Legal Insights Blog | Rader Law Group

Golf Carts – Case highlights the need-to-know what insurance coverage you have.

February 2, 2023

In a nightmare scenario, on July 4, 2016 a minor drove a 1987 golf cart owned by her neighbor with four passengers on board and collided with a 2008 Dodge Caliber. The accident resulted in significant injuries to the passengers in the golf cart including one passenger who was ejected and sustained a brain injury. Those passengers then sued the minor (her parents) in Florida state court for their injuries, hospitalization expenses, disfigurement, and mental anguish. Geico insurance company, their automobile carrier with $10,000/20,000 coverage, provided a defense to the minor pursuant to a reservation of rights clause included in the automobile insurance policy. This means that Geico defended the case by hiring an attorney to represent the minor, but reserved the right to contest that the golf cart was covered under the insurance policy. The injured passengers prevailed to the tune of an $18 million judgment, and the state court entered a final judgment in excess of the policy limits.

Following entry of the state court judgment, Geico filed a declaratory action on April 11, 2020, to determine the rights and obligations of the parties under the insurance policy in Federal Court. The ruling in the case came down to the definition of the word “auto” in the policy. As the Court stated:

“Geico contends that the testimony of all other deponents is the same and that there is no evidence to find that an “private passenger auto” is anything other than a vehicle that has the “capacity to be driven legally and safely on public highways.” So, given that Florida makes it unlawful to operate a golf cart on public roads or streets unless they meet specific exceptions, Geico concludes that there is no coverage for the underlying accident.”

Initially, the district court agreed with this reasoning and sided with Geico but, in a startling reversal, the Federal appellate court on September 29, 2022 stated:

“The district court erred in granting the insurance company’s motion for summary judgment on its claim for declaratory relief because district court erred in determining that the golf cart did not qualify as a “private passenger auto” as defined in the insurance policy and that the policy did not provide liability insurance coverage for the accident for that reason. Reading in isolation, the policy definition of “private passenger auto” included golf cart as it was a four-wheeled, privately owned, passenger vehicle.”

Because the Court ruled that the golf cart was an “private passenger auto”, the case was returned to the lower court to determine whether Geico would now be on the hook for the judgment. Obviously, this is a complicated and evolving area of law and it takes attorneys of skill and experience to address these issues for their clients.

If you own or operate a golf cart, or allow your children to drive them, are you covered? If you’ve been in an accident while in a golf cart and your insurance company refuses to pay or protect you, do you know your rights?

Rader Law Group, LLC

With decades and decades combined experience, the attorneys at Rader Law Group understand the meaning of Justice. Our one and only mission is to get each client the justice he or she deserves; our team of attorneys never back down when we know our client is right.
We offer our clients the compassion and guidance they need as they work through trying times in their lives. The balance of working relentlessly for our clients combined with our caring approach has helped us achieve a fantastic record of success with our clients. We get our clients the justice they deserve.

At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.

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I Was in a Minor Accident… Do I Still Need to Hire an Attorney?

January 24, 2023

You were a few short blocks from home when a distracted driver hit the back of your car. They were traveling slightly above the speed limit, and at the time of crash, it appeared that nobody was injured and the cars had just some damage. Nonetheless, you called the police, filed a police report, and went home after the ordeal. Since you feel fine, do you need to call an attorney? Can you just call the insurance company, make a claim for your damaged car and put this behind you? If and when the insurance company offers you a small sum of money for your troubles, so you “can get yourself checked out,” should you accept it? While, yes, you could do that, it’s not in your best interest and may cost you significantly in the long run.

While you may think you are uninjured, it may be that your injuries have not shown up yet. After a scary event like a car crash, your body experiences an adrenaline rush which can mask the symptoms of an injury. In the hours and days after the crash, you may start to feel some aches, pains or other symptoms of your injuries. This is especially true for “invisible injuries” like soft-tissue injuries, whiplash, muscle sprains and strains. Additionally, some injuries, such as concussions or traumatic brain injuries (TBIs) may take days or weeks to reveal themselves. By contacting an attorney soon after the crash, you will have the benefit of their advice on when and how you should seek medical care if you don’t have immediately obvious pain or injuries.

Once you speak with an insurance company and accept a nominal settlement offer, you cannot come back, ask for more or say you did not get enough. You will be forced to pay for any future necessary medical care on your own. By having an experienced personal injury attorney advocate on your behalf, you have a far greater chance of securing just compensation, full and fair reimbursement for all your harms and losses, not just for your medical bills, but also for lost wages, future loss wages, job retraining, pain and suffering, and mental anguish. Non-economic damages (pain and suffering and mental anguish) are nearly impossible to secure if you try and take on the insurance company yourself. Only an injury attorney who understands your rights and who knows how the insurance companies operate can maximize the likelihood of being able to collect these damages.

Hiring an attorney to manage your claim also puts the insurance company on notice that you are serious about wanting the compensation you are due. They know that you have a professional on your side who will not tolerate lowball offers and will fight for you to receive justice.

If you were involved in a minor accident, you have nothing to lose and everything to gain by contacting an expert car crash attorney, like Rader Law Group. We offer free case consultations and only charge a fee if we settle your case or win a verdict in court. Call us today to learn your rights.

Rader Law Group, LLC

At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.

References Used:
National Highway Traffic Safety Administration. Motorcycle Safety: Helmets, Motorists, Road Awareness | NHTSA. Accessed November 10, 2022.
National Highway Traffic Safety Administration. Motorcycle Safety: Helmets, Motorists, Road Awareness | NHTSA. Accessed November 10, 2022.
The Florida Department of Highway Safety and Motor Vehicles. Crash Dashboard – Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov). Accessed November 9, 2022.
National Highway Traffic Safety Administration. 1.1 Universal Motorcycle Helmet Use Laws | NHTSA. Accessed November 9, 2022.
The Florida Legislature. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). Accessed November 10, 2022.

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Case Verdict – Auto Accident Case Involving Spinal Injuries

January 12, 2023

Rader Law Group Attorney Howard Weitzner made the start to the new year a successful and happy one for two of his clients, obtaining the full insurance policy limits for each of them in their respective auto accident cases this week. Though every case we handle is unique and we tailor our approach to meet the individual needs of our clients, there were some important similarities that these two cases shared.
In each of these cases, our clients suffered injuries to their spine requiring what is known as interventional pain management. In simpler terms, after undergoing some conservative physical and chiropractic therapy and having MRIs performed to determine the extent of their injuries, our clients received treatment from pain management specialists in the form of injections to help alleviate their back and neck pain.

Each client was also faced with the unfortunate situation where the at-fault driver, the tortfeasor, had no bodily injury coverage. This means that in both cases, the at-fault driver had no available insurance to reimburse our clients for their medical bills, lost wages, pain, suffering, mental anguish and other harms and losses. Fortunately, each client had the foresight to have their own insurance called uninsured motorist protection or UM. This is the automobile insurance one carries to stand in the shoes of the at-fault driver if he or she either did not have any or enough insurance to fully and fairly compensate an injured party in a car crash. When the other driver is uninsured, with UM, your insurance company will become responsible to pay those damages you incur as a result of the crash.
Here, after initial denials or paltry offers, Mr. Weitzner’s persistence and refusal to back down helped his clients obtain the full policy limits from their uninsured motorist carriers, giving them the justice and results they deserved. Mr. Weitzner provided each insurance carrier with the information and argument necessary to fully and fairly evaluate these claims, which settled without the need to file a lawsuit. One of the cases was settled in just over three months.

Rader Law Group, LLC

At Rader Law Group, we like to say that your justice starts here. We believe that our client’s path to a full and meaningful recovery begins with hiring competent, experienced and accessible legal counsel that they can count on and with whom they can have honest conversations. The ability to obtain justice, however, begins with having the right insurance coverage. In South Florida, some studies estimate that more than 1/3 of driver of uninsured, with even more being underinsured. We are in the midst of a true insurance crisis. When the at-fault driver has no insurance and our client does not have uninsured motorist coverage, there is often little if anything we can do. It is essential for South Florida drivers to properly protect themselves and their families by purchasing auto insurance policies with uninsured motorist protection.

To learn more about how your rights may be affected by different types of insurance, or to learn more about what to do after an accident, you can contact Howard Weitzner and the injury attorneys of Rader Law Group at 954-913-2273.

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Collecting Compensation for Your Bike Accident

January 6, 2023

One of the joys of living in the Sunshine State is biking year-round. Bicycling is an excellent way to exercise, travel in an eco-friendly manner, and enjoy Florida’s beautiful scenery. However, sharing the road with cars and trucks also presents dangers. Florida has the highest bicyclist fatality rate in the nation, with 1,428 cyclists killed between 2011-2020 . The Florida Department of Highway Safety and Motor Vehicles reported that from January 1 – December 1, 2022, there were 6,357 bicycle crashes in Florida, resulting in 5,982 injuries and 177 fatalities.

Bike accidents tend to occur in urban areas . Two of the most common types of bicycle accidents are left and right hooks. In a left hook, a driver makes a left turn, does not see the bicyclist in the bike lane coming from the other direction, and cuts off the bicyclist, causing them to collide with the car. A right hook accident is the same idea, but in this case, the bicyclist is traveling in a bike lane in the same direction as the car and the car cuts off the bike while making a right turn. Another common cause of bike accidents is when a driver parks their car and opens their door without looking, causing the bicyclist to crash into it. This can cause the cyclist to fly into oncoming traffic.

Unlike cars and trucks, bicycles offer their riders no protection, which can lead to serious injuries, such as spinal cord injuries, disfigurement, broken bones, soft-issue injuries, concussions and traumatic brain injuries. If you or a loved one have been a victim of a bicycle accident and suffered a serious injury, you are entitled to collect damages for your losses. What most do not know is that your car insurance, through the Personal Injury Protection (PIP) benefits, will cover the first $10,000 of medical bills and lost wages incurred from a bike crash. However, if you have been seriously injured, $10,000 won’t begin to cover your ongoing and growing expenses for care and treatment for your injuries.

That is where the personal injury law firm of Rader Law Group can help, by working with your medical providers and other experts to determine the value of your economic and non-economic losses. We will make a claim to the negligent driver’s insurance to cover your damages for current and future medical bills, mental and physical therapy, rehabilitation, nursing care, lost wages, pain and suffering, and mental anguish. At our personal injury law firm, we will tirelessly work to hold the at fault driver responsible and accountable for all the wrongs they have caused. When you work with Rader Law Group, if the insurance company won’t offer an acceptable settlement, we will fight the insurance company and their hired lawyers in court.

Rader Law Group is dedicated to seeking justice for victims who have been injured due to someone else’s negligence. If you are the victim of a bicycle accident, contact us today for a free, no-obligation consultation.

Rader Law Group, LLC

At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.

References Used:
NHTSA. Workbook: DV_FARS_PC (dot.gov). Accessed December 12, 2022.
FLHSMV. Crash Dashboard – Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov). Accessed December 12, 2022.
NHTSA. Workbook: DV_FARS_PC (dot.gov). Accessed December 12, 2022.

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Do I Really Need to Wear a Helmet when Riding a Motorcycle?

December 21, 2022

The feeling of exhilaration when you’re cruising the open road on your motorcycle is one of life’s greatest pleasures. It’s also one of life’s greatest dangers. Even with a helmet, riding a motorcycle is inherently more dangerous than other forms of transportation – you are traveling at a high speed without the protection that a car provides if you are in an accident. In 2020, the National Highway Traffic Safety Administration (NHTSA) reported that 5,579 motorcyclists were killed in crashes. To put this number into perspective, motorcyclists are 28 times more likely to die in a crash and 4 times more likely to be injured in a crash than individuals riding in a car. Looking at Florida-specific data, there were 8,648 motorcycle crashes in Florida in 2021, resulting in 621 fatalities and 7,397 injuries.

Studies from the NHTSA show that wearing a helmet can reduce the risk of a fatality by up to 42% and reduce the risk of a brain injury by up to 69% . According to Florida law, not all motorcyclists are required to wear helmets. However, before you start revving your engine without a helmet on, it’s important to be aware of several caveats:

You must be over the age of 21 and purchase an insurance policy that provides at least $10,000 of medical coverage.
If you are injured and try to collect damages, you will be subject to Florida’s comparative negligence laws. This means that if the evidence shows that your injuries could have been prevented or minimized by using a helmet, the damages you collect will be reduced by the same amount. For example, if the evidence shows that 70% of your injuries were caused by a lack of a helmet, your damages will be reduced by 70%.
If your case goes to trial, the jury is unlikely to have much sympathy for you, which will make it difficult to win a high value judgement in your favor.

Just because riding a motorcycle without a helmet is legal in some situations doesn’t make it a smart idea. If you ride a motorcycle, wear a helmet. It can help protect you as well as those who depend on you. If you are injured in a motorcycle accident, contact Rader Law Group right away for a free case consultation at 954-913-2273.

Rader Law Group, LLC

At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.

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Case Verdict – Rear-end Crash in Cooper City

December 16, 2022

Rader Law Group settled another case for policy limits! Our client, Denise, was hit from behind in traffic in Cooper City. Unfortunately, she suffered significant injuries to her neck and back. Though she tried everything to get better over the course of 15 months, from therapy to injections to time, she eventually realized that she needed to have surgery to remove a herniated disc in her neck. Just 10 days after her surgery, still recuperating, her insurance company delivered a check for the full underinsured motorist policy limits of $100,000.00.

Many people don’t understand the true value of having uninsured/underinsured motorist coverage. Up to 1/3 of South Florida’s drivers are uninsured. Even more carry minimal amounts, like the at fault driver in Denise’s case, who had just $10,000.00 in bodily injury coverage, which was tendered within a few months of the crash. Underinsured motorist coverage provides extra insurance to you when the person who caused the crash either has no insurance or inadequate insurance. In the eye of the law, the underinsured motorist carrier stands in the shoes of the at-fault party. Here, by having that insurance, Denise was able to get the medical care she so badly needed and to account for her pain and suffering as well. Purchasing underinsured motorist coverage helped Denise make a full recovery, achieve justice and right the wrongs caused by the careless driver that rear-ended her.