One of the most dangerous aspects of the aftermath of an accident is the risk of being targeted by unscrupulous individuals and organizations. These parties, which include unethical law firms and medical clinics, prey on accident victims who may not fully understand their legal rights or are still trying to recover from the trauma.
In Florida, strict laws and regulations exist to protect individuals from fraudulent and unethical solicitation practices. Unfortunately, some companies and individuals still manage to exploit accident victims for their gain, and it’s essential to be aware of these tactics so that you can protect yourself.
As a Miami-based personal injury attorney, Leo Valdes is committed to helping accident victims navigate the complexities of Florida’s legal system. In this blog, we’ll discuss the two main types of solicitation after a car accident, how they operate, and how to avoid falling victim to them.
Understanding Fraudulent Solicitation
Fraudulent solicitation in the context of car accidents involves contacting accident victims to deceive them into making fraudulent claims or settlements. The Florida Statute 817.234 makes this a crime in Florida. We aim to help you understand the legal implications and recognize the signs of fraudulent solicitation, as this will be crucial in protecting yourself.
Florida Statute 817.234(8): Solicitation with Intent to Defraud
What is Florida Statute 817.234(8)? This Statute specifically addresses solicitation with intent to defraud related to insurance claims:
“It is unlawful for any person to solicit or knowingly accept any compensation from a health care provider or medical clinic in exchange for referring an individual for treatment or services that will be paid, in whole or in part, by personal injury protection insurance coverage.” Violating this statute is a felony.
1. Unethical Law Firms and Illegal Solicitation
It may be surprising to read, but some law firms will engage in aggressive tactics, violating both Florida Bar rules and state law. Florida Bar Rule 4-7.18, strictly limits lawyer solicitation. Direct solicitation for financial gain is prohibited unless a family or prior professional relationship exists, through either in-person, phone call, or real-time electronic communication. Written communication is permitted, but it must adhere to specific rules, which we provide details on further below.
Unethical law firms may try to circumvent these rules through:
- Soliciting at the Scene: Tow truck drivers or others at the scene of an accident may be connected to unethical lawyers offering immediate representation. This is illegal and inappropriate and may even pressure victims to sign paperwork without fully understanding the terms.
- Phone Calls and Door-to-Door Solicitation: After the accident, victims may receive unsolicited phone calls or home visits from individuals claiming to be lawyers or legal representatives. These individuals may promise large settlements or make misleading claims about the strength of the victim’s case.
- Early Access to Police Reports: While Police records are public records, they are not available for purchase until a certain period after the accident. Obtaining police reports before they are publicly available raises serious legal and ethical concerns.
- Prohibited Written Communication: Contacting accident victims within 30 days of the accident regarding personal injury or wrongful death claims is prohibited.
2. Fraudulent Medical Clinics Exploiting PIP Benefits
Another widespread problem is that some medical clinics target accident victims to exploit their Personal Injury Protection (PIP) benefits. Florida’s no-fault insurance system requires all drivers to carry PIP insurance, which covers up to $10,000 in medical expenses regardless of who is at fault in the accident.
Here’s how these clinics typically operate:
- Billing for the Full $10,000 in PIP Benefits: Medical clinics may attempt to use the victim’s full PIP benefits (up to $10,000) for treatment that is not medically necessary – sometimes even providing false diagnoses. These clinics may overcharge or submit fraudulent bills, draining the victim’s PIP coverage without providing any real benefit.
- Collaboration with Unscrupulous Lawyers: Some medical clinics collaborate with unethical lawyers, creating a cycle of fraud. Lawyers may refer clients to these clinics under the pretense that the victim has a valid case against the at-fault driver. The clinic and lawyer work together to exhaust the $10,000 in PIP benefits, and only after this money is paid out will the lawyer inform the client that they have no viable claim against the at-fault party. This practice leaves the victim without sufficient medical care or legal recourse.
Permissible Written Communication from Attorneys (Florida Bar Rule 4-7.18)
While direct solicitation is prohibited, attorneys can send written communications to prospective clients, but these communications must comply with strict guidelines:
- The communication must be clearly marked as “Advertisement” on the envelope and in the communication itself.
- It must comply with advertising rules (Rules 4-7.11 through 4-7.17).
- It cannot be sent if the lawyer already knows the victim and they have legal representation for their case.
- It cannot be sent if the recipient has said they do not want to be contacted.
- It cannot involve coercion, harassment, fraud, or undue influence.
- It cannot be sent if the victim’s physical, emotional, or mental state would prevent reasonable judgment.
- The communication must include the lawyer’s background, training, and experience.
- If a contract for legal services is included, it must be labeled “SAMPLE” and say “DO NOT SIGN”.
- It must disclose if the case will be handled by a different lawyer or referred out.
- It must explain how the lawyer obtained the recipient’s information.
- It must not reveal the legal issue on the envelope or mailing materials.
How to Protect Yourself from Solicitation
If you’ve been involved in a car accident, here are steps you can take to protect yourself from fraudulent solicitation:
- Never Sign Anything Immediately: Whether it’s a legal contract or medical treatment agreement, take your time and fully review any documents before signing. Always consult with a trusted attorney before committing to any agreements.
- Consult an Experienced Attorney: If you have doubts about an offer or solicitation, contact a reputable and experienced personal injury attorney like Leo Valdes. A trustworthy attorney will explain your rights and guide you through the claims process without pressuring you.
- Report Suspicious Behavior: If you believe a tow truck driver, medical clinic, or law firm is engaging in illegal solicitation practices, report them to the Florida Bar or the Florida Department of Health.
- Avoid Solicitation at the Scene: If anyone approaches you at the accident scene with offers of legal or medical services, politely decline and seek professional help on your terms.
Conclusion
Protecting yourself from fraudulent solicitation after a car accident requires vigilance and awareness. By understanding the tactics used by unethical individuals and organizations and following the steps outlined above, you can safeguard your rights and your well-being. Contact Leo Valdes today for a free consultation to discuss your case.
Navigating the aftermath of a car accident can be overwhelming, and it’s easy to fall prey to individuals who try to take advantage of these vulnerable moments. Whether it’s unethical law firms or fraudulent medical clinics, there are risks that you need to be aware of.
Florida law is designed to protect accident victims, but it’s still important to be aware to help protect yourself. If you’ve been involved in a car accident, Leo Valdes is here to provide experienced, trustworthy legal counsel to help you navigate the claims process safely. With years of experience representing clients in Miami and the surrounding areas, Leo is dedicated to ensuring that you get the compensation you deserve without being exploited by unethical solicitors.
Call or fill out our online contact form for a free consultation and ensure your rights are protected after your accident.
Sources:
Florida Bar – Rules of Professional Conduct, Rule 4-7.18
Florida Statutes, Chapter 817.234
Florida Statutes, Title XXXVII, Chapter 627 – Personal Injury Protection (PIP) Insurance
Florida Department of Health – Regulations on Medical Fraud