Wade Coye, Personal Injury and Car Accident Attorney

If you are in an accident involving several cars you may have many questions about who is at fault, whose insurance you should report to, and what exactly your rights are. What if there was a multiple-car pile-up on the highway? What if someone was hit and their car was pushed into yours? Who is responsible for your injuries or property damage?

Car accidents can be complicated, but there are a few things to keep in mind for every accident:

• Document the accident scene, damage, and injuries of anyone using the camera in your phone. These pictures will become invaluable no matter whose insurance you end up filing with.
• Call the police and file an official report. Many insurance companies will require this to process a claim, and the police will document a full and thorough record of the events. The police will also make sure to get the insurance information for all parties involved and can help you if you end up misplacing someone’s information, or need to file claims against multiple drivers.
• Seek medical attention immediately. Do not worry about payment or wait to speak with an insurance representative. You may be able to use your health insurance or car insurance to cover the cost of your injuries, but either way get treatment for your personal injury right away.
• Contact a personal injury and car accident attorney to discuss your options, rights, and responsibilities. An experienced attorney can help guide you through the process and coordinate multiple claims if need be.

Car accidents involving multiple vehicles can be especially tricky. On top of the regular concerns with vehicle collisions, there can be a question of ultimate responsibility, and insurance disputes can result.

For example, if you’re sitting at a red light and another driver rear-ends you, you may have a claim against that driver. But then what if a third driver rear-ends the driver behind you, causing their car to impact your car a second time? You may then have a claim against the driver directly behind you who impacted you once, and a claim against the driver behind them who caused them to impact you a second time. What if the driver who rear-ends you causes you to impact the car in front of you – can the driver in front of you place a claim against you, or should the claim for both you and the person in front of you be against the person who rear-ended you?

These kinds of examples show some of the reasons why consulting with an attorney may be the best option. If you can, speak with an attorney before speaking with the insurance company. Insurance companies will have experienced attorneys fighting on their side, and you don’t want to be left responsible for the damages or injuries that are ultimately someone else’s fault.

Wade Coye, Personal Injury and Disability Attorney

Not knowing your doctor and their reputation can end up being damaging to your personal injury or disability claim when it goes to court. If your doctor has personal baggage, a disreputable history, or other public information that you don’t know about but other people can easily find out, that information can come back to damage the validity of your claim. An insurance company’s attorney will make sure to present this information to a jury, and it may end up impacting your claim. A history of complaints or convictions may not cast the best light on the medical professional, and your personal injury or disability case could suffer as a result of the doctor’s past actions that have nothing to do with you.

Juries are presented with all the evidence of a case in order to make their decision. Therefore, the company you keep – professionally speaking, that is – can be put in front of a judge or jury. This information can include professional reputation, as well as an assessment of what kind of patients the doctor has a history of taking. It can be worth asking yourself: “Do I want a doctor who specializes in this kind of claim?”, because, while you may have simply been seeking treatment and looking for someone to provide medical assistance to your injuries, the doctor’s reputation can end up becoming an issue when in front of the jury. Although it may not seem fair, the jury can judge you by who you choose to medically associate with.

Don’t let the past actions of someone else have an effect on your claim and become a legal disadvantage. Discuss your medical provider with your attorney and make sure to bring up whether your practitioner might bring any particular strengths or weaknesses to your case. You might consider asking your attorney any questions you have about your doctor, whether or not they should testify, and how your case could be impacted by your relationship with them. Your attorney will be able to prepare to the best of their ability by knowing the names and specialization of your care provider early on into the course of discussing your case specifics.

If you are interested, you can easily find out more about your doctor online. The majority of information regarding your doctor’s professional history is available, and the web has terrific ability to archive events for decades. You can find out more about checking your doctor’s reputation and record here.

Wade Coye, Foreclosure Defense Attorney

Some of the most onerous changes are:

• The requirement that you seek medical attention 14 days after an accident

• A 75% cut in benefits if an injury is determined not to be an “emergency medical condition”

• The right of insurance companies to interrogate accident victims under oath

• The exclusion of effective treatment options, including massage therapy and acupuncture, from coverage

This new law is an outrageous grab by the insurance industry. Often times after a car accident, injuries will not become serious until over a month after the accident. However, the prudent consumer who waited until their injuries became serious to see a medical professional would be denied coverage because of the new 14 day requirement. Also, in a preliminary exam within the 14 day period, if your injuries have not yet become serious and you are determined to not have an “emergency medical condition”, you will be restricted to only $2,500 in P.I.P. benefits, as opposed to at least $10,000 under the old law. These two restrictions work together to limit the benefits insurance companies will pay out. The sooner you seek medical treatment, the less developed your injury may be, and therefore the less P.I.P. benefits your insurance company will pay.

Our elected representatives in Tallahassee passed this anti-consumer bill under the pretension of long-term insurance premium reduction. However, the mandate that insurance companies reduce premiums by set targets was scrapped from the final bill. Instead insurance companies are urged to reduce premiums, but if they can provide justification of why premium reductions were not feasible, then they are not required too. It seems that for up to a 75% reduction in benefits, insurance companies won’t have to pass along any savings to consumers.

After a car accident, mounting medical bills and lost wages can become staggering. The new power afforded to insurance companies will just make matters worse for accident victims. It is important to contact an attorney to ensure you obtain the greatest benefits following a car accident.

Wade Coye, Foreclosure Defense Attorney

The Servicemembers Civil Relief Act (SCRA) was designed and put in place to aid those on active military service from being involved in civil issues when they are overseas on deployment, fighting for their country. The SCRA helps alleviate worries for many deployed military personnel – it prevents them from being involved in a lawsuit such as a breach of contract, divorce, or bankruptcy. It helps servicemembers keep their debts manageable by assuring that mortgage companies and credit cards are limited in the interest amount they can charge to “protected” military personnel. It also includes provisions to protect active duty servicemembers from having their homes foreclosed upon. Unfortunately, in the last few years, many banks were conducting business against the servicemembers protected by this act.

In February the Department of Justice (DoJ) reached a settlement on behalf of active duty servicemembers whose rights were being violated in respects to their mortgages. Either these servicemembers were being charged too high an interest rate, or had been put into foreclosure although they were considered “protected” by SCRA. The settlement amount totals $25 billion. JPMorgan Chase & Co, Wells Fargo & Company, Citigroup Inc., and Ally Financial have all been instructed to conduct reviews into the matter, with the DoJ overseeing the investigation. These banks must provide mortgage relief and pay back the military homeowners who were foreclosed upon – at least $116,785 apiece, in addition to any home equity that would have accrued since the foreclosure. If a military servicemember was not foreclosed upon, but has been charged an interest rate in excess of the allotted amount, they may be eligible to receive up to four times the amount they overpaid in interest.

To find out if you qualify as a member of this settlement, there are a few simple questions to ask yourself:

• Is one of the mortgage holders on active duty with the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Guard?
• Was the active duty servicemember’s mortgage held through one of the financial companies listed above? (Wells Fargo, Citigroup, or Ally Financial)
• Was the home foreclosed on since 2006?
• Was the mortgage rate on the home above 6%, or is it currently still above 6%?

If you can answer “yes” to these questions, you should consider contacting the Coye Law Firm immediately to discuss your rights and seek assistance as a recipient of this settlement. While the White House has stated) that eligible servicemembers do not have to apply to receive compensation, consulting with an attorney can help speed the process along and aid getting you your settlement amount quicker.

Wade Coye, Accident & Injury Attorney

Sometimes after a loved one dies, there are disputes regarding discrepancies between the deceased person’s will, the law, and what the family believes would have been the intents or wishes of that person for their estate. If this has happened to you or your family, involving a lawyer can be one of the best ways to work through these discrepancies and create a solution for everyone.

Florida Constitutional law establishes spouses as the primary benefactors in the event of death. That means that even if someone has written a Last Will and Testament it is considered void by the marriage and gets overridden with the benefits entitled to the spouse in mind. The spouse who suffered the death of their significant other can claim life estate in property such as a home or land. They can also file for an elective share of communal property, and ask for a family allowance of the estate. Therefore, even if the person’s Will delegates certain property in a certain way – for example, leaving a family homestead to a child, or business assets to a business partner – the Constitution may override their Will and declare the spouse as the rightful inheritor.

This can be an especially tricky probate issue if the surviving spouse is the second or third spouse of person who has passed away. Children from previous marriages and other family members may feel that along with losing their loved one, they are also being considered unfairly in the distribution of the deceased person’s assets.

It can be very important to consider a prenuptial agreement prior to a second (or subsequent) marriage. Many people feel they don’t need to worry about estate planning, a Last Will and Testament, or otherwise protecting their assets until they reach a certain stage in life or have amassed a certain level of assets, but really it’s never too early to find out about the laws and paperwork that can help protect your family in a time of loss and tragedy.

Wade Coye, Accident & Injury Attorney

With spring in the air many of us are thinking about getting outside and enjoying the warming weather – the beaches, the theme parks, and all the other great things that life in Florida has to offer. Of course, in colder places in the country people are waking up to the same realization. Many of them decide to come to Florida on vacation to enjoy all the same benefits. These extra visitors mean extra drivers on the road, and that can also mean a higher number of car accidents.

According to the Florida Highway Patrol 2010 crash statistics report holiday periods such as spring break, Memorial Day, the Fourth of July, Labor Day, and the winter holidays can have a significantly high number of car accidents. Sadly, the number of those accidents involving fatalities also increases dramatically. On average throughout the year, there is an accident somewhere in Florida in which a person dies once every four hours. That’s six deaths per day. During holiday periods, that raises to one death every three hours, which is an average of eight deaths per day. Alcohol can also play a significant factor in fatal traffic accidents. Through most of the year, 32% of fatal car accidents involve alcohol. Not surprising, over holiday periods that jumps to an astonishing 43%.

If you’re in a car accident with someone from out of town there are special considerations that you need to be prepared for when filing an insurance claim. Other states have different insurance at-fault laws, the driver may be in a rental car, and if it is someone visiting from another country it may even be more difficult to claim damages against them after they leave the country. Also, if it is a teen or young adult driver who is driving a vehicle owned by their parents, or who is still on their parents’ car insurance policy, there may be certain things for you to remember as well.

With vacationers of all kinds coming to Florida this month – students around the country on spring break, Daytona’s Bike Week event visitors, and visitors to Epcot’s Flower and Garden festival, to name a few – you can expect there to be more drivers on the roads, some slower traffic at times, and potentially  some dangerous highway driving conditions. Be safe, be cautious, and as always, never drink and drive.

Wade Coye, Accident & Injury Attorney

Night time driving is more dangerous than daytime driving because drivers cannot see each other as well, and may be more likely to have accidents with objects in the road or other drivers. Accidents at night can involve serious personal injury and property damage and drivers should take extra care when driving at night.

Some accidents at night are caused by the lack of proper headlight maintenance. Over time, headlights collect dirt, debris, and substances from precipitation that can build up on them, causing yellow, dingy, or cloudy appearance and affecting visibility. As a driver, when your car’s headlights are not shining properly, you may be less able to see road hazards in front of you, such as objects in the road that can puncture your tires or cause you to swerve and be involved in an accident.

Low headlight visibility can also cause you to be less apparent to other drivers on the road, and in dangerous weather driving conditions such as rain, fog, or snow having low conspicuity can increase your likeliness of being in an accident. When driving at night, in order to stay safe on narrow or extremely busy roads, you might avoid an accident if you keep your headlights well maintained. You have a high chance to be involved in an accident while driving at night with another car, truck, motorcycle, or bicycle if you cannot see well and other drivers cannot see you.

A driver’s ability to be seen is called conspicuity. Conspicuity is “conspicuousness or the state of being conspicuous” (or easily seen) – as opposed to being hidden or stealth. Conspicuity is especially important for large trucks that (by regulation) are supposed to have appropriate reflective markings so they can easily be seen by other drivers at night or under poor visibility conditions. It’s important for other drivers to make sure they can see and be seen by truck drivers in order to avoid accidents. If you’ve been involved in an accident with a large truck there could have been an issue of proper conspicuity. Whether or not they were marked and clearly visible can matter greatly to your claim.

Motorcyclists and bicyclists should also always be concerned about their conspicuity when driving at night to ensure that they are seen in order to avoid accidents. Motorcycles and bicycles come with reflectors at key points on the body frame, and riders should wear helmets and gear with additional reflective patches or tape to alert drivers to their presence. There are many things that motorcycle and bike riders can do to be safe, and if you’re planning to ride at night, it is worth your time to take a look at a few of the most common safety tips. If you are a bike or motorcycle rider who has been involved in an accident at night, make sure you bring up the issue of conspicuity when discussing your claim with your accident attorney.

Headlights are one part of your vehicle that can be simply and easily maintained without paying professional mechanics’ fees, and is worth it if you do a lot of night time driving. Simply washing your car often won’t wash away the build-up that accumulates on your headlights, and it can be worth your time to invest in spending a few dollars for a specific kit designed to clean your headlights so that they are like new. You may have to invest a couple hours over a weekend and a few dollars in these kits, but it is worth it to be conspicuous, have good visibility, and avoid accidents when driving at night.

There are a number of headlight cleaning kits on the market, reviewed by consumers and consumer reporting agencies alike, that can help you avoid accidents. Consider other people’s feedback and comments, or ask a friend who knows about cars or a mechanic you trust for their recommendations. There is plenty of information on the internet available to help you make the decision for which cleaning kit is right for you and your car. No matter what kit you choose to use, cleaning your headlights is well worth it to help keep yourself and your family safe by avoiding accidents when driving at night. If you have been involved in an accident because of night time driving, make sure you discuss all issues of conspicuity with your accident attorney, and find out your rights for personal injury and property damage claims.

Wade Coye, Accident & Injury Attorney

The regulatory oversight of various areas of our life and consumer products is critical to ensure safe food, highways, motor vehicles and other aspects of social living that we enjoy. When this oversight is conducted by independent agencies without vested interests in the outcome of the regulation, it is much more beneficial to the individual consumer and the whole society than when regulation occurs by companies which can be affected by the outcome of it.

The ideal situation would be that regulatory agencies involved in the oversight are free of ethical considerations. Industry appointments may impair the independence of the decisions made by the regulators, and can cause unexpected ethical conflicts. It is difficult to expect independent agencies to conduct regulatory oversight, since on one hand government regulation can stifle economic growth by restricting companies’ abilities to function lucratively in a free market. On the other hand, regulation that occurs essentially by the companies that are regulated amounts to basically no regulation at all.

The NY Times and the LA Times have reported this month on the National Highway Traffic Safety Administration (NHTSA) being back in hot water regarding the regulatory oversight of their decision about unexplained vehicle acceleration which occurred in 2009 and 2010 with various models of Toyota vehicles. In those cases, the NHTSA investigation found that faulty gas pedals and floor mats, or driver error, were responsible for the numerous crashes and deaths that ultimately caused Toyota to issue a recall on affected models. Currently, the firm Safety Research Strategies is bringing a freedom-of-information lawsuit against the NHTSA to force them to release documents and videos which support that faulty electronic equipment may instead be to blame.

The situation is that the NHTSA may have vested interests, both in respects of finances and public image, which may keep them being entirely forthcoming about the cause of the unexplained vehicle acceleration. Highway and motor vehicle safety is a function of well designed and well manufactured vehicles, well designed and well maintained highways, and safe drivers. Without all three, the results can be severely injured or killed people, millions of dollars in damages for medical expenses and lost wages, higher insurance costs, and ultimately poor public faith in companies such as Toyota or institutions such as the NHTSA. Government agencies staffed by industry insiders is a bit of the case of the fox guarding the hen house. Who is watching the regulators who are supposed to be watching out for us?

Wade Coye, Accident & Injury Attorney

Some doctors, or medical offices, may exclusively treat patients who were injured in auto accidents and are processing claims through insurance. Having this type of doctor manage your medical care has its strengths and weaknesses. Sometimes, doctors whose practices have a bit more balance – in other words a medical practice that handles a variety of trauma cases not necessarily all of which are involved in legal matters – may be beneficial for an injured client. Doctors who deal exclusively in auto accident claims may appear at first glance to be positive to an injured person’s case, however this can actually be “too much of a good thing.”

I also find that if the person’s injury requires services of an orthopedic surgeon, neurosurgeon, neurologist, psychiatrist, chiropractor or other specialist, there are a multitude of medical offices that will be efficient in treating patients quickly, ordering any needed tests early in the treatment process, and accept a variety of health insurances. These specialists typically do not specialize in treating patients whose injuries come from one source, and their experience dealing with the legal system and insurance claims processing can vary widely.

While it is true that doctors who do specialize in auto accident claims are obviously aware of the legal process and have experience testifying in court; yet, sometimes insurance companies attempt to label and vilify these medical professionals as “plaintiff’s’ doctors.” This insinuates that the doctor only offers favorable opinions to injured patients, and therefore that their opinions are insubstantial as medical evidence. If you’ve been injured in an auto accident you don’t want any prejudice – even perceived – against the medical professional who is testifying about your injuries and necessary treatment.

Wade Coye, Accident & Injury Attorney

A medical professional does have the right to refuse to testify in court regarding a patient’s medical records. However, the patient has the right to subpoena the medical professional to appear. While this is an option, it is not always the best solution. A doctor who feels that they’ve been “forced” or “pressured” into appearing in court by a subpoena may be uncooperative and not an ideal witness. Recently, we were faced with a situation where one of our clients had actually been presented with a document to sign that released the treating doctor from providing testimony in a court case under any circumstances. Certainly, this doctor may have outstanding credentials and may provide excellent care to patients, but there can be grave consequences to a personal injury case if an injured person receives medical care from a doctor with this mentality.

It can hurt your claim if your doctor won’t testify in court on the specifics of your injuries. The opinions about the care a client who is suffering from a personal injury needs during their case, opinions about that person’s future care, and specifics of the costs and expenses associated with that care are all details that typically are decided by the treating doctor.  You can imagine the problems that can arise if you have been treated for several years while paying the medical bills or your health insurance costs and expecting to need care in the future, and then the doctor who has been managing your care during that time refuses to participate in the legal process.

If there is a need for immediate care but not emergency room care and the only available resource to pay the expense of the medical care is a person’s personal injury protection or no fault insurance benefits, then an Urgent Care Clinic is a solid option from both a medical and legal standpoint. Typically, urgent care clinics cost less than a hospital emergency room, a person can be treated very quickly and efficiently, and it can save an injured person money in both the short and long-run. In this case, most Urgent Care Clinics will not ask patients to waive the doctors’ professional testimony, and if they do, it may be worthwhile to subpoena the medical professional based on the fact that the patient had limited choices and sought care so that they did not have to suffer further with their injury.