FLG Blog

Uber vs. Personal Insurance—Who Pays in a Brickell Lyft Accident? Accidents can happen anytime, anywhere, and that includes ridesharing services like Uber and Lyft. If you find yourself involved in a Lyft accident in Brickell, it’s essential to understand how insurance works in these scenarios. Who pays for damages? Is your personal insurance enough? In this blog post, we will break down the intricacies of insurance coverage in ridesharing accidents and provide you with actionable steps to take if you find yourself in this situation. Understanding Rideshare Insurance Coverage When you use a ridesharing service, the insurance coverage can be quite different from traditional personal auto insurance. Here’s how it generally works: Driver's Personal Insurance: This is the insurance the driver has for their personal vehicle. However, it may not cover accidents that occur while they are driving for a rideshare company. Company Insurance: Uber and Lyft provide their own insurance policies, but the extent of coverage depends on whether the driver is logged into the app and available for rides. Insurance Coverage Stages To clarify how insurance applies during a Lyft accident, let’s break…Read More

Who’s Liable for a Parking Lot Crash in Greenacres? Parking lots may seem like low-risk areas for accidents, but the reality is that collisions can happen anywhere. In Greenacres, Florida, the combination of pedestrians, vehicles, and limited space often leads to confusion and, unfortunately, crashes. Understanding who is liable in these situations is crucial for anyone involved. Whether you’re a driver, a pedestrian, or a business owner, knowing your rights and responsibilities can make a significant difference in the aftermath of a parking lot accident. Understanding Liability in Parking Lot Accidents Liability in a parking lot crash can be complex. Unlike traditional roadways, parking lots are private property, which influences the rules governing accidents. Here’s a breakdown of potential liable parties: Drivers: The most common cause of parking lot accidents is driver negligence. If a driver fails to follow traffic rules, such as yielding to pedestrians or obeying stop signs, they may be held liable. Property Owners: If a parking lot is poorly maintained—think potholes or inadequate lighting—the property owner may share liability for accidents that occur due to these hazardous conditions. Pedestrians: Pedestrians who…Read More

https://youtu.be/UUzw53x8wo8 In the attached video, attorney David Fenstersheib of Fenstersheib Law Group breaks down the most common — and most confusing — auto insurance terms that every Florida driver should understand. If you’ve ever looked at your policy and wondered what “PIP,” “BI,” or “UM” really mean, this quick video will clear things up and help you make sense of your coverage. Florida’s no-fault insurance system can be tricky, but knowing how each type of coverage works is key to protecting yourself financially after a crash. As David explains, PIP (Personal Injury Protection) covers 80% of your initial medical bills up to $10,000 — regardless of who caused the accident. BI (Bodily Injury Liability) covers injuries you cause to others, while UM/UIM (Uninsured or Underinsured Motorist) coverage protects you when the other driver doesn’t have enough insurance. You’ll also hear about PD (Property Damage) coverage, which pays for damage you cause to another vehicle or property, and Comprehensive and Collision coverage, which protects your own car from crashes, theft, or natural disasters. And if you lease or finance your vehicle, Gap Insurance can be a…Read More

Understanding Wrongful Death and Negligence When a loved one’s life is taken because of someone else’s careless or reckless behavior, the pain can be overwhelming. Florida law gives surviving family members a way to seek justice through a wrongful death claim. These civil cases are designed to hold the responsible party accountable by seeking compensation for financial and emotional losses. Negligence is the foundation of most wrongful death cases. It refers to a failure to act with the level of care a reasonable person would have exercised under similar circumstances. When negligence leads to a fatal accident—such as a car crash, medical error, or unsafe property condition—the surviving family has the right to ask for recovery through Florida’s wrongful death statute. Florida’s Wrongful Death Law Under the Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26), the personal representative of the deceased’s estate can file a lawsuit for the benefit of surviving family members. This law allows families to recover damages for medical expenses, funeral costs, lost wages, and the loss of companionship or support. The focus of these claims often comes down to whether someone…Read More

Understanding Personal Injury Claims in Florida: A Step-by-Step Guide Personal injury claims can often feel overwhelming, especially if you're dealing with injuries and the aftermath of an accident. Whether it’s a car crash on I-95, a slip and fall at a local grocery store, or a workplace injury in Fort Lauderdale, knowing the ins and outs of personal injury claims is crucial for securing the compensation you deserve. At Fenstersheib Law Group, we want to empower you with the information you need to navigate this process effectively. What is a Personal Injury Claim? A personal injury claim is a legal dispute that arises when one person suffers harm from an accident or injury and someone else might be legally responsible for that harm. In Florida, these claims often involve negligence, which means that the other party failed to take reasonable care to prevent your injury. Steps to Take After an Injury If you find yourself in a situation where you need to make a personal injury claim, follow these essential steps: Seek Medical Attention: Your health should always be your first priority. Even if you…Read More

Should I Talk to the At-Fault Insurer After a Kendall Accident? Being involved in an accident can be overwhelming, especially in a bustling area like Kendall, Florida. With palm trees swaying in the breeze and the vibrant vibe of South Florida, the last thing you want is to deal with the aftermath of an accident. If you find yourself in this situation, you might wonder whether or not you should communicate with the at-fault insurer. This blog post aims to clarify your options, outline the necessary steps, and help you understand what to do next. Understanding the Importance of Communication When you’re involved in an accident, it can be tempting to speak to the other party’s insurance company. However, it’s crucial to approach this situation with caution. Here are a few key reasons why: Insurance companies are not on your side. Their primary goal is to minimize payouts, which can sometimes lead to unfair treatment of claimants. Your statements can be used against you. Anything you say might be recorded and could potentially damage your claim. Understanding your rights is essential. Speaking to an attorney…Read More

Can I Sue Both Driver and Company for a Cutler Bay Rideshare Accident? Rideshare services like Uber and Lyft have transformed the way we travel in South Florida. While they offer convenience, accidents can happen, leading to serious injuries and damages. If you or a loved one has been involved in a rideshare accident in Cutler Bay, you may wonder about your legal options. Specifically, can you sue both the driver and the rideshare company? In this blog post, we’ll explore the nuances of rideshare accidents, the possible legal pathways, and what steps you should take to seek the compensation you deserve. Understanding Liability in Rideshare Accidents Determining liability in a rideshare accident can be complex. Generally, there are two parties you might consider suing: The Driver: If the driver was negligent, such as distracted driving or speeding, they could be held liable for your injuries and damages. The Rideshare Company: Companies like Uber and Lyft may also share liability, especially if the driver was actively engaged in a rideshare trip at the time of the accident. When Can You Sue Both Parties? In Florida,…Read More

Understanding How Insurance Companies Evaluate Settlements After a car accident or personal injury, the settlement amount offered by an insurance company can make a huge difference in your recovery process. Many Florida residents are surprised by how complex that process is and how many factors play into what an insurance adjuster ultimately decides to offer. These decisions aren’t random—they’re based on specific rules, policy terms, and Florida law. Insurance companies are businesses. Their goal is to close claims efficiently and pay as little as possible while staying within the bounds of the law. Knowing how they arrive at a settlement figure helps you protect your rights and avoid accepting less than you deserve. Liability and Fault The first step in any settlement calculation is determining who was at fault for the accident. In Florida, the concept of comparative negligence plays a big role. Under Florida Statute §768.81, an injured person can still recover damages even if they share some blame for the accident, but their compensation is reduced by their percentage of fault. For example, if you were found 20% at fault in a car…Read More

Can Road Hazards Make the City Liable in Tamarac? Road hazards are a common issue for drivers in Tamarac, Florida, and they can lead to serious accidents. If you’ve encountered a dangerous pothole, a missing guardrail, or any other road hazard that has caused you injury or damage, you may be wondering if the city can be held liable. Understanding your rights and the steps you should take can be crucial in navigating these situations. This article will guide you through the process of determining liability for road hazards in Tamarac and how to pursue a claim if necessary. Understanding Liability for Road Hazards In Florida, government entities can be held liable for road hazards under certain circumstances. However, there are specific criteria that must be met: Negligence: The city must have been negligent in maintaining the roads. Notice: The city must have had actual or constructive notice of the hazard. Causation: The hazard must have caused your injury or property damage. Examples of Road Hazards Some common examples of road hazards that could lead to city liability include: Potholes that are not repaired in…Read More