Kemp & Ruge Law Group

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.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.

Wednesday, 17 April 2013

Changes To Texting While Driving

Whether we have been in an automobile accident as a result of texting while driving, know someone who has been in one, or have just had the pleasure of waiting 10 seconds at a green light for someone to finish their “lol,” reply, texting while driving is an ever increasing danger to Florida motorists, passengers, and pedestrians alike. So what is being done to confront this problem? Well, the Kemp & Ruge Law group has all the up-to-date information on what the Florida Legislature has done, is trying to do, and the predictions of a few industry specialists.

While there have been times our Sunshine State has been a trailblazer for other states to follow, this is not one of those times. According to the Insurance Institute for Highway Safety, Florida is one of only eleven states that does NOT have a texting while driving ban. Up to this point, thirty nine other legislatures and the District of Columbia have attempted to address this issue, and yesterday, Florida’s legislature finally did as well.

Led by Senator, Nancy Detert, a longtime advocate for banning texting while driving finally got her proposal passed after fighting for it for five years. Oddly enough, in a time where few political battles are ever universally agreed upon, this proposal passed unanimously (36-0) by the full Senate. Considering this ringing endorsement, and a large number of public opinion polls coming out in favor of banning texting while driving, it is very likely this bill will pass. So, let’s take an early look at what the proposal entails and does not entail.

The proposal is reminiscent of the old seat belt laws Florida had until 2009. Essentially, like the old seat belt laws, texting while driving will only be a secondary offense; this means that a driver would have to be doing something else wrong (like speeding) to get a ticket for texting while driving. However, even as a secondary offense, considering how many people swerve or drive in some other careless way while texting and driving, the secondary offense stipulation should still result in a number of tickets.

Though the proposal passed unanimously, there have been certain detractors outside the Senate. They have pointed out a few potential problems with the proposal. First, the fine is only $30.00, and $30.00 is just not enough to change someone’s behavior. However, the fine increases to $60.00 and will add three points to someone’s license if a second offense occurs within five years of the first. Second, the proposal only bans texting while driving (or, in other words, when the car is in motion), it does not ban texting while stopped at a red light or while pulled off the road. Thus, there is still a heavy temptation to continue texting after the light turns green. Finally, there are reports that bans in other states have not worked. Rather than give up texting while driving, people are just texting with their phones completely out of view in their lap. This unintended consequence is arguably more dangerous and could be causing more accidents.

As the proposal makes its way through the House, we will keep you posted on its progress and if any changes will be made. Also, if you are free April 27, 2013 join Kemp & Ruge Law Group at the Verizon Event Center in New Port Richey. We will be sponsoring, Put It Down, an event aimed at educated our youth on the danger of driving distracted. There will food, fun, and drawings. Click here to see the flyer for more details. Let us know in the comments if you will be able to make it or not.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.

Monday, 15 April 2013

Professional divorce and personal injury attorneys from Tampa

There are several occasions in one’s life when one has to seek legal advice and counsel. This necessity is born out of compulsion and sometimes not out of individual choice. These occasions are such that you need an attorney who is aware of the legalities that are involved in finding a solution that is acceptable to you. These problems can be regarding a divorce or when you or your near one meet with an auto and car accident and you wish to claim for personal injury. There are divorce lawyers in Tampa in the firm of attorneys known as Kemp & Ruge under the group of Family Law. This company of attorneys also has personal injury lawyers for Tampa under the group of Personal Injury.

Kemp & Ruge has qualified and experienced personal injury lawyers Tampa and these are competent for a variety of personal injury cases that include not only auto and car accidents but also boating accidents and catastrophic injuries, injuries due to dog bite or motorcycle accidents. The attorneys are proficient in nursing home abuse cases as well as accidents due to slip and fall. They also take on spinal cord injuries and cases of wrongful death.

The divorce lawyers Tampa are professionals in Family Law and can offer guidance in solving problems related to not only divorce but also alimony and child custody, domestic violence and injunctions besides paternity suits, relocation and time sharing. Dealing with a divorce is not an easy task since there are several issues you need to address and there are legal proceedings you will have to endure. Divorce involves your financial future. It is in your interest to get the professional advice from the Kemp and Ruge Law Group.

Wednesday, 10 April 2013

What To Do After A Car Accident? Do You Really Know?

We have all received countless advice on how to avoid an auto accident: adjust your mirrors, drive the speed limit, pay attention to weather changes, etc. And it's all great advice, but even when you do your best, sometimes an accident is unavoidable. In those moments, do you know what you are legally supposed to do? Do you know what is in your best interests to do?

If the answer to these questions is "no," don't worry! The Kemp & Ruge blog is here to guide you through it. So, let's tackle the legal obligations first:

Legal Obligations:

1. You must stop. No exceptions. It may not seem like much (or any) damage was done, and if you're rushing to get somewhere else, you may think "what's the big deal?" Well, it's a huge deal. You could have your license revoked or worse, so no matter what, stop.

2. If someone is hurt, you are required to get help. Just pull out your cell (or find the nearest person who has one) and dial 911.

3. Additionally, if someone is hurt or there is property damage over $500 the accident must be reported to the authorities.

3. If your car is blocking traffic, you must get it moved. However, do NOT attempt to move it if the car is non-operational or could result in injury to you or someone else. At that point, call a tow truck.

4. You must give your name, address, insurance information, and vehicle registration number to all parties involved in the accident.

So now that we have tackled the most pressing legal obligations you will need to handle, what should you to do to protect your best interests?

Best Interests:

1. Locate any witnesses and write down their contact information. You may think that witnesses will stick around for awhile, but when they leave, it could be very difficult to locate them again. Thus, as soon as it is safe, start gathering the information.

2. Take pictures. Pull out your phone, your digital camera, or borrow someone else's and start snapping away! The more pictures you take, the better.

3. Contact an attorney who specializes in Personal Injury law before talking to any insurance companies.

While this may seem like a lot to remember, fear not, because:

THERE'S A FREE APP FOR THAT!

Free iPhone Car Accident Help App

Free Android Car Accident Help App

Just click on the appropriate link above for your iPhone/Android mobile download. We hope you will never have to use it, but it will relieve a lot of stress if you ever do.

Has anyone used our app or one like it yet? If so, what did you think? Leave us a comment, and let us know. We would love to hear from you.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.

Friday, 5 April 2013

Updates On Personal Injury Protection (P.I.P) In Florida

Every six months, Florida automobile owners reach deep into their pockets to pay for their auto insurance, and for those with multiple drivers to insure, the expense can be horrific. Sadly, even those with excellent driving records still see their rates go up, and those who have had a few accidents, see their rates skyrocket. So all of this begs the questions, why is this happening? And, what is being done to fix it? Thankfully, by coming to the Kemp & Ruge blog, you have come to the right place for answers!

Why Is This Happening?

For several drivers, the root cause of their ever rising bill is the Personal Injury Protection (P.I.P.) portion of their bill. P.I.P. has been around since 1971, and it was seen as a major accomplishment for the Florida Legislature. Essentially, the bill was designed to get Florida drivers' the medical attention they needed, regardless of whether or not they caused an accident (hence, the reason P.I.P. is often referred to as "No-Fault" Coverage). In theory, the bill was fantastic! Who wouldn't support a measure aimed at helping so many Floridians recover from wrecks?

However, it was not long before criminals found loopholes in P.I.P. to extort money from the insurance companies. For example, someone will stage a car accident, report to the police officer who arrived that he suffered several injuries, then he will go to a clinic (that is also in on the scam), and the clinic will verify all of his professed ailments. When the insurance company sends the clinic the money for his treatment, the clinician and the person who staged the accident split the insurance money, and move on to the next scam.

Also, for the insurance company, the cost of the scam is not the total cost they incur. To protect themselves, they must hire more investigators and spend more time investigating claims. Thus, there business costs have skyrocketed since P.I.P. was enacted. According to an Organized Crime and Auto Insurance report, Florida leads the nation in auto accident fraud with an estimated cost of around 1 billion dollars, and inside of Florida, Hillsborough County leads the state in auto accident fraud. Unfortunately, at this point, the auto insurers have only two choices: go bankrupt or pass the costs from the scammers to all the law abiding Florida drivers. So, now that we know why this is happening, is their any hope?

What Is Being Done To Fix It?

Thankfully, the need for P.I.P. reform has reached the ears of the Florida Legislature. Chief Financial Officer, Jeff Atwater made P.I.P. reform his biggest priority after he took office. As a result, in January the Legislature passed a P.I.P. reform bill aimed at cracking down on all the fraud claims. Some of the changes include: "treatment must begin within 14 days for an emergency medical treatment and non-emergency benefits were capped at $2,500, as opposed to $10,000." CFO Atwater hopes these changes will curtail fraud claims and in turn drop the insurance rates overall. He insists "the entire exercise of changing law was not for the insurance industry, it was for the consumer. Rates had gone up 80% over two years."

But, if CEO Atwater and the rest of the Florida Legislature were correct about the reforms they passed, why haven't auto insurance rates dropped? Lynne McChristian, of the Insurance Information Institute, (funded by the insurance industry) provided the following insight "your insurance policy is a contract, and with auto insurance it's a six month contract. So if you're policy renewed at the end of last year, you have several months before those reforms take effect for you." According to McChristian, it will take until July for everyone to start seeing their auto insurance rates drop.

Provided McChristian is right, Florida drivers could be celebrating July for something other than the summer and Independence Day...not-so-fast. Legal challenges to the P.I.P. reform bill have been filed, and now the bill will have to stand up to the rigors of the judicial process. With that being said, CFO Atwater is not concerned. He stands firm in his belief that the bill will be upheld, and insurance rates will drop.

Do you agree with CFO Atwaters prediction? Do you think auto insurance rates will drop by July? Please, leave a comment and let us know what you think. We would love to hear from you. And, if you have been in a car accident or have any other legal questions, feel free to reach out to us here or call us toll-free at (877) 941-4878.

Click here for your Pasco County Car Accident Attorney, Hernando County Car Accident Attorney, Pinellas County Car Accident Attorney, Hillsborough County Car Accident Attorney including Tampa Car Accident Attorney, Clearwater Car Accident Attorney, Land O' Lakes Car Accident Attorney, Lutz Car Accident Attorney, Odessa Car Accident Attorney, New Port Richey Car Accident Attorney, Spring Hill Car Accident Attorney, Tarpon Springs Car Accident Attorney, and Palm Harbor Car Accident Attorney.

Monday, 1 April 2013

Your best bet in case of personal injury

These are truly very grim times as far as auto and car accidents are concerned. Sometimes these accidents are caused by negligence of others. When you or your loved ones are involved in such an accident and have sustained injuries not due to his/her fault, it is only right that you must seek legal advice from personal injury attorneys in Clearwater. The reason for seeking legal advice is that when someone gets injured in an accident, there is an emotional trauma besides the need of physical rehabilitation. Both these issues may cause expenses and there is no reason why your dear one should be made to bear these expenses.

The criminal attorneys from Clearwater are from a Tampa Bay area law firm, the Kemp and Ruge Law Group. This group has a wide range of very skilled auto accident attorneys who are both trained and experienced to extend assistance to your dear one so that he/she can deal with the unfortunate results of the motor vehicle accident. The personal injury attorneys Clearwater will also fight aggressively so that the optimum recovery can be made for the damages caused.

The criminal attorneys Clearwater also take on cases related to family law, real estate, criminal law, bankruptcy law and social security. In the area of personal injury the qualified professional attorneys also fight for cases such as boating accidents and catastrophic injuries among others. Experienced lawyers dealing with car accident cases know how to protect victims against insurance companies. It is, therefore, prudent for you to seek legal counsel from the criminal attorneys of Kemp and Ruge Law Group.

If you are even thinking about hiring an attorney for your personal injury case, please consult with an injury attorney. Click here for your: Pasco County Personal Injury Attorney, Hernando County Personal Injury Attorney, Pinellas County Personal Injury Attorney, Hillsborough County Personal Injury Attorney, Tampa Personal Injury, Clearwater Personal Injury Attorney, Land O' Lakes Personal Injury Attorney, Lutz Personal Injury Attorney, Odessa Personal Injury Attorney, New Port Richey Personal Injury Attorney, Spring Hill Personal Injury Attorney, Tarpon Springs Personal Injury Attorney, and Palm Harbor Personal Injury Attorney.