Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)
If you are reading this, you likely have been injured as a result of a car accident or slipping or tripping on someone’s premises as a result of negligence. In the pages that follow, I will provide insight as to what you should expect from a lawyer (attorney) fighting on your behalf for personal injuries. This book is intended as a general guide if you are unfortunate to have had this happen to you. It has been with the least amount of “legalese” as possible, so you do not have to be a lawyer to understand it.
If you are reading this, you likely have been injured as a result of a car accident or slipping or tripping on someone’s premises as a result of negligence. In the pages that follow, I will provide insight as to what you should expect from a lawyer (attorney) fighting on your behalf for personal injuries. This book is intended as a general guide if you are unfortunate to have had this happen to you. It has been with the least amount of “legalese” as possible, so you do not have to be a lawyer to understand it.
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Choosing the Right Lawyer is No Accident
WILL THIS ACCIDENT AFFECT
MY INSURANCE RATES?
One of the most frequent questions I am asked by new personal injury
clients is, “How will this accident affect my insurance rates?” The
insurance companies have done a wonderful job of scaring customers
away from using their insurance benefits, even though the insurance
company cannot legally punish them for doing so, such as by raising
rates. It is illegal for an insurance company to raise a customer’s rates
based on a “not at fault” accident. Do not buy into the urban legend that
insurance companies have a right to raise your rates even when you are
an innocent victim. An insurance company can be subject to paying
attorney’s fees and costs if it conducts business in this fashion.
Florida Statute 626.9541(o)3.a. specifically states: “(o)Illegal dealings
in premiums; excess or reduced charges for insurance.— 3.a.Imposing
or requesting an additional premium for a policy of motor vehicle
liability, personal injury protection, medical payment, or collision
insurance or any combination thereof or refusing to renew the policy
solely because the insured was involved in a motor vehicle accident
unless the insurer’s file contains information from which the insurer
in good faith determines that the insured was substantially at fault in
the accident.”
If an insurance company conducts business in this fashion, it can be
subject to attorney’s fees and costs pursuant to Florida Statute 624.155
upon the filing of a Civil Remedy Notice. This would be a first party
action against the client’s insurance company, and would allow the
client’s attorney to seek attorney’s fees and costs.
The key number here is THREE. Insurance companies can raise your
rates or drop you if you have three claims within three years. Insurance
companies identify all sorts of “benefits” as claims. I have seen insurance
company argue that using “roadside assistance” benefits as making a
claim. It may sound crazy, but if you have AAA Roadside Assistance, or
Jeff Adelman, B.C.S., Esq. 13
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