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Distasio Law Firm November 2019

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Distasio Law Firm November 2019

ISTASIO

NOV 2019

PERSONAL INJURY LAW

LIFE & THE LAW

(813) 259-0022 | www.distasiofirm.com

AN ATTORNEY GETS INTO A CAR ACCIDENT Practice What You Preach

“Nobody ever expects to be in a car crash.”

I’ve said some variation of that phrase to clients for years now, and it remains as accurate as ever. Not long ago, I had the unfortunate privilege of experiencing just how true it is. I also got to experience for myself just how mind-blowingly frustrating the process of dealing with insurance after a car accident can be. Like most everyone else, my accident happened under the most mundane of circumstances. It was a Saturday, and Faith and I decided to go out for lunch. We pulled up to the corner of Kennedy and Dale Mabry, where we sat at the light. We’ve been there countless times, as I’m sure you have. Faith and I were talking to each other, me in the driver’s seat and her in the passenger seat, waiting for the light to turn green. Before it did, though, we were jolted by a large bang. Another car had rear-ended us. Because we were at the light, I wasn’t paying any attention to our rearview mirror. We didn’t have any chance to brace for impact. One second everything was normal, and the next, it was very much not. Faith immediately experienced low back pain and neck stiffness. Unfortunately, her pain has not resolved. Once the shock subsided, my attorney training kicked in, and I sprang into action. I quickly got out of the car to inspect the damage. I was quite surprised given the size of the impact that there was not more damage to my rear bumper. Faith tells me that she now knows how clients feel when insurance companies claim you cannot get hurt from rear end car accidents unless your rear bumper is totally destroyed.

I thought this was about as clear-cut and stress- free as an accident can be because the other driver immediately accepted blame. He pulled out his phone, opened the USAA app, and filed the claim in front of my very own eyes. He obviously felt bad, so I didn’t think there was any need to call the cops, file a report, and get him ticketed. There was no way in the world his insurance company would make things difficult over such an obvious accident. I should’ve known better. It wasn’t long after the accident that I got a call from the insurer, informing me that they wouldn’t approve payment for my repairs. They hadn’t been able to contact the insured, they told me, and couldn’t authorize payment until they did. I could, they suggested, go through my own insurance, which would be faster. That route, of course, would cost me my $500 deductible, not that USAA cared. I was apoplectic. Isn’t the whole point of the app to allow this process to be handled quickly and conveniently? They were definitely just dragging their feet.

At this point, I revealed that I was a personal injury attorney and that we were either going to do this the easy way or the hard way. I set a date by which they were to approve the repair. If not, I was filing suit against their driver. They ignored my demand. So now, I have filed a lawsuit against the driver to force the insurance company to take responsibility for repairing my vehicle. Had I just filed a police report, I’m sure it would’ve moved much quicker, but I was trying to do another driver a solid. The insurance company wasn’t just being callous toward me, but to their own customer, as well. If they’ll do this to a personal injury attorney in the most black-and- white accident imaginable, it’s safe to say they’ll do it to anyone.

-ScottDistasio

(813) 259-0022

3 HIDDEN GEMS CELEBRATING AMERICAN ART Go to an Art Museum Day Go to an Art Museum Day, which takes place on Nov. 9, is very clear about how you should celebrate it: Go to an art museum! This holiday is an important reminder of the wealth of art and creativity housed in our nation’s museums. Many facilities participate in the holiday with events and discounted entry fees. While East Coast art meccas like New York’s Museum of Modern Art and the Metropolitan Museum of Art immediately come to mind, there are some hidden gems in our country that deserve a second (or first) look.

nestled into a cliff that overlooks the pristine National Elk Refuge. As if the beautiful environment weren’t enough, the museum is also filled with 14 galleries (over 5,000 pieces) from artists who evoke the relationship between humans and the natural world, including pieces from Georgia O’Keeffe, John James Audubon, John Clymer, and Robert Kuhn. In 1994, the museum received the Wyoming Humanities Award, and, in 2008, it received its current designation as the National Museum of Wildlife Art of the United States from Congress.

different structures, each celebrating a subsection of American art. Founded by Electra Havemeyer Webb, an art lover and collector, Shelburne Museum exemplifies her vision of an institution that celebrates both past and present.

CHINATI FOUNDATION Marfa, Texas

This contemporary art museum carries out the intentions of artist and founder Donald Judd, who sought to create a sense of time and place through thoughtful curation and design. Judd emphasized “works in which art and the surrounding landscape are inextricably linked.” Located on 340 acres of land, the museum includes permanent and temporary installations. The foundation also supports artist residence and educational programs. Judd’s ideas, and their manifestation in Chinati, have helped establish Marfa as an international art destination.

SHELBURNE MUSEUM Vermont

NATIONAL MUSEUM OF WILDLIFE ART Wyoming

Experience American history, art, and design at this impressive museum that was “designed to allow visitors the pleasure of discovery and exploration.” From architecture to impressionist art, the 35 acres of this museum house 39

It’s hard to beat the setting of this museum. Located in Jackson, Wyoming, the National Museum of Wildlife Art is

WHAT TO DO AFTER AN ACCIDENT THE STEPS TO TAKE TO PROTECT YOUR RIGHTS

If you never have to deal with the aftermath of a car accident, consider yourself lucky. But regardless of whether or not it ever happens to you, being prepared just in case is important. It’s been on our minds recently (see this month’s cover story if you’re not sure why), so we figured it’s the perfect time to provide a guide of what to do after the dust and bumpers settle. CHECK FOR THE SAFETY OF OTHERS Your first concern should be whether everyone involved is safe. If you can get up and move around, check all vehicles involved. If anyone is in danger, call 911 immediately. CALL THE POLICE AND GET A REPORT The baseline for calling the police is whether or not the accident is being reported to insurance, which is to say you should almost always call the police. Getting a report from a respected third party corroborates your story and makes the process a lot easier going

forward. The other driver should remain at the scene until the report is completed.

GATHER EVIDENCE Take photos, get insurance information, and locate and get the contact information of the witnesses. Any evidence that you can readily gather could come in handy later on. Plus, you only have one chance to collect it. REPORT YOUR CLAIM Both parties should report the claim with their insurer as soon as it’s safe to do so. These days, many insurers have apps that make the claims process easy but feel free to do it by phone if that’s more comfortable for you. SEEK MEDICAL ATTENTION If you think you have even the slightest need to see a doctor, do it immediately. You only have 14 days to access your personal injury protection (PIP) coverage, so delaying can be

costly. Many people think they’re fine, only to end up sore days later. Getting evaluated and treated early gives you peace of mind in addition to physical healing. CALL AN ATTORNEY No matter how well you handle your part of the equation, there’s no telling what an insurance company will do. An experienced accident attorney can help ensure that you get what you deserve rather than the runaround. Call us today at (813) 259-0022.

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www.distasiofirm.com

Where to Enjoy a Holiday Meal TAMPA’S BEST RESTAURANTS F or most of us, the holidays involve plenty

all of this, they somehow have time to run what is arguably Tampa’s best restaurant. Rooster & the Till’s ever-evolving menu delights and surprises in equal measure, and the prices are surprisingly modest for a restaurant of its caliber. Book now or risk being left out in the cold.

of excellent home-cooked meals. But just as surely as the season is a chance to eat in, it’s also the perfect opportunity to dine out. Tampa’s restaurant scene gets better every year, so why not take a loved one out to a great meal? If you want to spend a night talking over some of the area’s best food, look no further than these recommendations.

PIZZERIA GREGARIO 400 2nd St N Safety Harbor

ROOSTER & THE TILL 6500 N Florida Ave Tampa

PAUL’S LANDING 501 5th Ave NE St. Petersburg

If you like your world-class food served without the slightest bit of pretentiousness, you’ll love Pizzeria Gregario. The fabled Safety Harbor pizzeria’s sandwich board tells you all you need to know: Wood Fired. Sour Dough. Support Local Agriculture. The spartan digs match the bare-bones menu, as the nonpizza offerings amount to a market salad. You don’t go to Pizzeria Gregario for a slice or to pick your own toppings; you go to get pies lovingly crafted by a master, no questions asked.

Rooster & the Till chef, Ferrell Alvarez, and his business partner, Ty Rodriguez, have become instrumental figures in Tampa’s burgeoning fine-dining scene. They constantly champion other noteworthy Tampa restaurants, shine a spotlight on local farmers and artisans, and invite first-rate chefs from around the country to check out our neck of the woods. In addition to

There is no shortage of restaurants that provide beautiful views as part of their appeal, but Paul’s Landing stands out in this crowded field. Located within The Vinoy Renaissance St. Pete, the restaurant boasts boldly flavored seafood and craft tropical cocktails, creating the perfect match of fare and setting. It’s an excellent place to take an out-of-towner.