South Florida Car Accident

February 15, 2020 | by David J. Halberg, Esq.

Insurance companies play a key role in the aftermath of any South Florida car accident – no matter who is at-fault. Although you may be able to manage a very minor fender-bender claim on your own directly with an adjuster, anything involving injuries or substantial property damage warrants a consultation with an attorney. Florida car accident attorney

The reason is that regardless of the feel-good slogans of auto insurers, they are not “on your side.” This is true even if it’s your own insurer you’re dealing with. The fact that you’re the one paying the premiums every month generally doesn’t make insurers any more inclined to issue a payout.

Possible Insurance Claims in a Florida Car Accident

The types of claims you can file in a South Florida car accident will depend heavily on what exactly happened, how seriously you were hurt and the terms of the insurance policies involved. Continue reading

Be Wary of Highway Traffic Hazards During South Florida Thanksgiving Travel

November 25, 2019 | by David J. Halberg, Esq.

Although most tend to think of New Year’s Eve as the most dangerous for holiday travelers, the truth is Thanksgiving is typically far more perilous. Hundreds of people a year are killed in crashes during the Thanksgiving travel period. In fact, Thanksgiving Day was reported to be the single deadliest day on U.S. roads in several of the last 15 years. South Florida car accident lawyer

AAA reports the 2019 Thanksgiving travel season will see the second-highest volume of holiday road traffic since the agency began keeping track almost 20 years ago. An estimated 55 million people will be taking a trip of 50 miles or more, and 49 million of those will be driving. In Florida, there will be at least 3 million travelers.

AAA predicts major road delays throughout the entire week, peaking Wednesday afternoon the day before Thanksgiving. Orlando, Miami, Tampa and Fort Lauderdale are listed as prime national destinations for holiday travelers, which means Florida roads especially will be crammed – and dangerous. Continue reading