BY: Gabe Carrera, Esq., the Attorney That Rides
February 15, 2023
Florida Legislature and Gov. Ron DeSantis are about to change the Florida accident laws, but are the insurance companies throwing money at elected representatives to pass insurance industry friendly statutory language that will harm those that have accidents on motorcycles? Anyone who has filed a claim with their insurance company know that even if you paid your premiums on time they still try to pay you an insulting pennies on a dollar! Many Bikers seeking relief from their burdensome medicals bills after being injured by a cager no fault of their own get screwed by the wrong-doer’s insurance company or even their own company.
Quick disclaimer about the author who is a BIG MAGA patriot who supported and campaigned for Ron DeSantis. I am active politically on the Republican side of politics. I am a constitutional conservative that voted for Ronald Reagan twice and twice for Trump! I am afraid that the voice of the Biker is not heard by Gov. Ron DeSantis!
Insurance Industry NOT the Riders’ Friend!
If you live in South Florida you know the majority of the drivers don’t give a shit about us riders on the road. So many people from so many places throughout the world and they bring their unique driving experiences to South Florida competing against each other for every inch of the congested roads. Many are selfish purchasing the minimum insurance that is $10,000 for property damage and $0.00 to pay for your medical bills and pain & suffering. If you don’t believe me watch steve in the above video where he had over $125,000 in medical bills. over 30-days in a hospital bed, all the time in serious pain learning how to walk again. All Steve got by great work by the Attorney That Rides, Gabe Carrera, Esq., the local motorcycle accident Attorney was $8,000 for his motorcycle after offering a measly $3,000 to settle. His Bodily Injury claim after fighting to get the $10,000 tendered that should have been given to him within a week was finally received. It’s a drop in the bucket
What the Florida legislature should do is pass mandatory Bodily Injury coverage on all motor vehicles so when a Rider goes down no fault of his or her own fault there is money to go the the Doctor to receive treatment. Will this get down with all the new ideas pro insurance industry policies going around in Tallahassee? ABATE of Florida has a lobbyist working up in Tallahassee, Florida and we hope he is fighting for bikers up there. Gov. Ron DeSantis, a friend to Screaming Thunder, has provided an outline to reform what he calls Tort reform!
Florida Officials to Take Action on Tort Reform
According to Caden DeLisa of the Capitalist publication, “State leaders including Gov. Ron DeSantis, House Speaker Paul Renner, and Senate President Kathleen Passidomo announced on Tuesday that they will work in their respective chambers to pass and implement litigation and tort reform legislation. DeSantis, who pledged immediate support, cited a statistic showing that Florida accounted for eight percent of all property insurance claims nationally, but 80 percent of property insurance litigation.
“They’re working on a series of reforms to make our [legal] system better,” said the governor. “We want people to have their day in court if they’re harmed, but we don’t want cases that are brought where we know there’s no real liability but nevertheless adds costs to the system.” In a special session late last year, the Florida Legislature approved legislation to address the ongoing property insurance crisis, which was partially spurred by an excess of lawsuits.
Steve Gets Paid For His Bike Not His Pain & Suffering!
Senate Bill 2D, signed during the special session, sought to reduce frivolous litigation by reserving attorney fee multipliers, requiring proof that an insurer breached its agreement with a policyholder before a lawsuit can be filed, and preventing insureds from transferring their unilateral right to receive attorneys’ fees to contractors. According to information provided by Citizens Against Lawsuit Abuse, lawsuit abuse and excessive tort costs wipe out billions of dollars of economic activity on an annual basis. Per the report, Florida residents pay $812.52 per person in what the organization referred to as a “tort tax.”
Further, from 2010 to 2019, Florida produced the most “nuclear” verdicts of any state in America, according to a study conducted by the U.S. Chamber, totaling $35 billion. A “nuclear” verdict is a colloquial term used in the legal field to describe an extremely high verdict or judgment in a lawsuit, especially in the context of tort cases involving personal injury or wrongful death. Meanwhile, in 2021, there were 100,595 lawsuits in Florida resulting in $7.8 billion in damages, while there were 24,700 lawsuits nationally that yielded $2.4 billion in damages across the same timeframe.”
Florida Justice Association Fighting For the Injured!
Statement from the Florida Justice Association (FJA) President Curry Pajcic,
“Florida is under attack. The rights of every Floridian are under assault by insurance companies and corporate elites who think they can dictate which rights should be preserved and which can be tossed aside.” “We cannot allow big insurance or multi-million dollar corporations like Patriot Transportation, who joined Governor DeSantis and legislative leaders at today’s press conference, to dictate our rights and block the courthouse doors.”
“The right to trial by JURY, not trial by government, is a right that our Founding Fathers fought and died for. They knew the rich and the powerful would try to use the government to take these rights from us again. They created the Bill of Rights, specifically enumerating the rights we hold inviolate that the government cannot ever take away from us again. This includes the 7th Amendment to the United States Constitution, which guarantees the right to trial by jury in civil cases.”
“If the corporate elites are empowered to grab away our right to trial by jury, which right will they feel entitled to take next? Will they grab our guns? Our right to free speech? Empowering the rich and powerful is not what this country was founded on and not something any of us should stand for.” “Our nation was founded on the principles of a free and fair government that allows access to the courts for every citizen, and not only for the elite few.”
“What is fair about telling a family of eight whose home was destroyed by Hurricane Michael that their insurance company should be allowed to underpay their claim, preventing them from rebuilding the family home that was fully insured?” “What is fair about telling the mother of a child killed at the hands of a reckless driver that there is no way to hold the driver responsible for the reckless actions that left her childless?”
“If the corporate elites are empowered to grab away our right to trial by jury, which right will they feel entitled to take next? Will they grab our guns? Our right to free speech?Florida Justice Association (FJA) President Curry Pajcic,
“Justice is the only thing preventing the insurance industry from taking over our state, limiting our freedom, and irreparably decimating the rights of our neighbors, family, and friends. The FJA opposes any legislation that takes away the rights of Floridians to hold others responsible and accountable when they harm you or your family. “We hope Florida lawmakers will look closely at what they are being asked to do with this legislation and choose to protect Floridians’ rights and keep Florida free.”
Legislative Suggestions by the Attorney That RIDES!
In my humble opinion the Florida legislature and Gov. Ron DeSantis should pass the following ideas:
- If a Biker incurs damages, medical bills, and the wrongdoer has NO Bodily Injury coverage there should be an easy path to the Government in Tallahassee to apply to punish and compel the wrongdoer to get SR-22 coverage as a punitive measure!
- Make all cars purchase mandatory Bodily Injury so that the Biker has resources to tap to help him get medical treatment if he or her is in an accident no fault of his own. (SR 22 or FR 44)
- Increase penalties for Insurance companies who play with payouts on motorcycle accident claims they KNOW they should pay out.
- Kill a Biker, even if its an accident, the wrongdoer should be arrested for the Courts to decide should criminal charges be filed instead of leaving it up to a safety officer’s discretion. At least a pre-hearing conference to decide if the scenario of the accident warrants punitive measures.
- Cause an accident resulting in death at a MINIMUM the wrongdoer should have to complete certain amount of hours on driving and biker safety classes as well as compel them to buy higher insurance coverage or 2-3 years of mandatory SR-22 or FR 44 insurance.
Comment below and let me know what you think!