Miami Beach: Get Ready Now for Hurricane Damage, Tropical Storm Emily Headed Our Way: What to Do After the Storm Hits

In a prior post, we discussed what to do in preparation for a hurricane - something that we all expect to happen in our lives sooner or later, here in South Florida.

Today, the Miami Herald is reporting that Tropical Storm Emily is increasing in power, and will be a hurricane soon. Emily is tracking a course that may bring her to landfall here ... or very close to South Florida.

What Should You Do After the Hurricane Hits?

Hopefully, Emily won't be as powerful or as devastating as storms of the past but we can expect some Floridians to have serious property damage in even the mildest of hurricanes.

So, assuming that you and your loved ones are safe and secure while a hurricane lambasts your Florida home, what should you do when you return to find your home, car, boat, truck, etc. damaged by the winds and rain?

• First, since you have prepared in advance, you will have an insurance policy that covers this sort of thing. You'll gather all the information that you can about that policy (a copy is best; even the name of the agent or company may have to suffice).
• Second, you can contact the insurance company yourself about filing your claim. Many do. However, it may be wise to contact an injury lawyer first, who can go over the legalese with you regarding coverage as well as help in the negotiations with the insurance company.
• It may also be smart to get estimates, etc. from contractors if you can, to give you an idea about your damages before you start dealing with the insurer. Time is a factor in filing your claim, too, so be prudent here.
• Third, remember that you will be entering into negotiations with an adjuster who has suddenly been given a huge caseload because his region has been hit by a hurricane. Money in settlement will be a big concern for the company big wigs who will want to keep the overall cost of this storm to their company at a minimum. These companies spend lots of time and money worrying about the outlay of a future hurricane - and they will be monitoring their own bottom line after the storm hits.

Negotiations can include not only the value of the damage and reimbursement for a lost asset, it can also involve an argument on whether or not something is legally covered by the policy. Your insurance company is not on the same side of the table as you are: if there is a lawsuit, you will be plaintiff and the company, the defendant. Your insurance agent's interests are not that of a best friend helping you through a crisis, no matter how they look in the TV commercials.

Emily may hit Miami Beach, or she may not. Maybe no hurricane will hit Florida this year. However, it's better to be safe that sorry -- so get ready now for the big storm, and if we are hit, then call a lawyer if you need help with your insurance claim.

By Bryant Esquenazi on August 2, 2011 3:53 PM

This is National Hurricane Preparedness Week: We Get More Warning Than Joplin Could, Miami, Let's Take Heed and Avoid Serious Injury and Death

Right now, in the midst of National Hurricane Preparedness Week, Miami joins the rest of America in watching the continuing massive destruction that the recent wave of huge thunderstorms and powerful tornadoes has caused throughout the Midwest.

According to the National Oceanic and Atmospheric Administration, the United States tornado death toll in 2011 is the highest ever through the month of May in the NOAA-NWS official record (1950-present).

Here in South Florida, we understand what it means to folk in Joplin, Missouri, and other hard hit areas: hurricanes and tornadoes are different, but the horrors they leave behind are the same.

The Joplin tornado exceed 200 mph and destroyed 30% of the town. You can watch the Associated Press video of the storm and its damage here. Right now, there are 232 names on the Joplin Missing List.

June 1st is the Start of Hurricane Season

Next week, the 2011 Hurricane Season begins. NOAA is predicting that we are going to have a higher than number of hurricanes in the Atlantic Ocean this year. NOAA is predicting the following:

* 12 to 18 named storms (winds of 39 mph or higher), of which:

* 6 to 10 could become hurricanes (winds of 74 mph or higher), including:

* 3 to 6 major hurricanes (Category 3, 4 or 5; winds of 111 mph or higher)

Getting Ready Now for a Bad Hurricane Coming

Last year, on the eve of Hurricane Season we posted steps everyone should take to make sure they have adequate insurance protection on their homes, cars, boats, RVs, motorcycles, and themselves long before the weathercasters start predicting landfall of a storm.

To read that list of tasks you should undertake now, read our post "Hurricane Earl and Miami: Tips for Preparing Now 4 Hurricane Storm Damage Insurance Claims."

Hopefully, South Florida will escape the horrors that Joplin, Missouri, is dealing with today. However, it is best to be prepared for a huge hurricane: we're in the high risk area, after all.

Luckily, there are several sources of information online that you and your family should review now. They are both downloadable documents and short videos to watch, prepared by the National Hurricane Center as part of National Hurricane Preparedness Week.

Go check this stuff out -- it's easy stuff, and we need to be ready now. Unlike the tornado sweeping down on an unexpected Joplin, we're getting advance notice of the Big Storm Coming.

By Bryant Esquenazi on May 26, 2011 3:21 PM

What is PIP Insurance Coverage - and How Insurance Companies Just Lost Their Latest Try at Getting Florida to Gut PIP Coverage

Personal Injury Protection, or "PIP" coverage, is something offered to Floridians as part of their automobile insurance policy. Right now, under Florida law, every car owner and driver must have at least $10,000 PIP coverage.

If you are in a car accident in Florida, this PIP coverage kicks in, never asking who's to blame. The $10,000 coverage is there, ready to help. Since the insurance company isn't allowed to assess blame here, Florida is called a "no fault" state.

PIP will cover up to 80% of your medical bills and up to 60% of your lost wages - up to that $10,000 cap. No questions asked.

Insurance companies are against PIP coverage because they are arguing that too many people take advantage of it, setting up fake insurance claims just to get the money. We've discussed this before; now, however, Tampa's Fox 13 Investigative Reporter has just published its own expose on PIP coverage fraud, which may help drive those pushing the legislature for change in the future.

Florida is No. 1 in the USA for Fraud PIP Claims

According to Tampa Bay reporter Doug Smith, Florida is actually number 1 in the United States for these kinds of fraud -- and Tampa is tops within the state for filing fake PIP claims.

According to the Fox story, many of these fake PIP claims are professional jobs where there are staged wrecks and clinics are set up to handle the filings. The crashes are set up to have lots of folk involved, so that $10,000 cap can be milked. Eight people can mean close to $80,000 from one scam. The news story goes on to interview those in the know, including police detectives who suggest that these big crash scams are orchestrated by organized crime.

Florida Legislature Nixes Reform - No Changes to PIP Laws for Now

In January, we discussed PIP reform proposals that were being talked about up in the state capital and the efforts of insurance carriers to push reforms through, from bill to law. They've failed.

The insurance industry had gone so far as to build up proposed comprehensive reforms to Florida's PIP laws, creating one big comprehensive personal insurance coverage reform bill.

Around ten days ago, that all fizzled out when the Florida House committee hearing the proposal voted against it. Specifically, HB967/HB1411 - the biggest attempt at changing PIP laws here in Florida in the past 4 years - died as it was voted down by the Florida House Subcommittee on Health Care and Human Services.

Read the dead bill's language here -- and see for yourself that what didn't succeed into turning into law this year was not only an attempt at altering your insurance coverage (instead of boosting regulations to stop criminals via criminal investigation, etc.) but an attempt to:

1. give the insurance companies the right to cap the charges they would cover under PIP for medical services;

2. limit the amount of money that attorneys could charge for their work regarding these crashes; and

3. granting the insurance company even more time (read that delay) in investigating claims before they pay.

It's one thing to fight crime. It's another thing to hurt all Floridians who unfortunately are involved in an accident. Sounds like lots of Florida accident victims may have just dodged a bullet.

By Bryant Esquenazi on May 10, 2011 3:41 PM

Charlie Sheen v CBS, Warner Bros: Probably No Trial. Why? Sheen Agreed to an Arbitration Clause and Why You Should Know About Arbitration, Miami

Charlie Sheen's lawyers wrote to CBS and Warner Brothers about his claims regarding the TV series Two and a Half Men and this week the letter Charlie Sheen got in response was published online.

You can read it here on TMZ.com. Of particular note, the following language on page 10:

...Warner Bros. has submitted this dispute to arbitration before JAMS, as
required by the Agreement....

What is Arbitration?

Arbitration is a very popular form of "alternative dispute resolution." Which means it's one of the most popular ways of avoiding a trial down at the courthouse. Others are mediation and informal settlements between the parties.

Sometimes, alternative dispute resolution is a good idea. One example that is rising in popularity across the country are collaborative divorces, where courtrooms are avoided as the spouses work out their custody and support and property issues. Another example, two conglomerates are fighting over fees - it's cheaper and faster for their representatives to set down at a table and hammer out a deal that works for both sides than for all that time and money to be spent on a boring money dispute presented to a jury.

However, arbitration is different than other forms of alternative dispute resolution. It's scary because when it's created in a deal made within a contract (like Sheen's employment deal) it means "fair trial" goes out the window.

Why? Where it's part of a contract, a provision that provides that the parties agree that if there is a dispute it's understood in advance that there will be no lawsuits filed down at the courthouse, in the public record -- instead, they all agree at the outset to opt for arbitration to settle the dispute.

This means there won't be the usual rules of evidence used in standard litigation, and there will be a different kind of decision maker. He or she won't be an elected or appointed judge. He or she will be an independent third party arbitrator, and maybe there will be more than one. A panel who decides your fate.

What if you don't like the decision? You may be out of luck. Appeals of arbitration decisions are limited in scope to things like bias. Hard to prove. And to try, you have to do something like move to vacate the arbitrator with the Arbitration Board. Anyone pondering how often they find bias to exist?

How Arbitration Can Impact You Here in Miami

In Florida, the Florida Arbitration Code, Florida Chapter 682, Florida Statutes Sec. 44.104 and Rule 1.830 of the Florida Rules of Civil Procedure work together to control the type of contractually imposed arbitration that the Charlie Sheen - CBS and Warner Brothers situation exemplifies.

Here, it is considered a voluntary and binding arbitration by Florida law and to some extent, the parties are free to arbitrate as they see fit. For example, Florida voluntary binding arbitrations can have one arbitrator or an arbitration panel, as the parties decide. They can adhere to the procedure set out by the American Arbitration Association or they can improvise, creating their own procedure for the arbitration. They can even agree on the evidence: they can limit the evidence to documents and no testimony, or documents and depositions only, etc.

(Court-ordered arbitrations exist in Florida, see Florida Statute 44.104, but they are different than the Sheen scenario: the judge orders them, usually when mediation fails, as a last ditch effort to avoid an expensive trial, and the parties aren't bound by the result.)

Most Floridians have entered into arbitration agreements - waiving their right to a jury trial and the protections of state or federal evidence law - without even being aware of it. Seeing the advantages of arbitration over courtroom trials, companies have adopted consumer arbitration agreements in all sorts of sales agreements. Read your contract with your bank; the deal you made for your phone; the purchase contract for your car or HDTV.

Don't be surprised to see that there's an arbitration agreement in there. Can you get around that clause if you need to do so? That all depends. The power of these big companies to force arbitration down the consumer's throat is an issue that is still being litigated in Florida and across the country.

By Bryant Esquenazi on March 8, 2011 3:59 PM

Hurricane Earl and Miami: Tips for Preparing Now 4 Hurricane Storm Damage Insurance Claims

Today, the National Hurricane Center here in Miami announced that Hurricane Earl has been upgraded to a major storm - building to a Category 3 hurricane. Right now, Hurricane Earl is producing winds clocked at 120 mph, and Earl is strengthening by the hour.

The Virgin Islands and Puerto Rico, among other beautiful places, are under a Hurricane Warning. Unless Earl veers off its expected course, it's expected that the Hurricane will move up the East Coast - missing Florida, creating danger for the Carolinas and up the coastline.

Watching the Hurricane on Radar and Listening to the Forecasts

However, as those here in Florida know all too well, hurricanes have a mind of their own and you're never sure exactly what their path is going to be until the storm decides. Remember all those folk in Mississippi that thought Katrina wasn't going to be a big deal for them? Yeah, lessons learned.

It's smart to monitor what Hurricane Earl is doing -- and it's easy to do by following the online information provided by Miami's National Hurricane Center at its detailed web site, where pages are dedicated to tracking Earl.

Right now, Miami Beach seems to be pretty safe -- we'll get some thunderstorms, but we're not in the danger zone for the most part. However, be clear: even those thunderstorms can carry some weight, and don't be sure that you won't suffer some property damage thanks to Hurricane Earl.

Helpful Tips for Preparing Now for Hurricane Damage -- Get Ready to File that Hurricane Storm Damage Insurance Claim NOW

1. Do you have flood coverage? Remember that standard homeowner's insurance coverage does not cover water damage. You need to have a separate insurance policy for FLOOD INSURANCE to have the company pay a claim for flood damage. Do you think you need additional coverage? Get it asap.

2. Read your policy, and know what's covered. Insurance companies should cover water damage that happens because there was WIND DAMAGE that caused the water damage. If the wind blows a section of your roof off during a thunderstorm, then rain gets inside and causes harm, then the policy should cover that water damage.

Your standard homeowner's policy -- if it's a good one -- should give you other protections, as well. For example, fire should be covered if it results from storm damage. Vandalism may be covered, too. And, your policy may cover the expense of debris removal - along with living expenses if you have to live in a hotel while your home is repaired. If you read your policy and you want additional coverage, don't procrastinate - get it now.

3. Photograph and inventory your property in advance. If the weather gets worse, and you're being warned of a potential hurricane, then it will be to your advantage if you have already secured your property (including labeling your valuables with id info -- remember high winds might move this stuff down the street) in a detailed inventory, and take both still photos of your stuff, as well as video. Upload these to a secure site (for example, Mozy.com - a free service) if you can -- gives you added assurance that the images and info will be there, if and when you need them.

4. Video your property after securing it for the storm. When a hurricane is approaching, Floridians know the drill: you tie down the boats, you board up the windows. Get the stuff off the lawn, get the family out of town. Be sure you keep the tank full of gas, and before you leave, make sure you photograph your property to demonstrate your efforts to safeguard things. You do have a duty to make reasonable precautions against the storm.

5. Don't assume the insurance adjuster is on your side. No matter how friendly those commercials may be, the insurance adjuster is not your friend. He or she is an agent of the insurance company, whose best interests is to keep the money paid out on storm claims as low as possible. They are for-profit companies, remember? Take names and take notes and be careful what you say to the adjuster: your words might come back to haunt you.

Also, don't assume that the adjuster is astute and experienced. These professionals are supposed to be trained in assessing damage, but don't assume that the adjuster on your claim is right. Get your own experts -- appraisers, attorneys -- if things aren't shaping up as they should.

By Bryant Esquenazi on August 30, 2010 12:25 PM