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Premises Liability
Are there parties other than the at-fault driver against whom I can take legal action in a Florida auto accident case?
Video Transcription: Depending on the circumstances, yes. For instance, the owner of the vehicle is a potential party under the dangerous instrumentality doctrine. Also, the employer of the at fault driver may be a party as well, depending on whether or not the employee or the at fault driver was working at the time.
Should I provide statements to my insurance company and the insurance company of the driver who hit me?
Video Transcription: If you're involved in a motorcycle accident, it's just like if you were in a car accident. Under your own insurance policy, you are required to provide them with a recorded statement at some point and time. Now before you provide that statement, know that you're also entitled to be represented by an attorney before providing that recorded statement. I would suggest you consult with an attorney before doing so. As far as the at fault part of the insurance company, you are under no obligation to provide a recorded statement. In fact, I would not do so.
Should I release my medical records to another driver’s insurance adjuster?
Video Transcription: Look, if you're going to handle your claim on your own without an attorney, just know this, well, often times, these releases are very broad. They entitle the insurance company to gather any and all medical records, some of which they're not entitled to. Additionally, sometimes, there's provision that allow them to divulge these medical records once they've been obtained to third parties. Who are these third parties? Is this the government? Is this another insurance company? Is this some for profit company that wants your records for their own purposes? I don't know. But I do know that if you're going to release your medical records, I strongly suggest you consult with an attorney before doing so.
What defenses are generally raised in a Florida slip and fall case based upon a fall on someone else’s premises?
Video Transcription: The two most common defenses we encounter are that the store owner didn't know about the defect which caused the injury, or that the defect was so open and obvious that no reasonable person would've injured themselves upon it.