I dealt with two cases yesturday involving property damage claims (fixing your car).  When I first meet an injured person involved in a motor vehicle accident, they are usually very concerned about what happens with their car.  I suffer from the dame feelings that my car is “my baby” and I want it back just the way it was before the accident.  Unfortunately, this is not the law in Florida and people must come to terms with reality.

First, the at-fault party will incur the cost of repair unless the cost of repair is more than 80% of the value of the car.  The value of the car can be estimated by going to Kelly Blue Book (kbb.com) and insert the variables of your vehicle.  This will give you a fairly good idea of the value of the car and if it costs $8,500.00 to fix a $10,000.00 car, the insurance company is going to total your car.  You are never going to be happy with these results and it is very difficult to argue a different value of the car.

Second, there are two ways to get your car fixed.  If the other side accpets fault and has property damage insurance, the other side will provide you with a rental car and fix your car at a local body shop.  The seond way is to go through your insurance company if you have comprehensive collision.  Comprehensive collision covers the cost of repairing your car regardless of fault.  The problem is that you will have to pay your property damage deductible (usually $250.00 to $500.00).  This means that you will need to cut a check to the body shop for $250.00 to $500.00 to get it fixed.  Ultimately, your insurance company will go get the money that they spent to fix your car and your deductible.  This will come from the other side during a subrogation proceeding.  This is a process unknown to you in which the money will transfer and your deductible will usually show up in about sixty to ninety days.

If you have been injured and are having problems with your property damage, I would love to assist you and discuss this.  I invite any thoughts or comments on this issue.   

I have watched thru the Florida Supreme Court website/archives the oral arguments over claimant paid attorney’s fees in workers’ compensation.  In 2003, the legislator capped the claimants attorney’s fees at $1,500.00 for a medical only issue and did not cap the employer/carrier’s fees.  This effectively means that the insurance company can spend as much money as it wants on defending a workers’ compensation claim. 

On the other hand, the claimant cannot pay out of his/her pocket an attorney’s fee and the employer/carrier is only responsibile for paying $1,500.00 to the attorney.  The Supreme Court’s tone was one of disbelief and I feel very comfortable that we will have a positive opinion in the next forty-five to sixty days.  This is only my opinion but the temperment of the Court was that it was truly “unfair” as well as a violation of equal protection. 

In my own practice I have been unable to take many controverted cases and exposure cases because I cannot work for $1,500.00 when the employer/carrier’s lawyer gets $30,000.00 to $50,000.00 to defend these cases. 

I will be writing in my news letter the outcome of the Supreme Court case. 

I invite your thoughts on this matter.