Kirilloff Jowers, P.A.Kirilloff Jowers, P.A.2023-09-14T04:42:56Zhttps://www.kirilloffjowers.com/feed/atom/WordPress/wp-content/uploads/sites/1603677/2022/06/cropped-Kirilloff-Jowers-favicon-32x32.pngOn Behalf of Kirilloff Jowers, P.A.https://www.kirilloffjowers.com/?p=461492022-06-22T18:03:37Z2017-02-18T05:48:52ZHide ya keys, hide ya car, cause errbody getting in wrecks out here (click here for the reference). Seriously though, think twice before you lend someone the keys to your car. Florida’s Dangerous Instrumentality Doctrine stands for the proposition that since motor vehicles are dangerous instrumentalities, their owners should be held liable for the negligent operation of the vehicles by persons to whom they have been entrusted. The Florida Supreme Court extended the Dangerous Instrumentality Doctrine to automobiles in 1920. The idea is that plaintiffs injured by negligent drivers would have a better chance of financial protection due to the fact that the vehicle’s owner is in the best position to ensure that there will be adequate financial resources with which to pay damages to injured plaintiffs. In Southern Cotton Oil Co. v. Anderson, the court says, “an automobile being a dangerous machine, its owner should be held responsible for the manner in which it is used; and his liability should extend to its use by anyone with his consent. He may not deliver it over to anyone he pleases and not be responsible for the consequences.” The following is the law in a nutshell:
Florida’s Dangerous Instrumentality Doctrine is a common law doctrine which provides that the owner of an inherently dangerous tool is liable for any injuries caused by that tool’s operation.
While letting your friend or family member use your car is a common practice these days, it is important that the owner/lender of the subject vehicle be aware that s/he can be held liable for any injuries that are caused by the use of their vehicle.
Your permission can be express or implied and does not have to be in writing for it to be valid for the purposes of this doctrine.
Exceptions:
Your car is stolen.
There is a “beneficial ownership exception.” This exception precludes vicarious liability when the titleholder lacks beneficial ownership of the vehicle. It only applies in cases where equitable and legal rights of control have passed to another and the titleholder retains bare legal paper title. See Christensen v. Bowen
If you leave your car at a repair shop you are not liable if they drive the car and get into an accident.
The title is held for security purposes (conditional sale)
Where the title is only intended to be held temporarily, as where a transfer of title is in the process but not completed.
Generally, rental car companies are not liable for accidents that are caused by their customers. Some exceptions do apply. See Rosado v. Daimler Chrysler Fin. Serv. Trust
Bottom Line: Be very careful about who you trust to drive your car!
]]>On Behalf of Kirilloff Jowers, P.A.https://www.kirilloffjowers.com/?p=461522022-06-22T18:08:15Z2017-01-22T05:56:26ZLast week, I was stopped at a red light next to St. Vincent’s Hospital when I began to hear cars honking their horns. After a few seconds of this, several people stopped their cars in the middle of the road, got out, and started sprinting towards the edge of the crosswalk. A man was violently convulsing on the ground, and these people were rushing to help in any way they could. A heroic sight for sure. Some were calling 9-1-1, another was trying to figure out whether he should hold the seizing man, and a third gentleman dressed in a medical uniform was running from a hundred yards away to see how he could help. In an emergency such as this, it’s doubtful that any of them stopped to wonder what kind of liability they were exposing themselves to, and that’s good! Florida’s Good Samaritan Act helps alleviate any of the hesitations that they may have had if they did stop to think about their personal liability. This protection is intended to encourage bystanders to help those in need without fear of being sued. The following is the law in a nutshell:
Generally, you do not owe a duty to render aid to anyone, but if you do decide to render aid, you must do so in good faith and exercise the same care as an ordinary reasonably prudent person would under the same or similar circumstances.
If the injured person objects to your aid, you may be held liable if you still render aid and worsen their condition.
Your aid must be rendered gratuitously (without compensation).
If you do not act in good faith, act as a reasonably prudent person would in same or similar circumstances, over the objection of the injured party, or you accept compensation for your action(s) and make the person’s injuries or situation worse, you could be held liable for their damages resulting from your actions.
If you are a health care provider, you will not be held liable unless damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences.
Here, “reckless disregard” means, “such conduct that a health care provider knew or should have known, at the time such services were rendered, created an unreasonable risk of injury so as to affect the life or health of another, and such risk was substantially greater than that which is necessary to make the conduct negligent.”
This Statute also covers issues involving emergency diagnosis, injured animals, drug overdoses, and other situations.
Bottom line: be cautious if the situation allows for it, but don’t let the fear of being sued stop you from helping someone if you are able. The tiniest of facts can decide whether or not you are covered under this Statute, so it is important to consult with an attorney if you find yourself in a situation involving this Act.
]]>On Behalf of Kirilloff Jowers, P.A.https://www.kirilloffjowers.com/?p=461592023-09-14T04:42:56Z2017-01-21T06:08:38ZUM/UIM Defined and Its Applications
Being an avid baseball fan, I love statistics and the stories they create and tell. Here are some statistics for you to consider. The Florida Department of Transportation estimates that there are approximately 15.62 million licensed drivers in the State of Florida. Of those 15.62 million licensed drivers, approximately 24% of them are uninsured according to data from the Insurance Research Council. So, would you be prepared if and when one of these 3,748,800 Florida drivers carelessly hits you?
Here is a little refresher for those of you that need it. Uninsured Motorist (UM) Coverage is insurance you can purchase through your auto insurance company. It insures you and any passengers in your vehicle in the event of an accident caused by another driver who does not have any auto insurance. Similarly, Underinsured Motorist (also called UM or sometimes UIM) Coverage protects you in the event the driver that hit you did not purchase enough insurance to cover your damages (past/present/future medical bills, lost wages, etc.). So while the rest of the approximately 11.5 million licensed drivers in Florida do have coverage, not all of them have adequate coverage.
UM insurance can also cover you in the event of a “hit and run.” Additionally, it can protect passengers in your vehicle at the time of the accident and it can protect you if you are a passenger in another vehicle. UM coverage can also protect you in you are hit by a car while walking across the street or riding a bike.
Another useful feature of UM insurance is that it may cover your “resident relatives,” depending on certain factors the court considers. A “resident relative” is either a legal or blood relative living in the same house. This means that if you live with your father who owns a car that has UM coverage, you could make a claim through his UM insurance since you are a “resident relative.”
Example
Driver A is driving home from the game when she is violently rear-ended by Driver B. Driver A has $50k in UM coverage. Driver B has $10k in bodily injury coverage. Driver A sustained damages that exceed $30k. In this instance, Driver A can pull from both policies to collect her damages (with a good personal injury attorney of course). If Driver A did not have UM coverage, she would be out of luck beyond the $10k of Driver B’s insurance.
How Much Coverage Should You Purchase?
You have heard this several times I am sure, but seriously, buy as much UM coverage as you can afford! The benefits it provides far outweigh the few extra bucks you save a month by not having it. I have always purchased more UM coverage than bodily injury (BI) coverage because I don’t like the idea of insuring some random driver more than I insure myself. Sadly, some insurance companies don’t encourage their clients to purchase UM coverage because they will have to pay out more benefits in the event of an accident.
Also, you may have heard the term “stacked insurance.” Stacked insurance essentially increases your UM coverage limits depending on how many of your cars are insured. While this feature costs a bit more, it can be extremely beneficial. Let’s say you have two cars, each with $25k in stacked UM coverage. If you are hit by a driver who does not have adequate insurance, you are able to combine the coverage limits for each vehicle under that policy, giving you a coverage limit of $50k, instead of the original $25k. Some insurance companies also allow you to stack across your insurance policies.
Conclusion
As you should have quickly figured out, UM coverage is a MUST HAVE. If you do not currently have it, call your insurance provider as soon as possible to discuss your options. If you have any questions regarding auto insurance in Florida or have been involved in an auto accident anywhere in the State of Florida, please do not hesitate to contact Kirilloff, P.A. at (904) 329-2718
or rkirilloff@kirilloffpa.com.
]]>On Behalf of Kirilloff Jowers, P.A.https://www.kirilloffjowers.com/?p=461572022-06-22T18:08:56Z2017-01-21T06:02:27Z“Once you turn 18 years old, you are legally considered an adult in this country. But what does that actually mean? From the right to cast your vote in the next election to entering into a lease for your first apartment to serving on a jury, you are about to enter a new and exciting world of rights, responsibilities, and obligations. The Florida Bar’s #JustAdulting Legal Survival Guide is key in understanding how the law will impact your daily life.”
I know when I was just starting off in college (Go UCF!), I had no idea what the law was regarding pretty much anything besides the drinking age. It would have been nice to know my rights as a tenant, applicable tax issues, advice on how to deal with car troubles, and more at the click of a button. I highly recommend everyone, especially recent high school graduates, check this website and app out. It is an incredible resource!
The website addresses the basics of the following areas of law: