Kemp & Ruge Law Group: May 2013

Wednesday 29 May 2013

Texting While Driving Ban Becomes Law

It may have taken six years, but it’s official, Florida is now the 40^th state to pass some sort of texting while driving ban. The ban passed into law yesterday, May 28^th, 2013 when Governor Scott signed the bill in Miami. Last month, our Kemp & Ruge Law Group blog discussed the details of the bill, the potential roadblocks it might have to passage and its many pros and cons. Come October 1, 2013, the new law will be enacted, so let’s take a look at what it will entail, and how the new law has been received.

First off, the texting while driving ban is a misnomer at best. There are several exceptions built into the law, but before we address them, let’s focus on what the law will penalize. If the driver is texting while his or her vehicle is in motion, AND the driver is committing another traffic violation (like speeding) then the police may issue the driver a ticket for violating the new law. The fine starts at $30 for the first offense, but then jumps to $60 for the second offense, provided the second offense occurred within 5 years of the initial offense.

In addition to the relatively small fine, the new law only bans texting by the driver while the car is moving. Therefore, the driver can still text at red lights, stop signs, and if they pull off to the side of the road, they can text there, as well. In addition, the driver can still talk on his phone while driving at all times, and passengers are not subjected to putting their phone down at all. So considering that the fine is a secondary one (can only be issued in conjunction with a primary offense like speeding) and the fine is a relatively low amount (even for the teen demographic the law is aimed at) should supporters of banning texting while driving have any reason to smile about what just passed?

The answer is yes. For most supporters of the ban, they are not viewing this as the end of the fight against texting while driving, but rather a first step, and an incredibly important one at that. Michele Harris with AAA Auto Club Group Tampa knows that Florida lags behind other states that have banned all cell phone usage in the car. While she would like to see Florida toughen up to our fellow states’ standards, she has stated that AAA Auto Club Group of Tampa will support any effort to make our roads safer.

In addition to Ms. Harris, Steve Augello of Spring Hill is not the least bit deterred by the relatively weak provisions of the bill. He started his work on this ban about five years ago after his teenage daughter was killed in a car accident that was believed to be related to texting while driving. He has traveled to Tallahassee repetitively to meet with legislators, lobbyist, and deliver speeches in effort to save lives. Though he is happy with the progress made so far, he has vowed “my job’s not done. I’ll be back in Tallahassee next year to fight for a stronger law.”

Friday 10 May 2013

Why You Should Get Uninsured/Underinsured Motorist Coverage?

For a lot of people in Florida, auto insurance is a “necessary evil” one must purchase. And, if you live in Hillsborough, Pasco, Hernando, or Pinellas County, life without a car is a tough one to say the least. So what do you do? You get the auto insurance! However, many people just get the cheapest one they can find. Unfortunately, cheap auto insurance is cheap because it covers very little. This fact, in and of itself, does not scare many drivers, because a lot of them use the rationale “I’m a great driver. I don’t speed. I don’t text and drive. I don’t drink and drive. And, I ALWAYS pay attention. If I am ever in an accident, it’s going to be someone else’s fault and the at-fault driver’s insurance will cover it.” So it begs the question, why in the world would I ever spend extra money on uninsured/underinsured motorist coverage? Well, the Kemp & Ruge Law Group has the answer. We will explain why this coverage is vital to protect yourself from both uninsured AND underinsured drivers.

Uninsured Drivers:

Uninsured drivers are not just in the rural areas by the citrus groves and tomato fields anymore. USA Today estimates one in seven Florida drivers does not have auto insurance, while the Sun Sentinel estimates as high as one in four. Consider those numbers for a minute, and just to be conservative, let us say it is only one in ten drivers that do not carry auto insurance. Remember the last time you were stuck at a red light, how many cars did you see? At least ten, right? And that was just ONE red light. Compound that over your daily commute the number of uninsured drivers starts to look a lot more dangerous. Even worse, the estimates from USA Today and Sun Sentinel are just estimates for uninsured drivers. This means that there are even more drivers that could potentially cause serious damage to you, your family, or your automobile and not afford to pay it.

Underinsured Drivers:

In Florida, the auto insurance requirements are much less than in other states. The only coverage required by law is Personal Injury Protection (P.I.P.) a.k.a. no-fault insurance, and $10,000 property damage liability coverage. Florida does not require drivers to carry Bodily Injury coverage (B.I.). Now, what does all this mean? Well, P.I.P., like it says, is personal. If you have auto insurance, you have P.I.P. and it will cover 80% of your medical bills up to $10,000. However, that still means you will have a 20% copay with every doctor visit or procedure.
Granted, if you are in an accident, the at-fault driver may have B.I. coverage. If this is so, then your injuries will be paid through the at-fault driver’s insurance company…but only to the limits of his or her B.I. coverage. Imagine you sustained a permanent injury from the car accident, do you think an extra $10,000 (the standard amount of coverage) will really help that much? Probably not. Now, imagine if the person who hits you just got the minimum requirements by law. You would only receive your P.I.P. benefits. Most likely, you would be left with the choice of foregoing vital treatment or racking up crippling medical bills. Luckily, there is an easy way to prevent this unfortunate occurrence from happening:

Contact your insurance company and GET UNINSURED/UNDERINSURED MOTORIST COVERAGE! With this coverage, even if an uninsured or underinsured motorist injures you in a car accident, your insurance company will pay for your medical bills, future medical bills, pain and suffering, lost wages, up to the limits of the coverage. This coverage is the only way to protect you and the ones you care while you are on the road. And, as always, if you’ve been in auto accident and have any questions, feel free to contact Kemp & Ruge Law Group.

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