Brandon Stein Law: Car Recalls in the Distant Past Can Injure You Today

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in an accident involving a defective vehicle, then contact our Fort Lauderdale car accident attorneys today.

Being a lawyer in South Florida that helps those injured from defective cars, I find that it is not always the newly recalled vehicles that are responsible for hurting my clients.  Earlier this year Honda recalled approximately 750,000 defective vehicles, including the Honda Pilot and Honda Odyssey.  Nevertheless, it is frequently the vehicle owners, rather than the lessees, that have issues with defective functions of their purchased car.

In fact, as a North Miami car accident lawyer, I have come across many clients that are injured in crashes when they are at fault.  Typically, this is a very difficult case given the issue of liability.  However, if the cause of the person’s injury is primarily due to a defective functionality within his or her car, then the case turns against the auto manufacturer, rather than the other driver’s insurance.

Naturally, a key component when purchasing a vehicle is its safety features and reliability.Yet, purchasing a vehicle involves extreme stress, so the furthest thing from most people’s minds are inherent defects resulting from faulty manufacturing.

In general, it typically takes a tragic circumstance to warrant change or even to notice an issue.  The same can perhaps be said when it comes to car recalls — all it takes is one accident to put the manufacturer and public on notice of an inherent defect with the vehicle.  Once the vehicle manufacturer sends out word of a recall, and the media catches wind of this, it is undoubtedly the “hot” story that is being covered during that time — that is…until the next “hot” story comes along.

For a Fort Myers car accident attorney, a question that is invariably posed by a client is: “How do I know if I am driving around in a defective car?”  Unfortunately, unless a formal recall is announced by the manufacturer, there is no way of knowing absent conducting your own personal inspection of the vehicle, which is certainly not a reasonable task.  However, it is definitely smart to periodically check your vehicle website to see whether any recalls have been announced.

For example, Honda has an area of their website dedicated to vehicle recalls. Once logged into that site, all a car owner needs to do is input their VIN for the vehicle to check whether any recalls exist for that particular make and model.  If an owner’s vehicle does come up with any type of defect, then the remedy is to simply contact the dealership and advise them of the issue.

As a Florida lawyer that sues for persons injured from car defects, the most common type of defect causing injury from a car accident involves the seat belts and air bags.  Thus, the failure of an air bag to deploy in a serious car accident can be detrimental for a driver. Similarly, improper functionality of a seat belt can leave a driver seriously injured no matter how serious the car accident is.

Injured in a car accident involving a defective vehicle? Contact our North Miami Beach personal injury lawyers today. 

 

Brandon Stein Law: Honda Recalls 750,000 Defective Vehicles

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in an accident, contact our Fort Lauderdale injury attorneys today.

Being a North Miami Beach attorney that sues for car accidents, I have come to recognize that it is not always the drivers on the road that cause injury from serious crashes.  Miraculously, people walk away uninjured from the most devastating car accidents because of the safety features that motor vehicles offer.  Safety features such as seat belts and airbags are vital to ensure the well-being of drivers and passengers. However, when the design or manufacture of vehicles are defective, a not so serious car accident becomes escalated into an extremely serious crash.

We are just three weeks into the new year, and Honda has already recalled 750,000 vehicles due to airbag deficiencies.  According to reports, these Honda vehicles, including the “Honda Pilot” and “Honda Odyssey,” are missing rivets that could potentially cause the driver’s side airbags to fail to properly deploy upon collision.  Putting the law aside, common sense tells us that placing these vehicles on the market for consumer purchase can leave Honda exposed to significant personal injury claims filed by South Florida car accident attorneys.  In fact, this is especially true if further investigation reveals that Honda either knew or should have known of the apparent defect.

This particular recall involves the Honda Pilot models that had been produced between the years 2009 and 2013, as well as the Honda Odyssey minivans produced from 2011 through 2013.  As a Fort Myers personal injury attorney, the first thing I would suggest to owners of these recalled vehicles would be to take it to your Honda dealership and have it thoroughly inspected to ensure the airbags are functioning properly.

At this juncture, it appears as though these vehicles were assembled improperly.  Honda has released a statement indicating that certain rivets are missing, which are largely utilized for ensuring the proper deployment of these driver-side airbags upon impact.

No lawsuits have been filed by North Miami personal injury lawyers, nor have any injuries been reported as of yet.

Injured in a car accident?  Contact our Hollywood personal injury attorneys today!

Brandon Stein Law: Florida Lost Wage Claim Through PIP

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in a car accident, contact our Fort Lauderdale personal injury lawyers today.

Being a Fort Myers personal injury lawyer that sues for car accidents, I frequently come across clients that use injuries from an accident as an excuse for not working.  In Florida, Personal Injury Protection (“PIP”) benefits provide for compensation from your car insurance company for time missed from work due to a car accident.  According to Florida law, the insurance company may award 60% of the total lost wages as a result of the car accident.    However, these available PIP benefits may not and should not be used as a “get out of jail free card.”

While insurance companies in Florida are required to provide PIP benefits for injuries resulting from a car accident, Naples personal injury lawyers certainly understand that these benefits are not given out like Halloween candy.  This is especially the case when auto insurance companies are requested to cut checks for clients claiming lost wages from a car accident.  Insurance agencies such as Geico or State Farm employ specialized claims representatives to handle these PIP requests.

More times than not, when your North Miami Beach car accident lawyer calls the insurance company to inquire into your PIP claim, he or she would be transferred to a PIP adjuster.  These PIP adjusters evaluate every facet of the claim and especially value the medical notes from an injured client’s treatment.

When it comes to raising a claim for lost wages with your PIP insurance carrier, it is very important that your medical records indicate your inability to work.  Essentially, most, if not all, PIP adjusters will not even consider a lost wage claim unless they see language written in the medical record specifying that the injured person cannot work as a result of the car accident.  As a Coral Springs car accident lawyer, it makes my job extremely difficult, and quite frankly, impossible, to seek recovery for lost wages if this language is not included within a client’s medical record.  Ultimately, this language must indicate that the client injured from the car accident cannot work for a certain time period.

For example, I recently successfully resolved a car accident case where a client was injured and sought medical treatment immediately.  Unfortunately, my injured client was unable to work and sought to raise a lost wage claim with her PIP insurance carrier, State Farm, for her time missed from work.  Naturally, we had submitted the claim to State Farm.  With respect to this lost wage claim, I knew to include my client’s medical records that specified the time that she had missed work. Naturally, once State Farm received this information, no further questions were asked and a freshly cut check made payable to my client was sent to her attention immediately.

Long story short, without medical records supporting your lost wage claim, it nearly becomes impossible to prove and recover your lost wages as a result of the injuries from the car accident.

Injured in an accident?  Contact our Florida personal injury lawyers today.

Brandon Stein Law: Why is carrying uninsured motorist coverage in Florida so important?

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in a car accident, please contact our Florida personal injury lawyers today.

As a North Miami personal injury lawyer that helps those injured in car accidents, I cannot stress enough how important it is to carry uninsured motorist coverage.  In Florida, where public transportation is at a minimum and rarely used, just about everyone traveling on the roadways is driving in their own cars.  As a result, auto insurance is a necessity and all Florida drivers are required by law to carry it.  However, uninsured motorist coverage is an option for drivers — not a requirement.

When Floridians are considering which auto insurance package to purchase, the goal for the majority of consumers is to get the best deal possible and save the most money. Often times, this decision does not include uninsured motorist coverage.  In fact, before drivers agree upon a policy that does not include this uninsured motorist coverage, a formal waiver or rejection form must be signed by the driver acknowledging that he or she elects not to carry uninsured motorist coverage.  Rejecting this type of insurance coverage saves you money every month, but getting into a car accident with a driver that does not have auto insurance may be much more costly than those monthly uninsured motorist insurance premiums every month.

Being an Aventura personal injury lawyer that sues for car accidents, many clients that I help come into my office with catastrophic injuries.  While they often come equipped with the statutorily required automobile insurance, often times my clients have elected not to carry uninsured motorist coverage.  Unfortunately, when this is the case, my client that was injured from a car accident falls mercy to the other driver’s auto insurance policy. Ultimately, recovery for the car accident depends upon whether the other driver has adequate bodily injury coverage to compensate my client for his or her injuries.

Florida drivers that foolishly elect not to carry uninsured motorist coverage are essentially gambling with their health and well-being.  Ultimately, if you are driving in Florida without uninsured motorist coverage and are injured in a car accident, then your only chance of recovery is through the other driver’s auto insurance.

As a South Florida car accident lawyer that helps those injured, other than going after the other driver personally, the absence of a bodily injury policy essentially extinguishes any chance of substantial recovery.  While none of us ever plan on getting into a car accident, and unless you are planning on getting into a crash with Lebron James, then it serves any Florida driver best to carry uninsured motorist coverage.