Ask The Lawyer - Radio Show (Part 4)

December 15, 2021

Bruce L. Scheiner joins Todd Matthews on KIX Country 92.9 to discuss the importance of reviewing your auto insurance policy. The end of the year is the perfect time to sit down with you agent, review your policy and make changes to make sure you have the best coverage. 1 in 4 drivers in Florida are driving without insurance coverage. Tune in to learn about stacking insurance, uninsured and underinsured motorist coverage, and more.

December 8, 2021

My 14-year daughter was walking across Tamami Trail at a crosswalk when a car made a left-hand turn and side-swiped her. She was thrown about 10 feet, taken to the hospital, and has been in intensive care for several days. We are so worried, and to make matters worse, the driver only has minimum insurance, and the hospital bills and possible therapy will be enormous. My wife and I maintain extensive coverage on our vehicles, but we both have been out of work and have no medical insurance. My brother-in-law claims our car insurance will only help if she was in our vehicle. Can the lawyer help?

December 1, 2021

My boyfriend was riding his motorcycle, and a car ran a red light and hit him. He was in the hospital for over a week and will need surgery in addition to physical therapy. The woman who hit only had $10,000 in liability coverage. The woman was working as a home medical professional at the time of the accident, but the company claims they have no responsibility because she is an independent contractor. A friend of ours knows her husband, and he said she works full time for the company. Is there a law protecting this company if the person is a Quote "independent contractor"?

November 17, 2021

My husband and I are heartbroken. Our daughter had gotten called in to work unexpectedly, so she hired a girl in her neighborhood to babysitter her three-year-old son. The babysitter took her son to a neighbor's house. This neighbor has a pool, and at some point, the babysitter and her friend were playing video games, and our grandson wandered away thru an open sliding door and fell into the pool because there was no pool fence. They didn't discover he was gone for several minutes. When they found our grandson, he was unconscious in the pool. The mother of the babysitter's friend called 911 and performed CPR. Our grandson was rushed to the hospital, and the doctors indicated he has suffered some brain damage and will need extensive medical care. My daughter doesn't have medical insurance, and we are on a fixed income. Can a lawyer do anything?

November 11, 2021

My husband was riding his motorcycle parallel to the beach in Venice when all of the sudden a car pulled out in front of him. My husband just got out of intensive care and will need a lot of medical attention. The other driver only had minimum coverage. We got out our insurance policy out and I think we have full coverage including uninsured motorist coverage but the policy indicated we had "stacking" coverage which is a term I never heard of before. Is that a good thing? Also what is an umbrella policy? Do we still need to talk with a lawyer if we have full coverage? Can the lawyer explain some of these terms.

November 3, 2021

I was riding on a motorcycle that was rear-ended, and I sustained significant injuries, including a broken leg which required surgery. The at-fault driver only had $10,000 in coverage, and the motorcycle driver only had $25,000 in uninsured motorist coverage. I live at home with my parents, and we have three vehicles with full coverage. My bills have exceeded both the at-fault driver and motorcycle driver's coverage. A friend told me that car insurance wouldn't cover you on a motorcycle. Is that true? Can I get help?

October 27, 2021

My next door neighbors daughter had booked a Air BNB room in the panhandle which was highly recommended on the website. The second night she was there she was raped by the owners of the Air BNB. The police arrested the son and it turns out that he was a sexual predator who had previous being convicted of a similar crime. My neighbors daughter is very traumatized and will need a lot of therapy. The owner of the home doesn't have insurance and my neighbor was wondering if the lawyer could help.

October 20, 2021

My grandson recently moved into my house so he could attend FGCU and go home to his parents in the summer. He uses a bicycle for transportation. Unfortunately, while riding down the street, a car pulled out of the driveway, crashing into him, causing severe injures as well as hospitalization. I learned that the driver was uninsured. Since my grandson didn't have a car, he could have borrowed mine or my wife if he needed a vehicle. So, of course, my grandson didn't have car insurance. Is there anything my grandson can do?

October 13, 2021

My cousin was riding his motorcycle out in the countryside on a two-lane highway, and he went to pass a car. The car started making a left turn with his turn signal on and crashed into my cousin. As a consequence of the accident, my cousin was in the hospital for over a week. He has enormous medical bills. My cousin contacted the driver's insurance company that crashed into him, and they denied responsibility saying the turning car had the right of way. Is that true? How could a lawyer help?

September 29, 2021

My buddy was driving his motorcycle when and he stopped to make a left-hand turn. He saw a vehicle, but it was far enough away to complete the turn safely. When he started his turn, he was struck by the car he had seen. Two motorcyclists who were riding behind the vehicle which struck him gave a statement saying the commercial vehicle was doing 70 miles per hour on a 50 mile an hour road. My buddy was ticketed for violating the vehicle's right of way. My buddy was hospitalized for multiple injuries and only had minimum insurance. Can my buddy still pursue the other driver even though he violated his right of way?

September 22, 2021

My nephew was struck riding his bike by a driver who ran a red light at a high rate of speed. My nephew was taken by ambulance to the hospital with multiple broken bones, severe internal injuries, and a concussion. The driver was an out-of-state pharmaceutical representative in a rental car. The Rental car company said they were not responsible, and he had no insurance. Is it true that rental car companies can rent a vehicle to a driver without proof of insurance? The medical bills are going to be enormous. Can the lawyer do anything?

September 15, 2021

My sister was riding on the back of a motorcycle, and the driver cut in front of another vehicle. The motorcycle driver was killed, and my sister is in the hospital in serious condition. The driver didn't have motorcycle insurance, and we don't know what to do. Since it may be his fault and he didn't have insurance, we are concerned that my sister may be out of luck. My sister is in her late forties, and this accident will affect her for the rest of her life. My sister's ex-husband was an insurance agent, so she has always had good coverage, but she wasn't driving? My brother recommended a lawyer to me, but we never heard of the lawyer, and we don't know whether he knows about motorcycle accidents. My sister and I don't have any money and don't know much about the law. What should we do?

September 8, 2021

My brother was riding his bike when he was struck by a car running a stop sign. The driver who hit him had a suspended driver's license and no insurance. My brother was taken to the hospital with very severe injuries, including a broken leg and arm. He will need multiple surgeries and will not be able to work for months. What is so frustrating is my brother has always been a safe driver, carried insurance, and played by the rules, and now he is stuck with enormous medical bills and no income. Is there anything a lawyer could do?

September 1, 2021

My wife was recently struck by a drunk driver who was ticketed and arrested. She sustained significant injuries which required several surgeries. Since it was such a clear-cut case, we didn't hire a lawyer, and we contacted the driver's insurance company ourselves. The Insurance company only offered a minimum settlement offer, although we know the driver had more insurance. The drunk driver is an architect and lives in a very exclusive part of Venice. Is it too late to contact a lawyer? Can a lawyer make a difference?

August 26, 2021

I recently hired a pest control company for my Punta Gorda home. The technician was frequently coming to our home when I was not there. I arrived home recently at 6 pm, and the technician rushed to get in the company truck and left without even acknowledging me. When I entered my home, my daughter was distraught. It turns out my 14-year-old daughter had let the uniformed technician in the house, and he sexually assaulted her. I called the police, and he was arrested. The police later told us that the technician had a previous sexual assault arrest. My daughter is devastated by this incident, and according to our family doctor, my daughter will need a lot of therapy. As a single mom, I can't afford this expensive therapy. When we contacted the company, they indicated that they are not responsible because it happened after he was done work, and they had no idea about his previous arrest. I picked this company because, on their website, they say that all their employees have background checks. I am at a loss about what to do. Can a lawyer help us?

August 18, 2021

My nephew was struck by a woman who ran a red light. He was taken to the hospital with multiple injuries and had to have surgery for several internal injuries. The police issued the woman a ticket for running a red light. According to a neighbor who was at the accident scene, she heard the women say to the police that she couldn't see the traffic light because of the sun. However, when she talks to her insurance company, she said the light was green. There was no witness to the accident. My brother, a deputy, says that the police officer can't testify to what the woman who hit my nephew said about not seeing the light. Is that true? Can we use the police report if it states what she said? Could a lawyer help us?

August 11, 2021

My daughter was driving home from work when he car was struck by a driver who ran a red light. She was taken to the hospital with serious head injuries as well as a broken shoulder and arm. The driver who struck her only had minimum insurance, and my daughter doesn't have uninsured coverage either. The driver who hit her had an Uber sign on his car, and he had told the police he was on his way to pick up a client. We contacted Uber, and they said that he didn't have a customer in his car, so they are not liable for the accident. Is there anything a lawyer can do?

August 4, 2021

My brother was riding his motorcycle when a car made a left turn directly into his path, causing a collision. My brother sustained a broken hip that required surgery. Unfortunately, the car left the scene, and my brother had no insurance on his motorcycle. My brother lived at home with our parents and me. Each of us owns a car or truck. Is there anything my brother can do?

July 28, 2021

My son was recently in a bad motorcycle accident where he broke his leg and required surgery. His friend had recommended that he should hire a lawyer who is primarily handling car accidents. I was thinking he should hire a lawyer with a lot of experience handling motorcycle accidents. His friend doesn't think it makes any difference about which kind of experience the lawyer has? Is there any difference in handling motorcycle vs. car accident cases?

July 21, 2021

We were visiting for the winter from Canada, but due to the pandemic, we have stayed longer. The other day while driving back from the beach, we were hit broadside by a car. The other car driver was cited for going through a stop sign, thanks to a witness. My husband and I were brought by ambulance to Lee Memorial hospital, where they took care of my broken left leg and torn ligaments in my right ankle. The emergency doctor said I have soft tissue damage to my back. We plan to return to Canada next. Are we able to hire an attorney from this area to represent us, or do we have to wait to return to Canada and hire an attorney there?

July 14, 2021

My son was visiting his friend who took him for a ride on his ATV. Unfortunately, his friend turned the corner too fast, and the ATV tipped over, breaking my son's arm in three places. My son is going to require surgery to repair his arm and has extensive medical bills. His friend, who was at fault, had no car insurance. Is there anything he can do?

July 7, 2021

My niece was taken into custody through a Baker Act court order, and due to a lack of availability at the Women's Mental Section of her local hospital, she was placed in the male section of the mental wing. While being detained there, she was raped by a male patient who had previously raped other women. The hospital denied coverage based on their assertion it was a consensual act on the part of my niece. Can you ask the lawyer what my brother should do? Is this a situation of she said, he said?

June 23, 2021

My niece had attended a wedding shower at a local Venice restaurant. When she left, she was struck by a car as she crossed the street. She was taken to the hospital with multiple broken bones and a severe head injury. It turns out the girl driving the car that struck her was at the same restaurant. According to the police report, the girl driving was drunk and got arrested for underage drinking and drunk driving. Unfortunately, she only has minimum insurance, and my niece doesn't have uninsured motorist coverage. My sister's friend knows the girl who was drunk driving, and she indicated that the bartender at the restaurant was her boyfriend's best friend, who knew she was underage. Is there anything the lawyer could do?

June 16, 2021

My brother, an experienced motorcycle rider, had to lay his bike down to avoid a collision with a car that turned left in front of him. As a result, my brother was thrown over the handlebars and was hospitalized for over a week. He sustained a lot of injuries, including a shattered knee. In the Police report, the driver did not deny turning in front of the motorcycle rider but denied that he made any contact. The driver was ticketed for violating my brother's right of way. Can my brother sue the driver who cut in front of him even though there was no contact?

June 09, 2021

I was riding my bicycle on Tamiami Trail and was struck by a person with low insurance limits. I had a badly broken leg that required surgery and a lot of therapy. When my sister arrived at the accident scene, she found out that the person who hit me was on a lunch break from attending a work-related seminar that his employer paid for him to attend. Is there anything a lawyer can do?

June 02, 2021

My mother was in a large appliance store the other day, and when she when down one of the aisles, she slipped on a puddle and broke her hip. When my sister spoke to the manager, who said it was not their fault that the roof had a leak which was supposed to have been fixed the week before by the roofing company. The manager says we have to contact the roofing company, which doesn't sound right to me. My mom is unable to work now, and the medical bills are going to be enormous. Can the lawyer help?

May 26, 2021

My sister was visiting a friend in Jacksonville. A hotel bus stopped in the middle of the street (not at a bus stop), My sister walked in front of the bus, and suddenly, the bus driver started driving, striking my sister. She has severe injuries, including broken bones in both legs, head trauma, and broken ribs. She has already had two surgeries and is expecting to have more surgeries and a lot of physical therapy when she returns to Port Charlotte. My other brother, who lives out of state, wants my sister to hire an injury attorney in Jacksonville. Can you ask the attorney what difference it makes if she hires a Jacksonville Attorney or one here in Port Charlotte?

May 19, 2021

I was driving south on Tamiami trail in Charlotte County when a driver swerved into my lane, striking the driver's side of my car. My car spun out of control, and I hit a tree. I was hospitalized for a week with a broken shoulder, partially collapsed lung and a severe concussion. I am going to have to have more surgeries and lots of therapy. The driver who hit me had a delivery vehicle pull out in front of him from a side street, causing him to swerve into my lane and hit my car. The driver who struck me had minimal insurance. The driver who pulled out in front of him was ticketed for violating his right of way. I don't have uninsured motorist coverage, but is there anything an attorney could do to help? My insurance is not being helpful.

May 12, 2021

Bruce L. Scheiner and Todd Matthews discuss Florida automobile insurance legislation changes. Tune in to learn more!

May 5, 2021

My niece was visiting with a friend at her Condominium in Venice. Her five-year-old son had wandered off, and 10 minutes later, they found him floating in the condominium pool. They were able to revive him by the doctors are saying he will have permanent brain damage. The condominium pool is usually locked, but the gate was removed while they repaired it. The police indicated that is how her son got access to the pool. The Condominium says that the pool area has a sign indicating it is for residents only; thus, my niece's son was trespassing, and they are not liable for his injuries. Can you ask the lawyer if he can help?

April 28, 2021

My sister, who is 70 years old, went to a local food store to do her grocery shopping. As she walked into the store, a man with a cart stacked high with boxes ran into her. He knocked her off her feet. As a result, she has a broken knee and will need knee replacement surgery. When we contacted the store, they indicated that the man who ran into her was a local vendor and that the store wasn't responsible. The local vendor was a one-person operation, and he didn't have any liability insurance. One of the employees I talk with said this same vendor had run into one of their isles a couple of weeks earlier due to having the boxes he was delivering stack so high he couldn't see. Can you ask the lawyer if he can help?

April 21, 2021

My Son, who is attending college out of state, borrowed his roommate's motorcycle. He was driving down the highway when a driver pulled out in front of him, causing him to crash into the car throwing him twenty feet. As a result, our Son sustained a broken hip which will require several surgeries. The driver who caused the accident was ticketed, but he doesn't have any insurance coverage. The roommate who owns the motorcycle also has no insurance. We have always maintained excellent auto insurance, but my wife's friend said that he might no longer be covered since my Son sold his car. Is that true? Can the lawyer help?

April 14, 2021

I was riding my bike in my sub-division when I was hit by one of the residence driving a golf cart belonging to the sub-division. I was thrown from my bike and, as a result, I have a broken leg and knee cap. I will have to have knee replacement surgery. My wife got the driver's name and car insurance information, but they said they didn't cover golf carts when we contacted them. We reached the sub-division office that had given him the golf cart, and they are saying they are not liable. The medical bills are going to be enormous. Can you ask the lawyer if I am out of luck.

April 7, 2021

My son was in an unusual accident, and I hope the lawyer can give us some advice. My son was riding his motorcycle in Punta Gorda through an area of road construction where he was struck head-on by a car in the single lane he was direct to enter. Although he wasn't going very fast, my son was thrown from his motorcycle and received a broken leg, several broken ribs, and need surgery for a shoulder injury. The men directing traffic got their signals crossed and sent both drivers into the single lane. The driver of the car is claiming my son hit his vehicle. A witness was driving behind my son and confirmed the man directing traffic had sent him into the single lane. My son is severely injured, and he only had minimum insurance. The construction company foreman denies his men screwed up. Can the lawyer help us figure out what we should do?

March 31, 2021

My daughter came down to Ft. Myers Beach to visit with us. She and her family were staying at a resort on the beach. There had been a storm warning, but they decided to go to the beach for a short while. After being on the beach for about an hour, a storm came up with powerful winds. A vendor at a hotel who rented chairs and umbrellas started to break down his stand when one of the beach umbrellas got caught by the wind and flew through the air, striking my 3-year grandson. It hit him so hard he was temporarily knocked unconscious. To make matters worse, he sustained a broken arm. My daughter called 911 and got an ambulance to take my grandson to the hospital. A few days later, when her husband contacted the hotel about paying the medical bills, they indicated that the vendor was responsible, not the hotel, and we don't know how to proceed. Can the lawyer help?

March 24, 2021

My sister's son, who is attending college out of state, was riding his bicycle to class when he was struck by another student who ran a stop sign. He was taken by ambulance to the hospital and had multiple injuries requiring surgery. The student doesn't have any insurance. What's frustrating is my brother-in-law had attended a motorcycle group meeting recently where Bruce Scheiner spoke and discussed the value of having stacking insurance. Hence, he purchased it for our family. However, the insurance company says his son is no longer covered because he is living on campus at the college. If he were living at home, the stacking insurance coverage would provide all the financial support needed. Can you ask Bruce if there is anything my brother-in-law can do?

March 17, 2021

My brother, who lives with me, was driving his Harley down 41 when someone on their cell phone pulled out from a side street without looking into my brother's path. He struck the car and was taken to the hospital. He has had to have emergency hip surgery. Unfortunately, the negligent car driver didn't have insurance. To make matters worse, my brother was also uninsured despite my many requests that he obtain insurance. I had recently purchased insurance with something called stacking on all my vehicles and had urged him to do the same. I think my brother is out of luck, but can you ask the lawyer. The medical bills are enormous.

March 3, 2021

A tractor-trailer for a major retailer was driving down I-75 when it approached a traffic jam. It applied its brakes but not before hitting a minivan, injuring my brother's entire family. The trucking company says that their driver was driving the speed limit and could not avoid sudden traffic jams. My Nephew, who was driving several car lengths back, claims that the trucker had passed him at a high rate of speed while my Nephew was driving the speed limit. The trucking company lawyer says that my Nephew being a family member negates the validity of his claim about the speed the truck was going. We are convinced the trucker was speeding even though he did not get ticketed for speeding. Is there anything a lawyer could do to help my brother prove the truck driver was speeding?

February 24, 2021

My cousin went to the local convenience store to get a case of water. It was late at night, and the parking lot was poorly lit. When he got out of his car and started walking to the convenience store, he was suddenly shot and killed. The wife contacted the convenience store owner, and they indicated that they were not responsible. When she spoke to a friend in the area, he told her there had been several criminal incidents, including a previous shooting at this location. Can the lawyer help my cousin's wife?

February 17, 2021

My brother was driving his Harley down Highway 41 when he was hit by a large electrical truck. The driver of the truck was charged with DUI, and this was his third arrest for DUI. My brother sustained a broken hip, and he will need hip surgery to replace it. The insurance company has only been willing to pay all his medical bills and lost wages. That doesn't seem right. Can you ask the lawyer if my brother is entitled to more?

February 10, 2021

My best friend was riding his bicycle to work the other day and a guy driving a van side swiped him causing him to crash. The police came and ticketed the driver for reckless driving. My best friend was taken by ambulance to the hospital with severe injuries. His leg was crushed and will need multiple surgeries and he may not be able to walk for quite a while. The driver of the van had minimum insurance. The van was owned by a plumbing supply company but apparently the driver had just been fired and was told to take his tools home and return the van. The company is claiming they are not responsible for his action because he was no longer an employee. Can the lawyer help?

February 3, 2021

My girlfriend was severely injured when a driver ran a red light. She was in the hospital for almost a week and is going to need future surgeries in addition to therapy. The person who was driving the car had only minimum insurance. He was driving a construction company car, but it turns out that the driver didn't work for the company. His roommate had let him drive the car to get some groceries. The construction company is claiming they are not responsible because they have a policy against any employee allowing anyone other than the company's employees to drive the car. Is my girlfriend out of luck? Her medical bills are going to be enormous, not to mention lost wages.

January 27, 2021

My son was riding his bicycle past a neighbor's home and was knocked off his bike by the homeowners German Sheppard. My son has a broken arm and knee injury which will require surgery. My neighbor has had numerous complaints about the dog getting loose. Is there some way we can recover the money for his medical bills?

January 21, 2021

My husband and I have been snowbirds from Michigan for over ten years. Yesterday my husband was riding his motorcycle by Nokomis Beach when a driver ran a stop sign and hit him. My husband was taken to the hospital with severe injuries which required emergency surgery. My brother-in-law wants to contact a lawyer friend of his in Michigan to handle our case, but I think we should hire a Florida attorney. Can a Michigan lawyer handle an accident case in Florida? We really need some advice.

January 13, 2021

My sister was driving on Tamiami Trail when she was hit from behind by a distracted driver. She was taken to hospital with multiple injuries, including several broken ribs and a shoulder injury, which will require surgery. It turns out that the driver was driving a rental vehicle, and the driver did not have insurance. We contacted the rental agency, and they indicated they are not responsible by law for accidents caused by renters. I also discovered that the driver's company rented the vehicle to make deliveries during the holidays. The company says they are not responsible because the accident happened before his workday was scheduled to begin.

Is it true that rental companies are not responsible for making sure renters have proper insurance? Can a lawyer help my sister?

January 6, 2021

My friend was riding his motorcycle and was hit by someone who fails to stop at a stop sign. The guy who was at fault only had $10,000 in coverage. He told the police officer that he was on his way to see a client for a local accounting firm. My friend was hurt pretty severely and needs surgery, and 10,000 is not going to be nearly enough. Is there anything else he can do to get his medical bills paid, not to mention lost wages?