After a car accident, it can be hard to know what to do. If you have been injured, you are most likely in shock and dealing with a lot of physical pain. The following are answers to some of the most frequently asked questions about auto accidents. This information is based on decades of hard work by our attorneys at the Law Offices of Brent C. Miller, P.A. in Central Florida.
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Insurance companies are in the business of making money. With rising PIP claim costs, insurers are doing all they can to ferret out bad claims, and unfortunately, they sometimes challenge good ones. Make sure you have a strong advocate on your side who knows how to stand up to insurance companies and demand the compensation you rightfully deserve.
Our attorneys research every case thoroughly and develop a custom approach for every case. We have extensive experience handling auto accident cases in Florida. We know what evidence to look for after a crash. We are respected by our peers and trusted by our clients. Call us or e-mail us for a free consultation.
What should I do if I've been in a car accident?
Call the police - After a motor vehicle crash, the police serve two functions. First, they ensure that everyone involved gets the care he or she needs. Second, they preserve evidence. A police report will document important details of the accident, such as who was involved, where the accident occurred and other details about the accident. Even if you think you were partially at fault, it is still wise to call the police. There may be facts that are beneficial to your case.
Exchange information - You should always exchange information with the other driver involved in the accident. This includes names, addresses, telephone numbers, driver's license numbers and insurance information. But be careful what you say to the other driver. Keep your comments brief, stick to the facts of what happened and don't say anything that could be construed as admitting fault for the accident.
Document the scene - If possible, you should try to document the scene of the accident yourself. Take pictures using the camera on your phone or a digital camera if you have one available. Take pictures of the street, the vehicles that were involved, and the surrounding environment, such as an intersection. The scene of the accident contains valuable evidence. It is important to document everything possible before that evidence is destroyed or lost.
Get medical attention - If you were hurt, you should immediately seek medical attention. Even if you think you are probably okay, it is always wise to get checked out. Certain injuries such as soft tissue damage from whiplash, back injuries or brain injuries may not show up immediately, but may surface days or weeks after the accident. Having a medical examination after the accident may uncover unseen injuries and will document medical evidence of your injury.
Report your accident - Your insurance will require you to report the accident to them. If you do not report the accident, your insurer may deny your claim. Your obligation stops there. You should not speak to an insurance adjuster without talking to a personal injury attorney first. It is important to remember that an insurance company's business is avoiding risk and preventing loss. The company's priority is to protect its interests.
Call the Law Offices of Brent C. Miller - In Florida, it is important to have an advocate who will stand up for you to make sure your needs are met. With insurance companies increasingly scrutinizing claims, it is more vital than ever to hire a lawyer as soon as possible after an accident. Our auto accident attorneys represent individuals throughout Central Florida from our law offices in Tavares, Inverness, The Villages and Clermont.
Why should I talk to an auto accident attorney after an automobile accident?
If you have been injured in an accident, a personal injury attorney is your advocate, fighting to ensure you get the compensation you need to recover after an accident. Insurance companies frequently offer accident victims less than what their claim is worth. When you have a respected attorney on your side, the insurance company is more likely to offer you a better settlement.
What issues can I expect to face when making a claim for injuries?
There are a number of issues that can arise when making a claim for injuries. The two things that must be proven in all lawsuits are negligence and injury. When filing a claim for injuries, you must establish that the other driver was to blame for the accident. You must also demonstrate that you suffered a loss as a result of the other driver's negligence.
What if I was injured in a golf cart accident?
In cities like The Villages, Florida, many people use golf carts to get around. Golf carts are a favorite mode of transportation and are frequently used on local roads. This unfortunately means that there are many accidents involving golf carts and other motor vehicles, bicyclists or pedestrians.
When you are injured in an accident with a golf cart, you should follow the same procedures you would for a car accident. Owners of golf carts may be held responsible for injuries caused by the person operating it. As such, many golf carts are covered by some form of insurance, whether it be a homeowner's policy, automobile coverage or a special liability insurance for the golf cart itself. While there may be coverage for golf carts, there is no requirement that they be insured like a car would.
Who will pay my auto accident medical expenses?
The first $10,000 of your medical expenses will be covered under your PIP insurance coverage up to your limit. PIP stands for Personal Injury Protection. It is also referred to as "no-fault" insurance because it pays for expenses in the event of an accident regardless of who is at fault. It is the only form of auto insurance required in Florida. But keep in mind, your PIP coverage covers only 80 percent of your medical expenses and 60 percent of your lost wages.
After PIP is exhausted, the MedPay portion of your policy will cover your medical expenses if you have it. If you don't have MedPay, your own medical insurance will cover your medical expenses. If you don't have insurance, you are responsible for your medical expenses.
If you are injured in an accident caused by another motorist, that motorist's bodily injury liability (BI) coverage will pay for your medical expenses up to the policy limit. Note, however, that Florida motorists are not actually required to carry this coverage.
What if the driver who caused my car accident was uninsured?
In Florida, it is not uncommon for drivers to be uninsured or underinsured, especially because motorists are not currently required to carry liability insurance for bodily injury. For this reason, many people choose to purchase uninsured and underinsured motorist protection policies to cover them. You are not required to carry this coverage, but your insurance company is required to offer it to you. There are often rules about when these policies kick in. It is important you have an attorney on your side who can ensure your rights are protected.
What can I recover financially after my car accident?
If you are suing the at-fault driver for negligence, you can recover money for lost wages and medical expenses. Typically, you cannot recover punitive damages unless you can show the responsible party was intoxicated or otherwise grossly negligent at the time of the accident.
Will my insurance rates go up after my car accident?
If you were not at fault for the accident, your insurance rates should not go up.
If you were partially responsible for the accident, whether your insurance goes up may depend on the coverage that you have.
If you have only PIP coverage, your insurance should not go up as PIP insurance is designed to cover people regardless of their own liability. PIP rates are based on a pooled risk model rather than an individual liability model.
If you have coverage beyond PIP, your rates could go up on that other insurance depending on your role in the accident.
