Auto Accident
FAQs

YES, FOR THE MOST PART.

Having fear or rage immediately after an accident, you may feel the urge to discuss it. Try not to talk about your involvement in the accident, except with our office or your attorney.

We strongly suggest allowing official channels to be utilized in the process of determining fault. Even though you may think you were at fault for your accident, our investigation of the facts may reveal something different than you initially expected. It is best not to prematurely take responsibility for your accident.

THIS MAY NOT MATTER IN YOUR CASE.

While it may not matter in your particular case, it’s never a good idea to drive without valid insurance in Florida. If you get into an accident that is your fault, you could even face criminal charges and DMV administration fees.

Since Florida is a “no-fault” state, the other driver will likely have his or her bills that result from the crash covered by his or her own insurance company, but only up to a maximum of $10,000. Since medical costs may quickly exceed that amount, the other driver(s) may try and sue you.

THIS COULD MAKE OR BREAK AN INSURANCE SETTLEMENT.

After exhausting your $10,000 in PIP coverage benefits, if the at-fault driver has an amount of liability coverage that is insufficient to cover the damages related to your accident, your underinsured motorist policy may cover the difference between your losses and the amount you received from the at-fault driver’s insurance company.

If the negligent driver did not have liability coverage whatsoever, your uninsured motorist insurance may cover you. Many drivers in Florida do not carry UM coverage but should, so call your insurance carrier today.

Florida is a no-fault state.

This simply means that everyone who operates a motor vehicle on Florida’s roads must carry a Personal Injury Protection (PIP) insurance policy. And, this PIP insurance applies regardless of who is at fault for the collision. As well as, protects all individuals injured in collisions (even if they cause them).

The required limits are $10,000 of PIP insurance. In fact, this is an automatic provision when medical treatment is sought within fourteen (14) days of an automobile accident. And, if a physician determines your injury qualifies as an emergency medical condition. Then your PIP insurer will pay 80% of your medical treatment up to $10,000.

Luckily, you always have the right to pursue the individual(s) who negligently caused injury to you. Even though a negligent driver may not carry bodily injury coverage to compensate you in an automobile collision. Actually, they may have personal assets to pursue in order to make you whole. An attorney can perform a thorough investigation. And help guide you through the process of suing and recovering damages you sustained in a collision.

Not necessarily.

Although your premium may increase because of a collision, it is not necessarily a guarantee. However, auto insurance premiums tend to increase over time. Even without an automobile collision.

In fact, there are many factors that contribute to these increases including general market trends. Other factors that may increase rates include address changes, new vehicles, and auto claims filed in your zip code by other drivers. Thus, it is recommended that you get various quotes every six months or annually. This will ensure you are getting the best rates.

As personal injury attorneys, we work on a contingency fee basis. In fact, the Florida Supreme Court regulates contingency fees. Tapering these fees on a sliding scale depending on the amount recovered.

Actually, the standard fee for an insurance claim is 33.33%. And, the standard fee for a case in which a lawsuit is filed is 40%. Thus, a contingency fee agreement means that the attorney is owed nothing unless there is a successful recovery in your case. Therefore, there are no out-of-pocket or upfront costs associated with retaining our services.

Although having prior injuries and/or medical treatment does not prohibit you from making a claim. In fact, insurance companies and defense attorneys will attempt to use this as an excuse. So they can avoid compensating you for the damages, you sustained in an accident. But, Florida law permits you to make a claim for temporary and permanent worsening of your underlying medical conditions. Thus, it is important to contact an attorney as many cases involving pre-existing conditions result in lawsuits.

If you sustain an injury in an accident, you should not speak with an adjuster. In fact, wait until you have had the opportunity to discuss the incident with an attorney. Because adjusters will attempt to minimize the impact of any alleged injuries in a collision. And they will ask questions designed to make you admit fault and admit that you were not injured. An attorney can contact adjusters directly on your behalf and avoid this questioning.

YOU HAVE OPTIONS

Luckily, you will have some options for making repairs to your vehicle. Now, if the damages or total loss fall within the property damage coverage of the at-fault driver, then that insurance carrier should be responsible for making repairs or paying for the total loss. But only up to the limits of their property damage policy coverage. Because insurance carriers will oftentimes also provide rental coverage during the repairs. Or for a period of time while the total loss is being evaluated.

Alternatively, if the person who was at fault does not have enough property damage coverage or the determination of fault is taking an extended period of time. Then you may choose to use your collision insurance coverage. If you have purchased this type of coverage on your policy. Although, many times if you have a loan on your vehicle or if you lease the vehicle, this type of coverage is mandatory to provide to your lienholder or leasing company.

But, you will very likely still have to pay for your deductible. Which the at-fault insurance carrier may ultimately reimburse once determining the total fault. Lastly, they will only provide you with a rental vehicle under your insurance coverage if you have elected rental coverage on your policy.

Actually, if you have missed time from work, you may have the ability to submit your lost wages under your Personal Injury Protection (PIP) coverage. But only if you have elected for lost wages on your policy. In fact, we recommend that you keep a clear record of your missed time and lost wages. As well as, keep all proper doctors’ notes. This is to support your missed time and lost wages. And should be evaluated at the time of settlement discussions with the insurance companies. Thus, using a more creative approach that may allow for reimbursement under your bodily injury or UM/UIM coverage.

Especially if you were not at fault, your insurance should not raise your premium if you decide to have your vehicle repaired through your insurance policy under your collision coverage. Yet, insurance companies typically evaluate premium changes for many reasons. And those reasons change from carrier to carrier. So, it may be difficult to pinpoint exactly where your increased premium is coming from. Particularly, in the event your premium increases after your auto accident.

Unfortunately, this answer depends on many variables because every case is different. However, personal injury law industry-standard timelines hover between about 9 to 12 months.

Although a prior injury may affect the way an insurance company or attorney views your claim. It does not prohibit you from making a claim. In fact, you may have sustained an exacerbation or aggravation of your pre-existing injury or condition. Or, you may have sustained a wholly distinct injury that will likely not be discovered unless you seek medical treatment. So, if you believe you have been injured in a collision you should seek medical help and the advice of an attorney.

First, every individual who maintains a policy of automobile insurance purchased in the State of Florida is required to carry Personal Injury Protection benefits. Actually, this “no-fault,” benefit applies no matter who caused the collision. And, Personal Injury Protection (PIP) will pay for 80% of your medical expenses up to $10,000. This is an automatic benefit if you are involved in an automobile collision. But, you must inform any medical provider(s) you see that you were involved in a collision. As well as, provide them with the information of your PIP insurer. An attorney can help determine if there are any other benefits available to you.