Almost every automobile insurance policy includes a requirement that the insured cooperate with the insurance company’s investigation of a claim.  If you are injured as a result of the use of an automobile accident, your insurance company may request that you submit to an Examination Under Oath.   An Examination Under Oath is your insurance company’s opportunity to have you give a recorded statement while under oath.  You must attend an Examination Under Oath if requested to do so by your insurance company.  Failure to attend an Examination Under Oath will result in your insurance claim being denied.  This could cause you, at a minimum, to become responsible for medical bills that would have been paid by your insurance company.  Do not let this happen.  Attend the Examination Under Oath, but do not attend it alone.  Let your attorney know immediately that your insurance company has requested that you attend an Examination Under Oath.  Your attorney should attend Examination Under Oath with you.

The Examination Under Oath may take place at a Court Reporter’s office or your attorney’s office.  There will be a Court Reporter present.  You will be asked questions by an insurance adjuster or one of the insurance company’s attorneys.  Your attorney can and should be present.   Your attorney is not allowed to make objections.  Nonetheless, your attorney will still be able to ensure that your interests are protected within this environment.  You are required to answer the questions posited to you.  Do not answer these questions lightly.   Be truthful and be smart.  Below are some tips for answering questions at an Examination Under Oath: Click here to read more »

We have a lot of real estate in Florida where people drive over private roads to get to their property.  Then, when they want to sell the property, there is a title problem.  The seller always asks, “Don’t I have a legal right to use the road if I have been using it all these years?”

The dirt road has probably been there for many decades …as long as people can remember.  It may even be on their survey from when they bought the property … or from when they subdivided the property … or from when they did their land-home package to buy their mobile home.  There might even be a description of the road included in the legal description of their property on their old deed or mortgage.

So, how can there still be a title problem?  What if the property appraiser or the court house says it’s OK?  Is there still a problem?

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It is every parent’s worse nightmare, that phone call letting us know that our child has been injured or worse, suffered a fatal injury, while driving.  The truth is that car accidents are the leading cause of death for teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration.  Mile for mile, teenagers are involved in three times as many fatal crashes as all other drivers.

In 2003, Florida was ranked number 4 among the 50 states with the worst fatal crash rate.  In 2008, 4 of the 10 deadliest hotspots for teen fatalities among the 50 largest metro areas were found in Florida.  In 2007, 306 15 to 19 year olds in Florida died in traffic crashes and 25,465 were injured.  About 42% of those killed were driving.

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