Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)

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Choosing the Right Lawyer is No AccidentWILL THIS ACCIDENT AFFECTMY INSURANCE RATES?One of the most frequent questions I am asked by new personal injuryclients is, “How will this accident affect my insurance rates?” Theinsurance companies have done a wonderful job of scaring customersaway from using their insurance benefits, even though the insurancecompany cannot legally punish them for doing so, such as by raisingrates. It is illegal for an insurance company to raise a customer’s ratesbased on a “not at fault” accident. Do not buy into the urban legend thatinsurance companies have a right to raise your rates even when you arean innocent victim. An insurance company can be subject to payingattorney’s fees and costs if it conducts business in this fashion.Florida Statute 626.9541(o)3.a. specifically states: “(o)Illegal dealingsin premiums; excess or reduced charges for insurance.— 3.a.Imposingor requesting an additional premium for a policy of motor vehicleliability, personal injury protection, medical payment, or collisioninsurance or any combination thereof or refusing to renew the policysolely because the insured was involved in a motor vehicle accidentunless the insurer’s file contains information from which the insurerin good faith determines that the insured was substantially at fault inthe accident.”If an insurance company conducts business in this fashion, it can besubject to attorney’s fees and costs pursuant to Florida Statute 624.155upon the filing of a Civil Remedy Notice. This would be a first partyaction against the client’s insurance company, and would allow theclient’s attorney to seek attorney’s fees and costs.The key number here is THREE. Insurance companies can raise yourrates or drop you if you have three claims within three years. Insurancecompanies identify all sorts of “benefits” as claims. I have seen insurancecompany argue that using “roadside assistance” benefits as making aclaim. It may sound crazy, but if you have AAA Roadside Assistance, orJeff Adelman, B.C.S., Esq. 13
Choosing the Right Lawyer is No Accidentsomething similar through your car manufacturer or another company, Iwould recommend using that rather than your automobile insurancebenefit in this regard if your car breaks down or you require a tow foranother reason based on this knowledge.14Jeff Adelman, B.C.S., Esq.
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Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)

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